United States District Court, S.D. California
ORDER DENYING PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER [Doc. No. 2]
MICHAEL M. ANELLO, District Judge.
Plaintiff Theo Hanson has filed a pro se complaint against Defendant Mark Hanson,  Heartland Coalition, Inc., Alan Cassell, Chris Kleber, James Gormican, and Rock West Composites, Inc. (collectively "Defendants"), alleging tortious fraud and deceit, violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1962 et. seq, and conversion. Concurrently, Plaintiff moves for a temporary restraining order ("TRO"). For the reasons stated below, the Court DENIES Plaintiff's motion.
Plaintiff, an individual, is a citizen of Chicago, Illinois.
Defendant Mark Hanson is an individual and resident of San Diego, California. He also serves as the director of Defendant Heartland Coalition, Inc. ("Heartland Coalition") and Defendant United Green Industries ("UGI"). Heartland is a California non-profit corporation with its principal place of business in the Southern District of California. UGI is a California for-profit corporation with its principal place of business in the Southern District of California.
Defendants Alan Cassell and James P. Gormican are both individuals. They also serves as directors and/or officers of Heartland Coalition and UGI. Defendant Chris Kleber is an individual.
Defendant Rock West Companies, Inc. ("Rock West"), is a California corporation with its principal place of business in the Southern District of California. Defendant Gormican is the principal of Rock West.
Plaintiff contends that he owns 25% of stock in UGI. Defendants Mark Hanson and Alan Cassell also own 25% each of stock in UGI. Plaintiff also owns various items of personal property valued at more than $15, 000. Plaintiff maintains that his personal property is located in the UGI offices.
On January 16, 2014, Defendant Hanson proposed an attempted asset sale of UGI to Rock West for $300, 000. Plaintiff contends this sale was not reasonable because UGI's asserts were valued at $500, 000. Plaintiff alleges that the remaining directors and shareholders immediately rejected the proposed sale. Additionally, Plaintiff submitted a written letter of objection and protest in response to the proposed sale, which he sent to the remaining directors and proposed buyer.
On January 24, 2014, Defendant Hanson unilaterally sold UGI asserts to another buyer, Defendants Cassell and Kleber, for the same price. Plaintiff contends that the three Defendants knew that Defendant Hanson did not have the authority to do so. On January 27, 2014, Defendant Hanson resold the same property, UGI, to Defendants Gormican and Rock West under the same terms that had previously been rejected. Plaintiff contends that Defendant Gormican knew that Defendant Hanson lacked the authority to do so.
Plaintiff contends that Defendant Hanson notified him of the sale and then locked UGI's offices, stole Plaintiff's personal property, and threatened to steal Plaintiff's remaining property if Plaintiff was not out of the building before the new buyer moves in on Sunday, February 16, 2014. Plaintiff contends that he was never presented with any valid notice ordering him to vacate UGI's premises.
Plaintiff now moves for a TRO compelling Defendants to return Plaintiff's personal property and to cease and enjoin the transfer of corporate assets to third parties. Plaintiff contends that he will suffer irreparable harm absent a TRO because Defendants have threatened to steal and destroy more of Plaintiff's property on Sunday, February 16, 2014 if Plaintiff does not move out of his business location.
A. Temporary Restraining Order