SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division North Valley District, Chatsworth Courthouse, Department F49 19CHCV00599 December 11, 2019 MGA ENTERTAINMENT INC. vs ZURU LLC, AND DOES 1- 10 11:34 AM
Judge: Honorable Stephen P. Pfahler CSR: None Judicial Assistant: Adrina Chebishyan ERM: None Courtroom Assistant: Patricia Reynoso Deputy Sheriff: None
APPEARANCES: For Plaintiff(s): No Appearances For Defendant(s): No Appearances N
NATURE OF PROCEEDINGS: Ruling on Submitted Matter The Court, having taken the matter under submission on 12/09/2019, now rules as follows: The Court, having reviewed the three ex parte applications, and having considered the oral argument in connection therewith, hereby rules as follows:
1. Defendant’s ex parte application to exceed page limits in connection with its opposition is granted for good cause shown;
2. Plaintiff’s ex parte application to file certain documents under seal is granted, in part, and, denied in part, for good cause shown, as follows: All of plaintiff’s internal sales information and market research studies by MGA may be filed under seal, provided that such information has not otherwise been made publicly available. The parties are ordered to meet and confer forthwith to discuss submitting a stipulated protective order in that regard.
3. Plaintiff’s ex parte application for a temporary restraining order is granted in part, and denied in part, for good cause shown as follows:
a. The Defendant and its agents are hereby restrained and enjoined from advertising, marketing, promoting, distributing, offering for sale, or selling “5 Surprise” products, or any other products bearing the MGA’s L.O.L. Surprise! Trade dress solely within the State of California;
b. The Defendant is prohibited from effecting any assignments, transfers, creating other entities, aiding or abetting other persons or entitles, or using other means of circumventing the letter and spirit of this order within the State of California.
c. This Order goes into effect, commencing on December 26, 2019 and remains in effect until further order of this Court;
d. In so ruling, the Court makes the requisite findings for the TRO, including that there is irreparable harm, that the MGA has shown at this time that there is a likelihood of success on the merits of its California Trade Dress Infringement claim, and that the balance of hardships weighs in favor of plaintiff.
e. The Court’s ruling on this ex parte in no way prevents Defendant from making any arguments in opposition to the OSC re Preliminary Injunction or binds the Court in its ultimate decision on the OSC re Preliminary Injunction;
f. The Court hereby sets an OSC re Preliminary Injunction for February 19, 2020 at 8:30 a.m. in this Department. The parties’ ex parte papers and opposition thereto cannot serve as their papers for the underlying OSC re Preliminary Injunction.
g. All moving, opposing, and reply papers shall be filed and served pursuant to regular CCP statutory notice governing preliminary injunctions.
h. The Court further sets a hearing for January 3, 2020 at 8:30 for a determination of the amount of the plaintiff’s undertaking pursuant to CCP Section 529. Both parties are ordered to file and serve briefs not to exceed 5 pages in length by no later than 12/24/19 regarding the amount of the undertaking.
Order to Show Cause Re: re Determination of Amount of Plaintiff’s Undertaking is scheduled for 01/03/2020 at 08:30 AM in Department F49 at Chatsworth Courthouse.
Clerk is to give notice.
Certificate of Mailing is attached.