Hansen et al v. County of San Diego et al

Filing 19

ORDER denying 4 Motion for Preliminary Injunction and vacating hearing on motion for preliminary injunction. Signed by Judge John A. Houston on 5/29/2018. (jpp)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RICHARD MARK HANSON, S.H, a
minor,

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ORDER DENYING MOTION FOR
PRELIMINARY INJUNCTION AND
VACATING HEARING ON MOTION
FOR PRELIMINARY INJUNCTION

Plaintiff,

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Case No.: 18-cv-0689-JAH-MDD

v.
COUNTY OF SAN DIEGO; SAN
DIEGO COUNTY HEALTH AND
HUMAN SERVICES AGENCY; SAN
DIEGO POLICE DEPARTMENT; and
DOES 1–100,
Defendants.

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Pending before the Court is Plaintiff Richard Mark Hanson’s (“Plaintiff”),

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proceeding pro se, and on behalf of S.H., a minor, Motion for Preliminary Injunction. In

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his motion, Plaintiff moves this Court to “enjoin and prohibit” the County of San Diego

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and San Diego Police Department (“Defendants”) from taking any further action against

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S.H. [Doc. No. 4]. After a careful review of the pleadings filed by all parties, and for the

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reasons set forth below, Plaintiff’s Motion for Preliminary Injunction is DENIED.

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Pursuant to Rule 65 of the Federal Rules of Civil Procedure, the Court may grant

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preliminary injunctive relief or temporary restraining orders in order to prevent “immediate

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and irreparable injury.” Fed.R.Civ.P. 65(b). A preliminary injunction is an extraordinary
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18-cv-0689-JAH-MDD

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and drastic remedy, never awarded as of right. Munaf v. Geren, 553 U.S. 674, 689-90

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(2008) (citations omitted). This equitable relief is within the discretion of the Court after

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balancing various factors. Benda v. Grand Lodge of the Int'l Assoc. of Machinists &

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Aerospace Workers, 584 F.2d 308, 314 (9th Cir.1978). “A plaintiff seeking a preliminary

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injunction must establish that: (1) he is likely to succeed on the merits, (2) is likely to suffer

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irreparable harm in the absence of preliminary relief, (3) the balance of equities tips in his

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favor, and (4) that an injunction is in the public interest.” Winter v. Natural Res. Def.

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Council, 555 U.S. 7, 20 (2008). The Ninth Circuit Court of Appeal has determined that its

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“serious questions” sliding scale test, which permits one element to offset a weaker one, is

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still viable after the four-part element test provided in Winter. See Alliance for the Wild

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Rockies v. Cottrell, 632 F.3d 1127, 1134 -35 (9th Cir. 2011). Therefore, a preliminary

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injunction may issue if the plaintiff demonstrates serious questions going to the merits and

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that the balance of hardships tip sharply in his favor, “so long as the plaintiff also shows

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that there is a likelihood of irreparable injury and that the injunction is in the public

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interest.” Id. at 1135.

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Here, Plaintiff’s motion is vague, unclear, and fatally ambiguous. More importantly,

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Plaintiff has not established the likelihood of irreparable harm nor has he shown a

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likelihood of success on the merits of this case. Plaintiff filed this motion in order to stop

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“further action against S.H.,” however, Plaintiff fails to adequately articulate what is meant

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by “further action.” Absent a clear understanding of the activity Plaintiff seeks to enjoin,

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the Court is incapable of analyzing the irreparability of any alleged harm. Additionally, “a

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preliminary injunction may be denied on the sole ground that the plaintiff failed to raise

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even ‘serious questions’ going to the merits.” Vanguard Outdoor, LLC v. City of Los

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Angeles, 648 F.3d 737 (9th Cir. 2011). Here, Plaintiff does not address the merits of the

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underlying case whatsoever, and as such, fails to establish that even “serious questions”

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exist. Accordingly, Plaintiff’s Motion for Preliminary Injunction [Doc. No. 4] is DENIED

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without prejudice, and the hearing date scheduled for June 4, 2018 is VACATED.

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IT IS SO ORDERED.
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DATED:

May 29, 2018

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_________________________________

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JOHN A. HOUSTON
United States District Judge

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