THOMAS B. MICH VS. CONCEPT KISMET, LLC (D/B/A PHONOBAR), ET AL

Matter on calendar for Thursday, July 3, 2025, Line 6, ORDER TO SHOW CAUSE RE: PRELIMINARY HEARING. This motion shall be heard by Judge Harold Kahn at 9:00 a.m. in Department 302 prior to Judge Quinn's calendar.

Plaintiff Thomas Mich's motion for a preliminary injunction is denied. Mr. Mich has known about the likely sale of Phonobar for at least a year. There is no evidence that prior to filing this lawsuit Mr. Mich made any effort to purchase Phonobar per his claimed right of first refusal. Because of his inaction in pursuing his claimed right of first refusal, Mr. Mich has not shown that he likely to prevail on his claim that his contractual rights have been violated by the sale of Phonobar.

At this time, with the ABC license transferred to the purchaser and escrow likely to close in the near future, it would cause significant and likely irreparable harm to the purchaser, Concept Kismet, and Mr. Lukezic if the sale was restrained. Mr. Mich has not shown that, if he ultimately succeeds on any of his claims, money damages is inadequate to remediate any harm that he has suffered.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/HK). | |