El Paso County - 210th District Court Filed 10/20/2021 10:45 AM

Norma Favela Barceleau

District Clerk
El Paso County
2021DCV3692
IN THE }IOTH DISTRICT COURT
IN EL PASO COUNTY, TEXAS

THE STATE OF TEXAS, ex rel. $

EL PASO COUNTY ATTORNEY $
JO ANNE BERNAL, $
Plaintiff, $
$
v. $
$ No.202lDCY3692
NEW HEALTH MASSAGE ALSO $
KNOWN AS NEW HEALTH SPA $
MASSAGE AND FORMALLY KNOWN $
AS NEW STYLE MASSAGE, (IN REM, s
MTNGJUAN ZHANG, INDIVIDUALLY, $
LTNGFANG SUN, INDIVIDUALLY, $
DIANLONG PEI, INDIVIDUALLY, $
Defendants. $

TEMPORARY RESTRAINING ORDER AND

ORDER SETTING ITEARING FOR PRELIMINARY INJUNCTION

After considering the application for temporary restraining order, pleadings, affidavits

and evidence, submitted by Plaintiff, the State of Texas ("the State"), the Court finds:

l. Jurisdiction over the subject matter of this case and jurisdiction over the Parties pursuant to

Texas Civil Practice and Remedies Code (CPRC) $ 125.002(a) is proper. Venue of this

lawsuit lies in El Paso County, Texas, pursuant to CPRC $$ 15.016 and 125'002(a).

1 Judgment is in the public interest.

J. Chapter 455 of the Texas Occupations Code (OCC) gives the county attorney authority to

seek injunctive relief for violations of the OCC on behalf of the State of Texas.

4. The evidence shows that violations of the OCC and the CPRC have occurred or are

occurring.

5. The State is entitled to appropriate injunctive relief to prevent the violations from

continuing or occurring.

TRO and Order Setting Hearing for Preliminary Injunction

Page 1 of3
6. No evidence of imminent harm, ireparable injury, or the absence of an adequate remedy

at law is necessary to support the State's entitlement to injunctive relief.

7. An ex parte order is necessary because there was insufficient time to hold a hearing, and

issue a restraining order before the irreparable injury, loss or damage occurs.

8. The State is not required to post a bond under $ 6.001 of the CPRC.

9 . An ex parte order is necessary and the State met the requirements of Local Rule I .05.

10. A temporary restraining order is reasonable against Defendant New Health Massage also

known as New Health Spa Massage (hereinafter, "New Health Massage"), located at

6330 N. Mesa St., Ste. G, El Paso, Texas 79912.

I l. A temporary restraining order is reasonable against Mingiuan Zhang, (hereinafter,

"Defendant Zhang"), who is an owner of New Health Massage.

12. A temporary restraining order is reasonable against, Lingfang Sun, (hereinafter,

"Defendant Sun"), who is the operator of New Health Massage.

13. A temporary restraining order is reasonable against, Dianlong Pei, Hereinafter,

("Defendant Pei"), who is an owner of New Health Massage.

IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the

Court:

L Restrains and enjoins all named Defendants from operating a massage therapy business,

performing massages, offering massage services, allowing any other person(s) to perform

massages, or advertise massage therapy services at 6330 N. Mesa St., Ste. G, El Paso,

Texas 79912;

2. Orders a sign be posted at the business that reads: "NOTICE: NEW HEALTH

MASSAGE TEMPORARILY CLOSED BY COURT ORDER. POSTED: OCtObCT 2I,

TRO and Order Setting Hearing for Preliminary Injunction

Page 2 of3
 2021" Said sign must remain posted and visible until the temporary restraining order

expires;

3. Orders all records and documents from September 7,2020 to present of the ownership of

New Health Massage, employee records, and rental/lease of property, and records

relating to taxes, clients and the business operation of New Health Massage be preserved;

and

4. Orders the clerk to issue notice that a temporary injunction hearing is set on

L^zt, ut / 30
! ur, /@, the 2l0thDistrict court El paso

County, Texas to determine whether this temporary restraining order should be made a

temporary injunction pending a full trial on the merits.

This order expires r @zozt.

sTGNED oN rHE dto^, "r

ALbdr|'L221t,at l0:3{ @.'r.

TRO and Order Setting Hearing for Preliminary Injunction

Page 3 of3
 Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Envelope ID: 58364230

Status as of 10/20/2021 1:08 PM MST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Katrina Ayala KaAyala@epcounty.com 10/20/2021 10:45:51 AM SENT