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TN THE 448TH JUDICIAL DISTRICT CoURT . ^. : -O .
ELPASOCOLINTY,TEXAS i:.!., AH 8,37

THE STATE OF TEXAS, ex rel. $

EL PASO COTINTY ATTORNEY $
JO ANNE BERNAL, $
Plaintiff, $
$
$
$ No. 2019DCV3957
YOYO BODY WORK, INC,, A.K.A. $
YOYO BODYWORKS, A.K.A. YOYO $
MASSAGE, AND YIJXIANG LIU, $
TNDIVIDUALLY, $
Defendants.

TE\IPORARY RESTRA,INING ORDER AND

ORDER SETTING HEARING FOR PRELI}II\ARY INJLTNCTION

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

and evidence, submitted by Plaintiff, the State of Texas ('1he State"), the Court finds:

I . Jurisdiction over the subject matter ofthis case and jurisdiction over the parties pursuant to

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

this lawsuit lies in El Paso County, Texas, pursuant to CPRC Sections I 5 .0 I 6 and

125.002(a).

2. Judgnent is in the public interest.

3. Chapter 455 ofthe Texas Occupations Code (OCC) gives the county attomey authority to

seek injunctive relieffor violations ofthe OCC on behalfofthe State ofTexas.

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

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

continuing or occurring.

6. No evidence of imminent harm, irreparable injury, or the absence of an adequate remedy

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

TRO and Order Setting Hearing for Preliminary lnjunction

Page I of 3
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 Section 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 "Yoyo Body Work,

Inc.," also known as "Yoyo Body'works," and "Yoyo Massage," (hereinafter, "Yoyo

Body Work"), a business located at 800 N. Zaragoza Rd., Ste. O, El Paso, Texas 79907.

11. A Temporary Reshaining Order is reasonable against Defendant, Yuxiang Liu

(hereinafter, "Defendant Uu"), who is the registered owner of Yoyo Body Work.

IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the

Court:

l. Restrains and enjoins Defendant Liu from operating a massage therapy business,

performing massages, allowing any other person(s) to perform massages, or advertise

massage therapy services at 800 N. Zaragoza Rd., Ste. O, El Paso, Texas 79907;

2. Orders a sign be posted at the business that reads: "NOTICE YOYO BODY WORK

TEMPORARILY CLOSED BY COURT ORDER. POSTED: ACTE DfrI 20 /7

(date). Said sign must remain posted and visible until the temporary restraining order

explres;

J Orders all records and documents from October 1, 2018 to present, relating to the

business of Yoyo Body Work, including but not limited to the ownership, rental/lease,

and records relating to taxes, clients and the business operation Yoyo Body Work be

preserved; and

TRO and Order Sening Hearing for Preliminary Injunction

Page 2 of3
 4. Orders the clerk to issue notice that a temporary injunction hearing is set on

(.'l ocru&__.t_, 20t9at F:3O 4 Ln in rhe 448tr'Judicial District Court,

in 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 expire on

"
Oqa 2019

SIGNED ON THE P day of aEtbn,rzc ,2}lg at F:2o a.m.*

H ERGIO ENRI
Presiding Judge

TRO and Order Setting Hearing for Preliminary Injunction

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