Injunctive Relief

This decision holds that the district court erred in denying Comcast's motion to compel arbitration even though its arbitration clause precluded customers from litigating public injunction claims in any forum.  First, the decision holds that the mere presence of the clause in the arbitration agreement does not automatically invalidate the arbitration agreement for all purposes--but rather only in cases that… Read More

An appeal automatically stays a mandatory injunction, but not a prohibitory injunction.  Here, the trial court ordered the San Bernardino Board of Supervisors to remove and replace one of its sitting members based on the trial court's finding that the board had violated the Brown Act (Gov. Code 54950) requiring open meetings.  A mandatory injunction is one that commands a… Read More

The district court correctly denied plaintiff's motion for a preliminary injunction before compelling arbitration of the plaintiff's wage-and-hour misclassification claims.  Plaintiff had sought an injunction requiring Uber to reclassify all its drivers as employees rather than independent contractors.  That injunction would have changed, not preserved, the status quo pending arbitration.  Also, there was no urgent need for an injunction before… Read More

CCP 527.8(o) allows a respondent in a workplace harassment injunction action one mandatory continuance in which to respond to the petition.  This decision holds that when the respondent has already filed a written response to the petition, 527.8(o) is inapplicable, and the respondent is not entitled to a continuance of the injunction hearing absent a showing of good cause under… Read More

This decision holds that the Anti-Injunction Act (28 USC 2283) does not bar a suit to enjoin the IRS from enforcing its regulation which requires tax payers and their material advisors from filing an informational notice about micro-captive insurance programs which the IRS thinks are often used to dodge taxes without actually providing insurance.  The informational notice is not a… Read More

This decision reverses a preliminary injunction against the county's implementation of COVID-19 health protocols that shut down restaurants, and particularly, those like plaintiff's restaurant that provided nude or semi-nude adult entertainment with their restaurant services.  The preliminary injunction violated due process in banning all restrictions on restaurants generally, when the complaint and preliminary injunction papers were limited to First Amendment… Read More