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Injunctive Relief

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A preliminary injunction properly issued to require Uber and Lyft to stop misclassifying their drivers as independent contractors.  Under the ABC test adopted in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 and AB5 (Lab. Code 2775), one who provides labor or services for pay is presumed to be an employee unless the hiring entity proves all… Read More

When a government entity sues and seeks a preliminary injunction to halt violation of a statute, it need only show a reasonable probability of success on the merits, and then a rebuttable presumption arises that public harm from the violation outweighs harm to the defendant from the injunction. (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63.)  To overcome… Read More

This decision upholds a Workplace Violence Prevention injunction issued against a perennial attendant at LA City Council meetings who threatened a city attorney who advised the Council at those meetings. The defendant made threats against the attorney.  He put swastikas and KKK symbols on public comment cards at the Council meetings, indicated he thought the attorney was Jewish, and repeatedly… Read More

The district court erred in entering a nationwide injunction against the Trump Administration's unlawful restrictions on federal grants to localities, requiring them to forego the grants or foreswear their "sanctuary" statutes or ordinances.  The only plaintiffs in this case were San Francisco and California.  They suffered injury only within California, and they could be restored to their rightful position by… Read More

The trial court erred in granting a temporary restraining order on an ex parte basis in this case.  The declaration supporting the request for the TRO did not present admissible evidence of any impending emergency that required relief on an ex parte basis, as opposed to a noticed motion.  The case challenged the Governor's emergency order regarding voting by mail… Read More

A trial court may issue a preliminary injunction mandating an affirmative act that changes the status quo, but only in extreme cases when the right to the injunction is clearly established; in this case, the trial court properly ordered defendant software developer to turn over source code to its customer, the plaintiff, so plaintiff could alter the software to make… Read More