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Injunctive Relief

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This decision dismisses defendant's appeals from several trial court orders under the appellate disentitlement doctrine.  Defendant had refused to obey a long string of court orders in this long running dispute over a construction contract for defendant's casino.  Defendant refused to obey an order compelling arbitration.  Then it got an injunction against arbitration from its own newly formed tribal court,… Read More

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

A court may abstain from adjudicating a suit that seeks equitable remedies if granting the requested relief would require a trial court to assume the functions of an administrative agency, or to interfere with the functions of an administrative agency.  Here, plaintiff sought injunctive relief against a local water service district to prevent a particular employee from operating its water… 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

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

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