PRETRIAL ADJUDICATION
...Injunctions
......Appeal or Writ Review
.........Abuse of Discretion
4 Cards On This Topic:
  • Writ of mandamus to compel issuance of injunction appropriate where, on basis of undisputed facts, trial court clearly abused its discretion in failing to issue prelim. injunction.
  • Because D's notice of appeal was filed more than 180 days after workplace violence protective order, Court of Appeal had no jurisdiction to consider an appeal.
  • Party challenging injunction bears burden of showing abuse of discretion by trial court; that decision exceeds bounds of reason or contravenes uncontradicted evidence.
  • Although appeal may follow grant of preliminary injunction, writ of mandate may be available where remedy by appeal not speedy and adequate.