PRETRIAL ADJUDICATION
...Injunctions
......Threshold Requirements
.........In General
6 Cards On This Topic:
  • As current provisions governing composition and tenure of Cal. Coast. Comm. are constitutional, trial ct.'s judgment enjoining commission from undertaking the bulk of its statutorily authorized functions was reversed.
  • Injunction barring UC from requiring admin. complaints of whistleblower retaliation be presented on specific form properly denied where form optional not mandatory, and injunction unnecessary.
  • Appropriate prejudgment remedy to recover possession of personal property is writ of possession under claim and delivery law, not injunction.
  • Court properly denied injunction preventing County from requiring workers to use own vehicles on County business as County Charter did not prohibit requiring use of personal vehicles as condition of employment
  • Injunction can't issue in vacuum based on fears something might happen; must be supported by actual evidence of realistic prospect that party enjoined intends to engage in prohibited acts.
  • Because contempt proceeding is punitive and separate from the cause out of which it arises, every "i" must be dotted and every "t" crossed.