Hernandez

This is an appeal by defendant Rudolph Stabach from a preliminary injunction and order (2d Civ. No. 66383) and a supplemental preliminary injunction and order (2d Civ. No. 66548). Both appeals were ordered consolidated for purposes of briefing.

Contentions on Appeal

Defendant contends that the preliminary injunction dated July 9, 1981, is overbroad and improper, because it required him to obtain prior leave of court to file unlawful detainer actions in municipal court against any plaintiff based upon nonpayment of rent or maintenance of illegal overcrowded conditions in an apartment.

Facts

On April 16, 1981, several tenants of an apartment complex owned by defendant and located at 1953-1959 Estrella Avenue, Los Angeles, California, commenced this class action on behalf of all tenants living in the apartment complex.

The gravamen of plaintiffs’ complaint is that the premises are infested with rodents, roaches and vermin, in a serious state of disrepair, dangerous, unsanitary, unhealthy, uninhabitable and in gross violation of applicable building and health and safety laws, ordinances and regulations and that defendant instituted unlawful detainer actions in…