Gosney

Two appeals are before us. The first is from an order of the trial court denying issuance of a preliminary injunction sought by appellants. The second notice of appeal involves a judgment discharging an alternative writ of mandate and denying issuance of a peremptory writ. The appeal, however, is not from the entire judgment but “from that portion of the judgment . . . which decreed as follows; ‘Findings of Fact’.” The notice of appeal goes on to recite the language of findings V-XII, inclusive, and conclusions I-V, inclusive.

I. Appeal From Denial Of Preliminary Injunction

The grant or refusal of a preliminary injunction is, generally speaking, within the discretion of the trial court and its order may be reversed on appeal only if abuse of discretion is shown. As stated in Lagunitas Water Co. v. Marin County Water Co. (1912) 163 Cal. 332, 336-337 [ 125 P. 351 ]: “But a preliminary injunction is not a matter of right. It is addressed to the discretion of the court. In denying it the court does not necessarily determine anything as to the merits of the main controversy. It may conclude that from the evidence produced on the application for a preliminary injunction it…