O'CONNOR

O'CONNOR v. Superior Court

Good Law
153 Cal. Rptr. 306·1979 Cal. App. LEXIS 1456·90 Cal. App. 3d 107
Court of Appeal of CaliforniaMarch 6, 1979Docket Nos. 44865, 44907California2,296 words

Opinion

Opinion

Christian, J.

James E. O'Connor et al., and Luxor Cab Company et al., seek writs of mandate to compel respondent superior court to issue preliminary injunctions to prevent real parties in interest, the City and County of San Francisco, the San Francisco Police Commission, Charles R. Gain, and the Controller of the City and County of San Francisco, from enforcing a measure adopted by popular vote. Relief is sought on two theories: that the measure was not properly submitted to the voters and that it is unconstitutional.

An order denying a preliminary injunction is subject to review on appeal. (See 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 77, p. 4088.) It appeared to this court that appeal was an adequate remedy, and that if necessary, a writ of supersedeas could be issued to preserve the subject matter of the litigation pending determination of the appeals. (People ex rel. S.F. Bay etc. Com. v. Town of Emeryville (1968) 69 Cal.2d 533 [ 72 Cal.Rptr. 790 , 446 P.2d 790 ].) On that basis the petitions were denied. The Supreme Court granted hearing as to both petitions and retransferred the causes to this court with directions to issue alternative writs of mandate. That action…

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