People v. Rath Packing Co.

These two appeals, involving virtually identical facts and issues of law, have been consolidated for consideration by this court. In No. 42367, the People and others appeal from the granting of a motion for a preliminaiy injunction by the Los Angeles County Superior Court. In No. 43812, the same parties appeal from a judgment of that court granting declaratory relief and permanently enjoining them from enforcing certain provisions of California law against defendant Rath Packing Company (Rath). The effect of the granting of the permanent injunction was to render the appeal from the granting of the preliminaiy injunction moot, and we therefore dismiss the appeal in No. 42367. (People v. Gordon (1951) 105 Cal.App.2d 711, 725 [ 234 P.2d 287 ]; 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 77, p. 4089.)

Statement of the Case

On March 1, 1972, the People, through the District Attorney of Los Angeles County, filed a complaint for an injunction, civil penalties and other relief against Rath, praying that Rath be enjoined from the advertising and sale of short-weighted packages of bacon and seeking the recovery of monetary damages as well.

The complaint alleged that the net…