People v. Columbia Research Corp.

Good Law
139 Cal. Rptr. 517·1977 Cal. App. LEXIS 1641·71 Cal. App. 2d 607·71 Cal. App. 3d 607
Court of Appeal of CaliforniaApril 7, 1977Civ. 38988California2,138 words

Opinion

Opinion

Caldecott, J.

The People of the State of California filed a complaint for injunction, civil penalties, restitution and other equitable relief against defendants Columbia Research Corporation et al. Shortly thereafter, the state filed a motion for preliminary injunction. The superior court granted this motion and the preliminary injunction was issued. The appeal is from the order granting the preliminary injunction.

I

It is well settled that whether a preliminary injunction shall be granted rests largely with the discretion of the trial court. Its decision will not be reversed on appeal unless there is a clear showing of abuse of discretion. (Isthmian S. S. Co. v. Nat. Marine etc. Assn., 40 Cal.2d 433, 435 [ 254 P.2d 578 ], overruled on other grounds in Smyrniotis v. Local Joint Executive Bd., 64 Cal.2d 30, 40 [ 48 Cal.Rptr. 725 , 409 P.2d 949 ]; Oktanski v. Burn, 138 Cal.App.2d 419, 422 [ 291 P.2d 954 ]; Christopher v. Jones, 231 Cal.App.2d 408, 412 [ 41 Cal.Rptr. 828 ].) In deciding the case at hand, this court is necessarily governed by settled rules on appeal. “[T]hus, in ascertaining whether the facts warrant an order granting a preliminary injunction, it is incumbent upon this…

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