California State University v. National Collegiate Athletic Ass'n

Defendant National Collegiate Athletic Association appeals from the order of the Alameda County Superior Court granting a preliminary injunction.

Issues Presented

1) The trial court had jurisdiction to intervene in the dispute between Califqrnia State University, Hayward (hereinafter CSUH) and the National Collegiate Athletic Association (hereinafter NCAA).

2) There was no abuse of discretion in the issuance of the preliminary injunction.

3) Verification of the complaint was not required.

Record

California State University at Hayward and Ellis McCune, in his official capacity as President of CSUH, filed a complaint in the Alameda County Superior Court against the NCAA. The complaint sought injunctive relief enjoining the NCAA from enforcing its decision that the entire intercollegiate athletic program at CSUH was indefinitely ineligible for post-season play.

The court issued a temporary restraining order against enforcement of the NCAA decision, and an order to show cause why a preliminary injunction should not be issued. Prior to the hearing on the order to show cause the NCAA filed a demurrer to the complaint. Following the hearing and an examination of the…