Art Movers, Inc. v. Ni West, Inc.

Cross-complainants and appellants Art Movers, Inc., Bryan Cooke, Aileen Cooke and Cooke’s Crating, Inc., appeal from an order granting summary adjudication in favor of cross-defendant and respondent Ni West, Inc., on appellants’ cause of action seeking permanent injunctive relief against respondent. Appellants claim appellate jurisdiction pursuant to Code of Civil Procedure section 904.1, subdivision (f), which provides for review of orders denying injunctions. Appellants also appeal from an order imposing monetary sanctions in the amount of $1,620 against them pursuant to Code of Civil Procedure section 128.5. We conclude that when a party brings a cause of action requesting permanent injunctive relief and that relief is denied by summary adjudication, review is properly taken by a petition for a writ of mandate and not appeal. We conclude further that the order imposing sanctions does not comply with the due process and statutory requirements of Code of Civil Procedure section 128.5. Accordingly, we dismiss the appeal from the order granting summary adjudication and reverse and remand the order imposing sanctions.

Facts and Procedural Background

This action arises out…