Shoemaker

Shoemaker v. County of Los Angeles

Bad Law
1995 Cal. App. LEXIS 747·37 Cal. App. 4th 618·43 Cal. Rptr. 2d 774·43 Cal. Rptr. 774·95 Daily Journal DAR 10583
Court of Appeal of CaliforniaAugust 4, 1995B081963California6,021 words

Opinion

Opinion

Masterson, J.

Plaintiff William C. Shoemaker, M.D., was removed from the administrative positions he held with the Charles R. Drew University of Medicine and Science (the University) and the Los Angeles County Martin Luther King, Jr./Drew Medical Center (the Medical Center). Upon Shoemaker’s application, the trial court issued a mandatory preliminary injunction reinstating him to those positions pending trial. Defendants appeal from the order granting the injunction. We conclude that the court abused its discretion in issuing the injunction.

Background

The evidence before the trial court on Shoemaker’s application for a preliminary injunction established the following.

The University is a California public benefit corporation that operates as a private institution of higher learning. Its board of directors has adopted bylaws giving the president of the University broad authority over academic and administrative affairs. The bylaws provide in part that the president “shall be responsible for all administrative areas” and “shall have full power of appointment, direction and supervision of the Faculty.”

The University is affiliated with the Medical Center as a result of several…

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