Lausd

Right Site Coalition v. Los Angeles Unified School District

Good Law
160 Cal. App. 4th 336·2008 Cal. App. LEXIS 252·72 Cal. Rptr. 3d 678·38 Envtl. L. Rep. (Envtl. Law Inst.) 20053
Court of Appeal of CaliforniaJanuary 30, 2008B202053California2,982 words

Opinion

Opinion

Klein, J.

Plaintiff and appellant The Right Site Coalition (Coalition) appeals an order denying its motion for a preliminary injunction. The Coalition seeks to prevent defendants and respondents Los Angeles Unified School District and the Board of Education for the Los Angeles Unified School District (LAUSD) from demolishing 49 units of housing to make way for a new school.

The determination whether to issue a preliminary injunction requires the trial court to exercise its discretion by considering and weighing “ ‘two interrelated factors,’ specifically, the likelihood that plaintiffs will prevail on the merits at trial, and the comparative harm to be suffered by plaintiffs if the injunction does not issue against the harm to be suffered by defendants ... if it does.” (King v. Meese (1987) 43 Cal.3d 1217, 1226 [ 240 Cal.Rptr. 829 , 743 P.2d 889 ].) The more likely it is that plaintiffs will ultimately prevail, the less severe must be the harm that they allege will occur if the injunction does not issue. (Id. at p. 1227.) Further, “if the party seeking the injunction can make a sufficiently strong showing of likelihood of success on the merits, the trial court has discretion to…

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