County of Los Angeles v. City of Los Angeles

Defendant, Pedro Rosado, purports to appeal from an order fixing the amount of a preliminary injunction bond. Because such an order did not appear to be appealable, we issued an order to show cause concerning possible dismissal of the appeal. (Jennings v. Marralle (1994) 8 Cal.4th 121, 126 [ 32 Cal.Rptr.2d 275 , 876 P.2d 1074 ]; Olson v. Cory (1983) 35 Cal.3d 390, 398 [ 197 Cal.Rptr. 843 , 673 P.2d 720 ].) We conclude the order fixing the amount of the preliminary injunction bond is not separately appealable as matters now stand.

Defendant had previously appealed from an order granting a preliminary injunction request. In connection with that appeal, citing the decision authored by our colleague, Associate Justice Art W. McKinster, ABBA Rubber Co. v. Seaquist (1991) 235 Cal.App.3d 1, 10-15 [ 286 Cal.Rptr. 518 ], defendant argued that the amount of the preliminary injunction bond was inadequate to meet the requirements imposed by Code of Civil Procedure section 529, subdivision (a). In an unpublished decision, we upheld the order granting the preliminary injunction request of various plaintiffs. However, we agreed with defendant’s argument that the amount of the…