Westlake Village etc. Medical Clinic v. Howell HealthCare CA2/6

DISCUSSION

Standard of Review We review an order granting or denying a preliminary injunction for abuse of discretion. (People ex rel. Gallo v. Acuna (1997) 14 Cal.4th 1090, 1109; King v. Meese (1987) 43 Cal.3d 1217; 1227–1228; Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, 286.) Our review is confined to the consideration of whether the trial court abused its discretion in evaluating two interrelated factors: the likelihood plaintiff will prevail on the merits at trial; and the balance of harm to each party if the preliminary injunction is granted or denied. (Gallo, at p. 1109; Cohen at p. 286.) "The latter factor involves consideration of such things as the inadequacy of other remedies, the degree of irreparable harm, and the necessity of preserving the status quo." (Abrams v. St. John's Hospital & Health Center (1994) 25 Cal.App.4th 628, 636.) Denial of Preliminary Injunction Appellant argues the trial court abused its discretion when it determined appellant had failed to establish the likelihood of prevailing on its claims. It contends respondents' failure to comply with the fictitious business name statutes created a presumption, which respondents failed to…