City of Oxnard v. County of Ventura

DISCUSSION

City contends the trial court erred when it concluded that City lacks the authority to contract for its own ambulance services under the EMS Act. We conclude otherwise. “‘In deciding whether to issue a preliminary injunction, a trial court must evaluate two interrelated factors: (i) the likelihood that the party seeking the injunction will ultimately prevail on the merits of [their] claim, and (ii) the balance of harm presented, i.e., the comparative consequences of the issuance and nonissuance of the injunction. [Citations.]’ [Citation.]” (Law School Admission Council, Inc. v. State of California (2014) 222 Cal.App.4th 1265, 1280.) On appeal, our review is “limited to whether the . . . court abused its discretion in evaluating [these] factors.” (Ibid.) But “questions underlying the preliminary injunction are reviewed under the appropriate standard of review.” (People ex rel. Gallo v. Acuna (1997) 14 Cal.4th 1090, 1136.) Thus, to the extent a party’s “‘likelihood of prevailing on the merits depends upon a question of pure law”— e.g., where it hinges on a question of statutory construction—we exercise our independent review. (Law School, at pp. 1280-1281.) There was no…