River Trails Ranch Co. v. Superior Court

*564 Opinion

This consolidated case involves identical petitions for writs of prohibition, or in the alternative, writs of mandate (1) ordering the Superior Court of Modoc County to set aside preliminary injunctions against petitioners and (2) directing the trial court to adhere to Code of Civil Procedure sections 529, 1041, 1056 or 1057 in determining the sufficiency of sureties supporting the undertaking required on granting a preliminary injunction pursuant to section 529. The petitions are based on a denial of petitioners’ exceptions and objections to the undertaking by a single individual surety.

The relevant facts are simple. Real parties in interest (plaintiffs below) filed identical actions on November 13, 1979, against petitioners (defendants below) for declaratory relief as to the rights and duties of the parties in relation to a contract of sale of real property. The action also prayed for an accounting between the parties, a temporary restraining order, preliminary injunction and permanent injunction restraining defendants from selling the property, either under the power of sale contained in the deed of trust or by foreclosure action. The temporary restraining order…