PRETRIAL ADJUDICATION
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Injunctions
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Appeal or Writ Review
.........Abuse of Discretion
4 Cards On This Topic:
Writ of mandamus to compel issuance of injunction appropriate where, on basis of undisputed facts, trial court clearly abused its discretion in failing to issue prelim. injunction.
Because D's notice of appeal was filed more than 180 days after workplace violence protective order, Court of Appeal had no jurisdiction to consider an appeal.
Party challenging injunction bears burden of showing abuse of discretion by trial court; that decision exceeds bounds of reason or contravenes uncontradicted evidence.
Although appeal may follow grant of preliminary injunction, writ of mandate may be available where remedy by appeal not speedy and adequate.