PRETRIAL ADJUDICATION
...Injunctions
......Requirements in Equity
.........Irreparable Harm
............Constitutional Infringement
14 Cards On This Topic:
  • Moscone Act and LC 1138.1 do not run afoul of federal const'l prohibition on content discrimination in speech regs.—peaceful union picketing on private sidewalk of retail store during labor dispute may not be enjoined on trespass grounds.
  • Preliminary injunction prohibiting web site operator from disclosing another site's trade secrets did not violate free speech clauses of U.S. and Cal. Constitutions.
  • Actress's weak copyright claim in her 5-second performance cannot justify censorship of a purportedly blasphemous film by way of an injunction mandating film's removal from Google platforms.
  • Deputy sheriffs' union's complaint to enjoin the LA Times from publishing news about sheriff's hiring of certain Os arose from protected activity—injunction would be an unconst'l prior restraint.
  • Injunction barring former employee Ps from discussing lawsuit with current employees, issued in exercise of court's inherent power to control proceedings, vacated as no RPC 2-100 violation and order violated free speech concerns of False Claims Act.
  • As privately owned shopping mall may not enforce rules giving preferential treatment to labor speech and discriminating against other types of speech, nonlabor protesting group entitled to prelim. injunction.
  • Order enjoining newspaper from reporting on trial testimony in a case in which it is the defendant is an impermissible prior restraint.
  • Court abused its discretion by preliminarily enjoining City's enforcement of CyberCafe operational regulations, but properly exercised its discretion in enjoining enforcement of conditional use permit requirement.
  • Injunction against gang activities, including association in target area, did not impermissibly burden D's associational rights.
  • Importance of interests affected by street gang injunction required finding of facts necessary to justify its issuance be proved by clear and convincing standard.
  • Although prelim. inj. provision prohibiting gang member association was constitutional, provision enjoining possession of pagers unconstitutionally overbroad.
  • Injunction against dissemination of information on matter of public interest within context of prior restraint and public debate violates First Amendment.
  • Mere fact that constitutionally challenged ordinance or statue impinges on 1st Amend. does not automatically establish irreparable damage.
  • Injunction cannot be issued to prevent constitutionally protected activities such as initiating complaints with public agencies, regardless of motive.