PRETRIAL ADJUDICATION
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Injunctions
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Threshold Requirements
.........Jurisdiction
8 Cards On This Topic:
Under principles of judicial restraint and comity, TRO issued in Cal. to prevent parties from proceeding in parallel Minn. action was improper.
TRO prohibiting corp. from commencing / enforcing noncompetition agreement or restrictive covenant against former employees was improperly granted to extent it enjoined sister-state actions and fed. actions outside Cal.
Managers of LLCs not immune to personal liability if they participated in tortious or criminal conduct while performing duties as managers; prelim. injunction against manager affirmed.
Alameda County court retained jurisdiction to enjoin litigation in San Diego which arose out of Alameda class action while judgment on appeal in Alameda.
Court had no jurisdiction to issue contempt orders where no OSC had issued and opposing side not given notice of proceedings.
When dissolution of marriage petition filed, family court acquired jurisdiction to stay judicial proceedings in related action.
Appellate court has no jurisdiction to review order of lower court that is not appealable by statute; Code Civ. Proc. §904.1(f) exception to final judgment rule applies to pendente lite, but not permanent, injunctions.
Injunction against harassment under Code Civ. Proc. §527.6 cannot be obtained ex parte; petition or cross-complaint required.