PRETRIAL ADJUDICATION
...Injunctions
......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.