Can a motion for a preliminary injunction be heard by the trial court?

California, United States of America


The following excerpt is from Allstate Ins. Co. v. Superior Court, 110 Cal.Rptr. 622, 35 Cal.App.3d 137 (Cal. App. 1973):

[35 Cal.App.3d 139] The motion for preliminary injunction sought by petitioners was heard by the trial court, at which time a temporary restraining order was dissolved, and the preliminary injunction was denied. The trial court apparently determined that Orpustan v. State Farm Mut. Auto. Ins. Co., 7 Cal.3d 988, 103 Cal.Rptr. 919, 500 P.2d 1119 was controlling on the determination of question of the power of the arbitrator to decide whether the state of limitations barred the action. We agree that the arbitrator had that power.

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