Does this court have jurisdiction to review or overturn a preliminary injunction issued by the trial court?

California, United States of America


The following excerpt is from Cohen v. Board of Supervisors, 219 Cal.Rptr. 467, 40 Cal.3d 277, 707 P.2d 840 (Cal. 1985):

The cited cases are not apposite here. In City of Santa Barbara v. Adamson, supra, 27 Cal.3d 123, 164 Cal.Rptr. 539, 610 P.2d 436, for example, the trial court, acting under an ordinance restricting the number of unrelated adults who could live in the same household, enjoined a group of adults from living together. On appeal, this court held the ordinance unconstitutional, reversed the order granting the preliminary injunction, and remanded for further proceedings. (Id., at pp. 132-134, 137, 164 Cal.Rptr. 539, 610 P.2d 436.) There is no indication in the opinion, however, that either party argued that this court was limited to a review of the trial court's [40 Cal.3d 288] discretion or that either party framed the issues in terms of whether the trial court had erred in implicitly finding for the city on the "interim harm" and "likelihood of prevailing on the merits" factors.

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