What is the test for appeal from an order granting a preliminary injunction?

California, United States of America


The following excerpt is from Teachers Ins. & Annuity Assn. v. Furlotti, 70 Cal.App.4th 1487, 83 Cal.Rptr.2d 455 (Cal. App. 1999):

"An appeal from an order granting a preliminary injunction involves a limited review of these two factors...." (Shoemaker v. County of Los Angeles, supra, 37 Cal.App.4th at p. 625, 43 Cal.Rptr.2d 774.) The decision to grant a preliminary injunction " 'rests in the sound discretion of the trial court.' [Citation.]" (Id., at p. 624, 43 Cal.Rptr.2d 774.) The decision will only be reversed when the trial court has abused its discretion as to either factor. (Id., at p. 625, 43 Cal.Rptr.2d 774.) " 'A trial court will be found to have abused its discretion only when it has " 'exceeded the bounds of reason or contravened the uncontradicted evidence.' " ' [Citation.] 'Further, the burden rests with the party challenging the [trial court's ruling on the application for an] injunction to make a clear showing of an abuse of discretion.' [Citation.]" (Id., at p. 624, 43 Cal.Rptr.2d 774.)

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