What is the test for determining whether an injunction is ambiguous or uncertain?

California, United States of America


The following excerpt is from U-Haul Co. of Cal. v. City of Berkeley, A136973, A137541 (Cal. App. 2014):

The governing law is not in dispute. "Generally, 'an injunction must not be uncertain or ambiguous and the defendant must be able to determine from the order what he may and may not do. However, in determining whether the defendant has been given sufficient notice of the conduct proscribed or compelled, the language of the injunction must be interpreted in light of the record which discloses the kind of conduct that is sought to be enjoined.' [Fn. omitted.]" (City of Redlands v. County of San Bernardino (2002) 96 Cal.App.4th 398, 415-416 [City of Redlands].) "The party bound by an injunction must be able to determine from its terms what he may and may not do; he cannot be held guilty of contempt for violating an injunction that is uncertain or ambiguous [citation], just as he may not be held guilty of violating a criminal statute that fails to give him adequate notice of the prohibited acts." (People v. Bestline Products, Inc. (1976) 61 Cal.App.3d 879, 908)

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