Legal Opinion

Biasca v. Superior Court

California Supreme Court

Decided August 30, 1924No. S. F. No. 11285PublishedCited by 14 opinions

1Opinion of the Court

THE COURT.

This application for a writ of prohibition presents for decision the single question of the jurisdiction of the superior court to issue an interim restraining order without requiring the undertaking mentioned in section 529 of the Code of Civil Procedure. A complaint was filed in the respondent court which stated a cause of action in favor of the plaintiff therein for an injunction against the defendant therein. Upon application for a temporary injunction pendente lite the respondent court issued an order to show cause why an injunction should not issue as prayed for, which was made…

2Cases cited3 opinions

  1. San Diego Water Co. v. Pac. Coast S.S. Co.California Supreme Court · 1894
  2. Neumann v. MorettiCalifornia Supreme Court · 1905
  3. Maier v. LuceCalifornia Court of Appeal · 1923

3Cited by14 opinions

  1. River Farms Co. v. Superior CourtCalifornia Court of Appeal · 1933
  2. Yellen v. Fidelity & Casualty Co. of New YorkCalifornia Court of Appeal · 1931
  3. International Union of Operating Engineers v. Superior CourtCalifornia Court of Appeal · 1989
  4. Western Steel & Ship Repair, Inc. v. RMI, Inc.California Court of Appeal · 1986
  5. City of South San Francisco v. Cypress Lawn Cemetery Ass'nCalifornia Court of Appeal · 1992

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