State Board of Barber Examiners v. Star

Opinion

BROWN (Gerald), P. J.

The State Board of Barber Examiners appeals from an order denying its application for a preliminary injunction to prevent Ricky Star and Elizabeth Star from charging less than the Board’s minimum price schedule for haircuts in the Stars’ barbershop.

The Board’s complaint for injunctive relief against the Stars is based upon Business and Professions Code section 6558. The Stars opposed the granting of a preliminary injunction upon a number of procedural and constitutional grounds. The trial court denied the preliminary injunction upon the constitutional ground the legislation providing for price fixing in the barber industry bears no reasonable relationship to the protection of the health and welfare of the people. The court declined to rule on any of the other grounds, including other constitutional grounds urged in opposition by the Stars.

Generally, a preliminary injunctive order does not reach the merits of the permanent injunctive relief sought in the complaint. The court, at this stage, balances the equities of the parties and determines whether the defendants should be restrained from exercising the right claimed by them pending a trial on the merits. The general purpose is to preserve the status quo until the merits of the action are determined. The court considers who will bear the greater injury should the preliminary injunction be granted and whether a reasonable probability exists the plaintiff will prevail.

(Continental Baking Co.

v.

Katz,

68 Cal.2d 512, 528 [67 Cal.Rptr. 761, 439 P.2d 889].)

The status quo in this case was the Stars were operating a barbershop and charging considerably less for cutting hair than the minimum price schedule set by the Board.

Implicit in the trial court’s ruling barbershop price fixing is unconstitutional is the reasonable probability the Board might not prevail in a trial. Probability rather than certainty of ultimate success is appropriately included in the court’s considerations at this stage of the proceedings.

[739]