City of Oakland v. Superior Court

California Court of Appeal Oct 15, 1982 No. A018955Published

Before: Poche

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Holding. A preliminary injunction dissolved by a judgment of dismissal is not automatically reinstated upon reversal of that judgment; rather, the trial court must hold an evidentiary hearing to determine if changed circumstances warrant modification or dissolution.

Issues

Whether a preliminary injunction dissolved by a judgment of dismissal is automatically reinstated upon the reversal of that judgment.
Whether the trial court must hold an evidentiary hearing to determine if changed circumstances warrant modification of a preliminary injunction upon remand.

Disposition. remanded

Quotations verified verbatim against the opinion

“When such a judgment is reversed, as was done here by the California Supreme Court, the plaintiff is entitled to the protection it had earlier secured by preliminary injunction.”

“However, the preliminary injunction could not be reinstated automatically.”

“No evidentiary hearing was held. One was required to determine whether and to what extent—if at all—circumstances have changed since the granting of the preliminary injunction on April 17, 1980.”

Opinion

POCHÉ, J.

The City of Oakland (City) petitions this court for writ of mandate to require respondent court to reinstate a preliminary injunction dated April 17, 1980, which prohibited the Oakland Raiders (Raiders) from moving to Los Angeles.

[568]

Procedural Background

On February 22, 1980, City commenced an action in eminent domain to acquire the property rights associated with the Raiders’ ownership of a professional football team as a franchise member of the National Football League. (See

City of Oakland

Oakland Raiders

(1982) 32 Cal.3d 60, 63 [183 Cal.Rptr. 673, 646 P.2d 835].) A temporary restraining order prohibiting transfer from Oakland was issued on that date. After an evidentiary hearing before the Alameda County Superior Court, a preliminary injunction forbidding transfer of the franchise was issued on April 17, 1980. The injunction specifically prohibited the Raiders from, inter alia, entering into an agreement with the Los Angeles Memorial Coliseum (Coliseum).

The case thereafter was removed to the Monterey County Superior Court pursuant to Code of Civil Procedure section 394.

On June 6, 1980, respondent court announced its intention: (a) to grant the Raiders’ motion for summary judgment on the ground that the football franchise was not “property” within the meaning of the Eminent Domain Law; and (b) to issue an order that the preliminary injunction would “remain in effect until Monday, June 9, 1980, at 5:00 p.m.” Thereafter on June 16, 1980, a judgment of dismissal was filed from which City timely appealed.

On June 21, 1982, the California Supreme Court filed its opinion reversing the judgment of dismissal and remanding the matter for further proceedings.

(City of Oakland

Oakland Raiders, supra,

City of Oakland v. Superior Court

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