Froomer v. Drollinger

RICHARDS, J. pro tem.

*

Appeal from an order granting a preliminary injunction.

1

In April, 1958, plaintiffs, as lessees, entered into a fifteen-year written lease with defendants’ predecessors in interest, as lessors, of certain premises upon which plaintiffs operate a retail shoe store. Shortly after the execution of the lease, with the consent of the original lessors, plaintiffs procured a large electric advertising sign and caused it to be attached to the rear wall of the building occupied by them. Thereafter, defendants acquired the property, subject to plaintiffs’ lease, and also acquired adjacent property upon which they proposed to erect a building in such a manner that it would require the relocation of plaintiffs’ sign. Plaintiffs refused to consent to such relocation and defendants threatened to move the sign without plaintiffs’ consent. Plaintiffs thereupon filed an action to enjoin defendants from moving the sign and pursuant to application, the court granted a preliminary injunction enjoining the moving of the sign pending a trial on the merits.

While the defendants’ right to appeal from an order granting a preliminary injunction prior to final judgment on the merits is unquestioned (Code Civ. Proc., § 963, subd. 2), the scope of an appellate court’s inquiry is only to determine whether or not the trial court has abused its discretion.

(Harbor Chevrolet Corp.

v.

Machinists Local Union 1484,

173 Cal.App.2d 380, 384 [343 P.2d 640].) “ ‘It is a rule so universally followed and so often stated as to need only to be referred to that the granting, denial, dissolving or refusing to dissolve a permanent or preliminary injunction rests in the sound discretion of the trial court upon a

[789]

consideration of all the particular circumstances of each individual case.’ [Citation.] Such an order will not be modified or dissolved on appeal except for an abuse of discretion."

(Union Interchange, Inc.

v.