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Injunctive Relief

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Goals for Autism v. Rosas (2021)

CCP 527.8(o) allows a respondent in a workplace harassment injunction action one mandatory continuance in which to respond to the petition.  This decision holds that when the respondent has already filed a written response to the petition, 527.8(o) is inapplicable, and the respondent is not entitled to a continuance of the injunction hearing absent a showing of good cause under… Read More

CIC Services, LLC v. IRS (2021)

This decision holds that the Anti-Injunction Act (28 USC 2283) does not bar a suit to enjoin the IRS from enforcing its regulation which requires tax payers and their material advisors from filing an informational notice about micro-captive insurance programs which the IRS thinks are often used to dodge taxes without actually providing insurance.  The informational notice is not a… Read More

Midway Venture LLC v. County of San Diego (2021)

This decision reverses a preliminary injunction against the county's implementation of COVID-19 health protocols that shut down restaurants, and particularly, those like plaintiff's restaurant that provided nude or semi-nude adult entertainment with their restaurant services.  The preliminary injunction violated due process in banning all restrictions on restaurants generally, when the complaint and preliminary injunction papers were limited to First Amendment… Read More

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