In re Ward

In In re Ward (1978) 82 Cal.App.3d 981, defendants argued that a preliminary injunction operated as an unconstitutional prior restraint because there was no guarantee that a final determination on the issue of obscenity would promptly follow the preliminary restraint. The court turned aside the argument holding that the following provisions of Code of Civil Procedure section 527, subdivision (a), did assure a prompt final judicial determination prior to the imposition of a final restraint: "'An injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor . . . . When the cause is at issue it shall be set for trial at the earliest possible date and shall take precedence of all other cases, except older matters of the same character, and matters to which special precedence may be given by law.'" ( In re Ward, supra, 82 Cal.App.3d 981, 987.) The court thus concluded that state procedures provided a "statutory imperative, . . . requiring that matters wherein a preliminary injunction has been granted be given the highest priority for final determination." (Id.)