People v. Mobile Magic Sales, Inc

In People v. Mobile Magic Sales, Inc. (1979) 96 Cal.App.3d 1, the trial court entered a preliminary injunction requiring, among other things, that the defendants remove their model mobilehomes from a mobilehome park because the display of the models there violated a statute. The defendants challenged the injunction on the ground it was mandatory in nature and had to await determination at trial. (Mobile Magic, supra, 96 Cal.App.3d at pp. 7, 12-13.) The court concluded: "While the act of removal is an affirmative act, it is incidental to the injunction's prohibitive objective to restrain further violation of a valid statutory provision. Thus, this provision of the preliminary injunction is prohibitive in character and properly issued to halt continuing violation of the Vehicle Code." (Id. at p. 13.) Consequently, the trial court had not abused its discretion by granting the preliminary injunction. (Ibid.)