Injunction to Prevent Exercise of a Public Office In a Lawful Manner
An injunction cannot be granted to prevent the exercise of a public office "in a lawful manner, by the person in possession." (Code Civ. Proc., 526, subd. (b)(6).)
The rules were established by persons in possession of a public office with authority to do so, and they comport with applicable statutory and constitutional requirements.
Since an injunction will not lie to restrain respondents from implementing them, appellant has not stated and cannot state a claim entitling him to relief. (Code Civ. Proc., 430.10, subd. (e.)
Rule 976(b) provides that no opinion of the Court of Appeal may be published in the Official Reports unless it:
(1) establishes a new rule of law, applies an existing rule to a set of facts significantly different from those stated in published opinions, or modifies, or criticizes with reasons given, an existing rule;
(2) resolves or creates an apparent conflict in the law;
(3) involves a legal issue of continuing public interest;
(4) makes a significant contribution to legal literature by reviewing either the development of a common law rule or the legislative or judicial history of a provision of a constitution, statute, or other written law".
Rule 976(c) provides that a Court of Appeal opinion shall not be published unless a majority of the court rendering the opinion certifies that it meets one of the standards of rule 976(b).
It further provides that a Court of Appeal "opinion certified for publication shall not be published, and an opinion not so certified shall be published, on an order of the Supreme Court to that effect."
An opinion that is not certified for publication cannot subsequently be cited as legal authority or precedent, except as relevant to the doctrines of law of the case, res judicata, or collateral estoppel, or as relevant to a criminal or disciplinary action because the opinion states reasons for a decision that affects the same defendant or respondent in another action. (Rule 977).
Rule 978 sets forth the procedure for requesting publication of a Court of Appeal opinion not certified for publication by that court.
If the Court of Appeal does not honor the request, rule 978 obligates the Supreme Court to then rule on the request. Rule 979 sets forth a similar scheme pertinent to depublication.