People ex rel. Dept. Ind. Rel. v. Morehouse

In People ex rel. Dept. Ind. Rel. v. Morehouse (1946) 74 Cal.App.2d 870, the trial court issued a preliminary injunction enjoining the defendants from maintaining a nuisance on the premises of their apartment building. (Morehouse, supra, 74 Cal.App.2d 871-872.) The injunction also ordered the defendants to make certain repairs and improvements to the building. (Id. at p. 872.) The court rejected the defendants' argument that this was a mandatory injunction, and mandatory injunctions are only granted "'in a peculiar class of extreme cases.'" (Id. at p. 875.) The injunction did not try to compel the defendants to do any specific act other than cease violating the law in the operation of their premises; the defendants could have ceased violating the law by terminating the occupancy of any portion of the premises. (Ibid.) Additionally, the court noted the trial court found this was an extreme case. (Ibid.)