California Court of Appeal

Judgment for plaintiff for damages incurred as a result of a preliminary injunction obtained to enforce a zoning ordinance prohibiting operation of an adult cabaret is affirmed over claims that: 1) damages are available for a wrongfully issued preliminary injunction only if a bond has been posted or if the party wrongfully enjoined prevails in a separate action for malicious prosecution; 2) award of damages is not supported by substantial evidence because there was no factual basis for separating legal profits from profits derived from prostitution; and 3) because a large portion of plaintiff's profits are from activities in violation of a city ordinance, the court erred in excluding any evidence concerning the ordinance.

Appellate Information

• Decided 05/11/2006
• Published 05/11/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Arias, Lockwood & Gray, Arias Aaen, Joseph Arias, Riverside, Christopher D. Lockwood and Laura Tall Liu, San Bernardino, for Cross-defendant and Appellant., Roger Jon Diamond, for Cross-complainant and Respondent.