California Court of Appeal

Preliminary injunction restraining defendants from denying diplomas to graduating public high school students, who had not passed both portions of the California high school exit exam but were otherwise eligible to graduate, is vacated where the trial court: 1) abused its discretion in the manner in which it balanced the factors required to decide the preliminary injunction, and in concluding that the injunction was necessary in order to maintain the status quo; and 2) exceeded its authority in imposing the remedy, which was otherwise overbroad in its scope. The court properly determined that plaintiffs were likely to prevail on their primary equal protection claim.

Appellate Information

• Decided 08/11/2006
• Published 08/11/2006

Judges

• RUVOLO, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Allan Zaremberg, Sacramento, for California Chamber of Commerce, California Business Roundtable, and California Business for Education Excellence, as Amici Curiae for Petitioners., Raneene Rae Belisle, Los Angeles, for Las Familias del Pueblo, as Amicus Curiae for Petitioners., Morrison & Foerster and Arturo J. González, Shane Brun, Vanina Sucharitkul, Chris J. Young, San Francisco, and Johanna Hartwig, Counsel for Real Parties in Interest (Plaintiffs below)., Public Advocates, Inc. and John Affeldt, Jenny Pearlman, and Tara Kini, San Francisco, for Campaign for Quality Education, Asian/Pacific Islander Youth Promoting Advocacy and Leadership (AYPAL), California Association of Community Organizations for Reform Now (CA-ACORN), Californians for Justice, California Tomorrow, Coalition for Educational Justice, Community Asset Development Redefining Education (CADRE), Justice Matters, Parents for Unity, United Teachers Los Angeles, Youth in Focus, and Youth Together, as Amici Curiae for Real Parties in Interest., Melissa W. Kasnitz, Berkeley, for Disability Rights Advocates, as Amicus Curiae for Real Parties in Interest.


• For Appellees:
  
• Bill Lockyer, Attorney General of the State of California, James M. Humes, Chief Assistant Attorney General, Manuel M. Medeiros, Solicitor General, Thomas R. Yanger, Senior Assistant Attorney General, Douglas M. Press, Supervising Deputy Attorney General, Kara Read-Spangler, Hadara R. Stanton, Karin S. Schwartz, Deputy Attorneys General, Counsel for Petitioners:  (Defendants below).