California Court of Appeal

In this case, plaintiff homeowners association obtained a preliminary injunction requiring defendant to remedy the unauthorized modification of the flooring in his upstairs condominium unit to reduce the transmission of noise to the unit below. The judgment of the superior court is affirmed, where the court did not abuse its discretion in issuing the injunction, even if the injunction was of a mandatory rather than prohibitory nature subject to heightened appellate scrutiny, as the evidence clearly supported the court’s weighing of the relative interim harm to the parties and its implied determination that plaintiff would ultimately prevail on the merits.

Appellate Information

• Decided 02/20/2015
• Published 02/20/2015

Judges

• Elia

Court

• California Court of Appeal

Counsel