28 Cited authorities

  1. Amoco Production Co. v. Gambell

    480 U.S. 531 (1987)   Cited 2,121 times   1 Legal Analyses
    Holding that a District Court did not err in declining to issue an injunction to bar exploratory drilling on Alaskan public lands, because the district court's decision "did not undermine" the policy of the Alaska National Interest Lands Conservation Act, 16 U.S.C. § 3120, and because the Secretary of the Interior had other means of meaningfully complying with the statute
  2. Jones v. Flowers

    547 U.S. 220 (2006)   Cited 963 times   2 Legal Analyses
    Holding that the State was not required to search the phone book or other government records in order to find taxpayer's new address because such searches impose "burdens on the State significantly greater than the several relatively easy options" otherwise available
  3. Weinberger v. Romero-Barcelo

    456 U.S. 305 (1982)   Cited 1,797 times   4 Legal Analyses
    Holding that Federal Water Pollution Control Act did not mandate injunctions against its violation
  4. Oiye v. Fox

    211 Cal.App.4th 1036 (Cal. Ct. App. 2012)   Cited 118 times   2 Legal Analyses
    Finding "no deprivation of due process" where defendant "remain[ed] silent in the face of ongoing criminal proceedings rather than filing his own declaration in opposition to plaintiff's request for a preliminary injunction," noting that "defendant remained free to present other evidence to contradict plaintiff's declaration of molestation"
  5. Continental Baking Co. v. Katz

    68 Cal.2d 512 (Cal. 1968)   Cited 311 times   1 Legal Analyses
    In Continental Baking, this court explained the theory behind this two-pronged test: "`[By] balancing the respective equities of the parties, [the court] concludes that, pending a trial on the merits, the defendant should or that he should not be restrained from exercising the right claimed by him.'"
  6. Lubben v. Selective Serv. Sys. L. Bd. No. 27

    453 F.2d 645 (1st Cir. 1972)   Cited 251 times
    Holding that misinterpretation of jurisdictional requirements of statute do not make district court's order void or vulnerable to attack under Rule 60(b)
  7. O'Connell v. Superior Court

    141 Cal.App.4th 1452 (Cal. Ct. App. 2006)   Cited 60 times
    Finding claimed injury was not irreparable because plaintiff, who was aware at the beginning of school year that thousands of students were at risk of being denied diplomas, delayed in bringing preliminary injunction until school year was almost over
  8. Jordon v. Gilligan

    500 F.2d 701 (6th Cir. 1974)   Cited 124 times
    Noting that appellate court dicta has persuasive precedential effect only
  9. Heckmann v. Ahmanson

    168 Cal.App.3d 119 (Cal. Ct. App. 1985)   Cited 81 times
    Recognizing the availability of a constructive trust to prevent dissipation of assets
  10. Adoption of B.C.

    195 Cal.App.4th 913 (Cal. Ct. App. 2011)   Cited 12 times

    No. E051664. May 19, 2011. [CERTIFIED FOR PARTIAL PUBLICATION] Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part II. Appeal from the Superior Court of San Bernardino County, No. RARS01363, Michael J. Torchia, Temporary Judge. Pursuant to California Constitution, article VI, section 21. Law Offices of Miles Hatcher and Cornell L. Hatcher for Defendant and Appellant. Torrence L. Howell for Plaintiffs and Respondents

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  12. Section 337 - Contract, obligation or liability founded upon written instrument; book account; rescission of contract

    Cal. Code Civ. Proc. § 337   Cited 1,695 times   5 Legal Analyses
    Governing rescissions of written contracts
  13. Section 526 - Cases in which injunction granted; cases in which injunction not granted

    Cal. Code Civ. Proc. § 526   Cited 460 times
    Providing an exception for a personal services contract not germane here
  14. Section 135 - Willful destruction or concealment of evidence

    Cal. Pen. Code § 135   Cited 220 times
    Prohibiting “knowing that any book, paper, record, instrument in writing, digital image, video recording owned by another, or other matter or thing, is about to be produced in evidence upon a trial, inquiry, or investigation, authorized by law, willfully destroy[ing], eras[ing], or conceal[ing] the same, with the intent to prevent it or its content from being produced ....”
  15. Section 8 - Proceedings commenced and rights accrued before effective date

    Cal. Code Civ. Proc. § 8   Cited 120 times
    Stating that a pleading shall contain a "short and plain statement of the claim showing that the pleader is entitled to relief"
  16. Section 413.10 - Generally

    Cal. Code Civ. Proc. § 413.10   Cited 109 times
    Listing proper methods of service under California law on a person outside the United States
  17. Section 6200 - Stealing, destroying, removing, etc. records or papers

    Cal. Gov. Code § 6200   Cited 57 times
    Destroying or secreting radio logs
  18. Section 953 - Repealed

    12 U.S.C. § 953

    12 U.S.C. § 953 Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 643 Section, act July 17, 1916, ch. 245, title I, §28, 39 Stat. 381, related to salaries of Farm credit examiners.