Chi Chi Beignet v. Khan CA1/4
This dispute is between two commercial tenants in a trilevel building in the heart of San Francisco’s theatre district. Defendants operate a ground floor fast-food restaurant directly above plaintiff’s basement level nightclub. After sewage and other waste flooded into the nightclub, plaintiff sued defendants and sought temporary injunctive relief. The trial court initially denied the motion but later granted plaintiff’s request for reconsideration and issued a preliminary injunction prohibiting defendants from using their on-premises plumbing and leaking appliances until repairs are made. On appeal, defendants first contend the trial court erroneously granted plaintiff’s motion for reconsideration. Second, defendants claim the trial court abused its discretion in issuing the preliminary injunction because plaintiff was not likely to prevail and the balance of harms favored defendants rather than plaintiff. Finding no error, we affirm.
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