Is a judge of the credibility of the affidavits filed in support of the application for a preliminary injunction?

California, United States of America


The following excerpt is from McGill v. Webb, A158900 (Cal. App. 2020):

This argument has no merit. " '[T]he trial court is the judge of the credibility of the affidavits filed in support of the application for preliminary injunction and it is that court's province to resolve conflicts.' [Citation.] Our task is to ensure that the trial court's factual determinations . . . are supported by substantial evidence. [Citation.] Thus, we interpret the facts in the light most favorable to the prevailing party and indulge in all reasonable inferences in support of the trial court's order." (Shoemaker v. County of Los Angeles, supra, 37 Cal.App.4th at p. 625.)

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