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Permanent Injunction Without Possession In California
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An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.
Preliminary injunctions and bonds. A party requesting a preliminary injunction may give notice of the request to the opposing or responding party either by serving a noticed motion under Code of Civil Procedure section 1005 or by obtaining and serving an order to show cause (OSC).
(a) A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor.
Romero-Barcelo laid out a four-step test that a plaintiff must pass to obtain a permanent injunction: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon ...
Application of rules. The rules in this division govern applications in the trial court for an initial waiver of court fees and costs because of the applicant's financial condition.
While a preliminary injunction may restrict the same behavior as a TRO, it remains in force until revoked by the court. The court has a higher standard for granting a preliminary injunction than a TRO.
Generally speaking, there are two kinds of relief available through an injunction: prohibitory and mandatory. A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner.
A permanent injunction is a court order requiring a person to do or cease doing a specific action that is issued as a final judgment in a case.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...