Injunctive Relief Without Posting Bond In Los Angeles
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Equitable relief is usually a remedy for a breach of contract or in cases of intellectual property theft. A common form of equitable relief is the canceling of a contract, which ends all terms and obligations, allowing both parties to return to their pre-contract status.
Injunctive relief in a breach of contract claim is a court-ordered legal remedy whereby the court orders a party to either do something or refrain from doing something. Injunctive relief is sought when a breach of contract threatens to cause irreparable harm that can't be adequately compensated by monetary damages.
Injunctive relief means that the discloser is able to obtain a preemptive court order preventing the information from being spread. A clause can entitle a party to apply for an injunction to prevent the other party disclosing, or continuing to disclose, the confidential information.
Some jurisdictions may require the party seeking equitable relief to post a bond or other security prior to granting such relief. The purpose of this requirement is to protect the party against which equitable relief is sought in the event it is ultimately determined that such relief was not appropriate.
The remedies of specific performance and injunction are similar, but the key difference is that while an order for specific performance orders a party to do something, an injunction orders a party not to do something. In other words, specific performance is a positive remedy whereas, an injunction is a negative remedy.
The equitable remedies are specific performance (an order directing a person to deliver to the buyer the unique thing the seller contracted to sell), injunction (an order directing a person to stop doing that which he should not do), and restitution (the return by one party of the benefit conferred on him when the ...
The California Code of Civil Procedure (CCP-527) covers both preliminary injunctions and temporary restraining orders. A party seeking a preliminary injunction or temporary restraining order may be required to post a bond, which is even more likely with a preliminary injunction.
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).
Although the test for obtaining a TRO or PI may vary slightly across jurisdictions, generally a plaintiff seeking preliminary injunctive relief must satisfy a four-factor test: (1) that he or she is likely to succeed on the merits of his claims; (2) that he or she is likely to suffer irreparable harm without ...
(a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.
