Injunctive Relief Without Security In Sacramento
Description
Form popularity
FAQ
Any person interested under a written instrument, excluding a will or a trust, or under a contract, or who desires a declaration of his or her rights or duties with respect to another, or in respect to, in, over or upon property, or with respect to the location of the natural channel of a watercourse, may, in cases of ...
Injunctive relief, also known as an injunction , is a court-ordered remedy which restricts a party from committing specific actions or requires a party to complete specific actions.
Generally, injunctive relief is only available when there is no other adequate remedy available and irreparable harm will result if the relief is not granted.
The injunctive relief clause is a contractual provision that allows a party to seek a court-ordered injunction to prevent the other party from engaging in specific actions that could cause irreparable harm.
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.
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.
Injunctions remain widely used to require government officials to comply with the Constitution, and they are also frequently used in private law disputes about intellectual property, real property, and contracts.
There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.
(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.
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 ...
