This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Alabama Complaint For Declaratory Judgment, Temporary Restraining Order, Preliminary and Permanent Injunction From Enforcement Of County Hog farming Ordinances
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Interrogatories may be served with plaintiff's complaint, or served shortly thereafter, in either event the defendant does not have to answer or object any sooner than 45 days from service of the summons and complaint. Generally, responses or objections are due in 30 days.
Rule 65(b) does provide for injunctive relief without notice to the adverse party. This relief, known as a temporary restraining order, can be ed without notice provided that the verified facts of the complaint clearly justify plaintiff's apprehension about the threat of irreparable injury.
526. (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.
?Injunctive relief is a remedy, not a cause of action. [Citations.] A cause of action must exist before a court may grant a request for injunctive relief.? (Allen v. City of Sacramento (2015) 234 Cal.
Basically, injunctive relief means a court will issue an order for the defendant to stop committing one or more specified actions. In appropriate cases, injunctive relief can be sought at trial in addition to money damages.
Injunctive relief may be mandatory (requiring a person to do something) or prohibitory (stopping them doing something). (Code Civ. Proc § 525.) Parties who violate an injunction face civil or criminal contempt of court proceedings and may be ordered to pay damages or sanctions for failing to follow the court's order.
It is well established that, to determine whether an injunction is ?just and proper,? courts apply the ?familiar set of four equitable factors: the movant's likelihood of success on the merits; the possibility of irreparable injury to the moving party; the extent to which the balance of hardships favors each party; and ...