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(11) A plaintiff seeking a preliminary injunction bears the burden of presenting facts which show a reasonable probability that he will succeed on the merits. See Fleishman v. Super. Ct., 102 Cal.
An injunction is a court order requiring a person to do or cease doing a specific action. 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 preliminary injunction is granted at any stage of an action or proceeding prior to the judgment or final order. It persists until it is dissolved or until the termination of the action without the court issuing a final injunction.
What are the elements of a preliminary injunction? Substantial likelihood of success on the merits. Parties seeking the injunction need to show that they are likely to win their case. ... Irreparable harm. ... Balancing the equities. ... Public interest.
The Supreme Court of Virginia has also allowed a pre- liminary injunction without a showing that the plaintiff was likely to succeed on the merits, provided the plaintiff demonstrated a ?prima facie case.? Whether that showing must be a ?fair? prima facie case or ?strong? prima case will require further development.