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.
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.
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A declaratory judgment does not by itself order any action by a party, or imply damages or an injunction, although it may be accompanied by one or more other remedies. A declaratory judgment is generally distinguished from an advisory opinion because the latter does not resolve an actual case or controversy.
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 ...
?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.
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.
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.
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.