This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.
Complaint Injunctive Form With 2 Points In Sacramento
Category:
State:
Multi-State
County:
Sacramento
Control #:
US-000302
Format:
Word;
Rich Text
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FAQ
Generally speaking, there are two kinds of relief available through an injunction: prohibitory and mandatory.
Requests for mandatory injunctions are only granted if the facts are clearly favorable toward the moving party. When a court decides to issue a mandatory injunction, the injunction must be least oppressive while still protecting the plaintiff's rights.
State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct.
Here are some of the most common examples: Theft of Clients: If a former employee poaches a company's clients, the innocent party may try to stop the former client from causing further damage. While the severity of this penalty depends on a few variables, a TRO can put client theft to a necessary stop.
Legal Standards: To obtain a preliminary injunction, the requesting party must demonstrate: The likelihood of success on the merits of the case. That irreparable harm is likely to occur if the injunction is not granted. The balance of harms weighs in favor of the injunction being issued.
To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance ...
Second, the preliminary injunction analysis requires considering the plaintiff's reasonable likelihood of success on the merits, whereas a permanent injunction is not even being considered until the plaintiff has won.
You can also contact the courthouse directly where you wish to file an injunction to ask if they have a form for you to use, or if you have to draft your own injunction. Court have some forms for people to use, but there are several court filings that a form is not provided for.
More info
This guide includes a template complaint with cause of action for injunction. It will not fit your circumstances exactly and must be customized.You can find these court forms and more information at the California Courts. Complaint and Request for Injunction. Download. 1. Complaint submitted with this Motion be deemed filed. 2. The Motion is made pursuant to California Code of Civil Procedure section 473(a)(1) and. Complaint submitted with this Motion be deemed filed. 2. The Motion is made pursuant to California Code of Civil Procedure section 473(a)(1) and. The County will consider the merits of the actual claim only if the "Application for Leave to Present a Late Claim" has been accepted. Completing the Claim Form.