Sunnyvale California Order Granting Preliminary Injunction

State:
California
City:
Sunnyvale
Control #:
CA-5067-KL
Format:
Word; 
Rich Text
Instant download

Description

This form is an Order Granting a Preliminary Injunction. Plaintiff seeks to have a preliminary injunction issued against defendant for the commission of certain acts. The form provides that the court will only grant the order if plaintiff files a written undertaking to indemnify defendant for any damages defendant may sustain if the court determines that plaintiff is not entitled to the injunction.


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FAQ

Anyone wanting the benefit of an injunction must prepare an affidavit detailing evidence supporting their claim. It must attach all relevant documents, and outline the facts and circumstances leading up to the application for injunction. A court will not grant an injunction without a thorough affidavit.

To issue an injunction, the court MUST have personal jurisdiction over the defendant. Equity courts enforce injunctions by holding a noncomplying party in contempt. The punishment imposed for contempt may be a fine or imprisonment or both.

Preliminary and permanent injunctions are issued based on evidence that is presented by a plaintiff in a civil case. An example of a preliminary injunction might be when a married couple owns a business and is going through a divorce. Perhaps there is a dispute as to who owns or controls the business and its assets.

When determining whether to grant preliminary injunctions, judges consider the extent of the irreparable harm, each party's likelihood of prevailing at trial, and any other public or private interests implicated by the injunction. Parties may appeal the judge's decisions on whether to award a preliminary injunction.

A party requesting a preliminary injunction may give notice of the request to the opposing or responding party either by serving a noticed motion under Code of Civil Procedure section 1005 or by obtaining and serving an order to show cause (OSC).

1.3 In any other case any judge who has jurisdiction to conduct the trial of the action has the power to grant an injunction in that action. 1.4 A Master or District Judge has the power to vary or discharge an injunction granted by any Judge with the consent of all the parties.

You can download a skeletal complaint with cause of action for injunction from our website (saclaw.org/complaint-injunctive-relief). The Complaint gets the case started. However, you must also file a Motion with the court to get the injunction.

Your application needs to be made at your local family court, quite quickly following the last incident of abuse, so that you are protected as soon as possible. An injunction is a court order that requires someone to do or not do something. The name given to the type of injunction you need is a non-molestation order.

To obtain a preliminary injunction, a plaintiff must establish that (1) he is likely to succeed on the merits, (2) he is likely to suffer irreparable harm in the absence of preliminary relief, (3) the balance of equities tips in his favor, and (4) an injunction is in the public interest.? Winter v.

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Sunnyvale California Order Granting Preliminary Injunction