Legal Question in Business Law in California

Re: What are criteria for injunction

You must make a motion for an injunction and show that you are likely to succeed on the merits of the case.

This must be done via competent evidence and an evidentiary hearing must take place.

I would be happy to discuss this matter with you.

J. Caleb Donner

DONNER & DONNER

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Re: What are criteria for injunction

The requirements can be divided into those relating to procedure and those relating to substance.

In the procedural arena, there must be a civil lawsuit already pending or filed together with the injunction request. Usually it is easiest and quickest to file a motion for preliminary injunction along with the lawsuit. The motion is accompanied by a memorandum of supporting facts and law called 'points and authorities' and supporting evidence such as written declarations of witnesses, exhibits such as contracts, damaging correspondence from the defendants, and the like. The lawyer preparing the injunction motion obtains a hearing date from the court clerk, files the package and then serves it on all the other parties.

Depending on the court's calendar, the hearing date may be within two weeks or up to a couple months after the metion is filed. For this reason, parties sometimes must seek and employ a temporary restraining order prior to obtaining a preliminary injunction.

Substantive requirements for a motion for injunction to succeed include the following, which the court will balance against one another:

1. The court's initial opinion of the probability that the plaintiff will succeed at trial;

2. The relative harm to the parties if the injunction is or isn't granted. Slight harm to the plaintiff from the court's failure to grant the injunction is a ground to refuse the requested relief, even if the plaintiff is rather likely to win at trial;

3. Absence of a legal remedy that would prevent the harm complained of; for example, if the plaintiff could simply rescind a contract and get almost the same result, the court should deny injunctive relief.

4. The extent to which public policy is offended by the type of harm to be enjoined. Courts will enjoin election fraud more quickly than something resembling a "mere" breach of contract.

5. The relative difficulty of court supervision of the injunction, if granted.

Injunctions which order a practice to be stopped (prohibitory injunctions) are more readily granted that those which command the defendant to do something (mandatory injunctions).

If following the hearing the judge grants the injunction, the plaintiff's attorney writes up a proposed order for the judge's signature; then, the plaintiff must post an injunction bond to protect the defendant against adverse financial consequences in the event the defendant prevails at trial and can show harm from an improperly-granted injunction. There are bonding companies that specialize in civil court bonds.

Hope this helps; feel free to contact me for more assistance, but if you have a legal proceeding under way, the attorney who already represents you is the one who should advise you.

Re: What are criteria for injunction

You need to contact attorney to represent you. If corporation, representation will be required.

Re: What are criteria for injunction

You don't want to ask what the criteria are, you want to ask what kind of attorney should I get in dealing with this kind of situation. An individual who represents himself has a fool for a client. More importantly, an individual who was not schooled in the law who represents himself will lose, screw everything up so that it may be unscreable by a real attorney and has a stupid fool for a client. I hope you get the point an ice be very bluntly. If you have to ask the question you have to understand that you shouldn't be doing what you're thinking of doing. If your a.m. and attorney to second-guess the attorney or you shouldn't have higher he or she in the first place. What you're talking about is a very, did you get that very, complicated situation. You should find attorney who was well schooled in the business and professions code sections relating to unfair competition. For that you might attempt to call the local Bar Association, lawyer referral service. You don't want somebody knew you want somebody who has substantial courtroom experience in business law/litigation.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.