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Preliminary injunction in a real property dispute in California

A preliminary injunction in a real property dispute in California is the topic of this blog post. The statutory authorization for preliminary injunctions as well as certain temporary restraining orders is found in Code of Civil Procedure section 527. In addition California Rule of Court 3.1150 also governs preliminary injunctions and California Rules of Court 3.1200 through 3.1207 govern ex-parte notices.

Requesting a preliminary injunction can be made using a regular notice motion but is almost always made through the ex-parte application procedure. Note that in requesting a preliminary injunction and temporary restraining order (TRO) by ex-parte application a party must show by competent evidence the great and irreparable harm that will result if a TRO is not issued and an order to show cause why a preliminary injunction should not issue is also not granted.

The purpose of a preliminary injunction in a real property dispute is to preserve the status quo pending final resolution of the issues involved at the trial. In ruling on the request for a preliminary injunction the trial court will determine the likelihood that the plaintiff will prevail on the merits and the trial, and the harm the plaintiff will suffer if the requested relief is not granted as compared with the harm the plaintiff would suffer if the preliminary injunction is issued.

Injunctive relief is readily granted in California when an interest in real property is involved. This is due to the fact that real property is deemed unique by California law and injury or loss cannot be compensated in damages. See Civil Code § 3387; Korean Philadelphia Presbyterian Church v. California Presbytery, (2000) 77 Cal.App.4th 1069, 1084.

If the plaintiff requesting a preliminary injunction can demonstrate a reasonable probability of success on the merits of their claims a preliminary injunction must issue.

Parties considering requesting a preliminary injunction and temporary restraining order should make sure that they do not delay in making their application and should be sure to include enough competent evidence in the supporting declarations to support their application.

Attorneys or parties in California who would like to view a portion of a sample ex-parte application for a temporary restraining order and order to show cause why a preliminary injunction should not issue sold by the author can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

To view over 300 sample legal documents for sale by the author of this blog post visit the View over 300 sample legal documents for sale

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You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

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