What is a preliminary injunction in civil litigation?
A preliminary injunction is a type of court order made during the process of civil litigation in California. It is a temporary court order issued by a judge that tells both parties to the lawsuit to stop doing something or to start doing something until the court can make a final ruling in the case. A Preliminary injunction is requested when a plaintiff believes that a defendant is causing irreparable harm, meaning harm that cannot be undone, and that the harm may worsen if the order is not granted. The preliminary injunction, if granted, requires the defendant to stop doing whatever is causing the harm until the court makes a final ruling in the case. In California, if the plaintiff seeking the preliminary injunction can prove that issuing the injunction would be in the best interests of both parties, then the injunction will be granted. However, if the defendant can prove that the plaintiff will suffer more harm than benefit from the injunction, then the court will not grant the injunction. When a preliminary injunction is granted, the court will set a hearing on the matter during which both parties can present their arguments and evidence. After listening to both sides, the court will then make a decision whether to continue the injunction or to dissolve it.
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