What is a motion for a preliminary injunction?

A motion for a preliminary injunction is a type of legal remedy in California civil procedure. It is a court order issued by a judge that requires a party to either stop doing something or start doing something. In other words, it commands a party to either do something or refrain from doing something. A motion for a preliminary injunction is used to prevent a serious harm that might occur to a party before their case is fully decided. For example, if a company is infringing on someone’s patent, the parties may seek a preliminary injunction to prevent further infringement before the case is decided. In California, a preliminary injunction must meet certain criteria. The party seeking the injunction must show that they are likely to succeed on the merits of the case; that they will suffer irreparable harm if the injunction isn’t issued; that the balance of harms favors the party requesting the injunction; and that the injunction is in the public interest. Additionally, the party must provide a bond to the court in the amount of any damages the other party may suffer if the injunction is later determined to be unnecessary or unjustified. In short, a motion for a preliminary injunction is a type of court order issued in a civil case in California to prevent a party from suffering irreparable harm while their legal case is pending.

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