What is a Motion to Dissolve Preliminary Injunction?

“[A] preliminary injunction is an order that is sought by a plaintiff prior to a full adjudication of the merits of its claim.” (White v. Davis (2003) 30 Cal.4th 528, 554.) It requires a person to refrain from a particular act; it may be granted by the court in which the action is brought, or by a judge thereof; and when granted by a judge, it may be enforced as an order of the court. (Code of Civ. Proc., § 525; Comfort v. Comfort, (1941) 17 Cal.2d 736, 741.)

“[A]n order granting or denying a preliminary injunction does not amount to an adjudication of the ultimate rights in controversy. Its purpose is to preserve the status quo until the merits of the action can be determined.” (Socialist Workers etc. Committee v. Brown (1975) 53 Cal.App.3d 879, 890-91.) The status quo has been defined to mean the last actual peaceable, uncontested status which preceded the pending controversy. (14859 Moorpark Homeowner’s Assn. v. VRT Corp. (1998) 63 Cal.App.4th 1396. 1402.)

Legal Standard

In any action, the court may on notice modify or dissolve an injunction or temporary restraining order upon a showing that there has been a material change in the facts upon which the injunction or temporary restraining order was granted, that the law upon which the injunction or temporary restraining order was granted has changed, or that the ends of justice would be served by the modification or dissolution of the injunction or temporary restraining order. (Code of Civ. Proc., § 533; Luckett v. Panos (2008) 161 Cal.App.4th 77, 85.)

Burden of Proof

The restrained party has the burden of showing by a preponderance of the evidence that one of these circumstances is present and justifies a termination of the injunction. (Loeffler v. Medina (2009) 174 Cal.App.4th 1495, 1504.) The trial court may determine that the changed circumstances alleged by the restrained party are not material and, therefore, do not present a reason for terminating the injunction. (Id. at 1506.)

Ultimately, “granting, denying, dissolving, or refusing to dissolve a permanent or preliminary injunction rests in the sound discretion of the trial court upon a consideration of all the particular circumstances of each individual case.” (Prof'l Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 562.) Although the court has broad discretion, it “must exercise its discretion ‘in favor of the party most likely to be injured.’” (Robbins v. Super. Ct. (1985) 38 Cal.3d 199, 205.) The ultimate goal is to minimize the harm which an erroneous interim decision may cause. (American Credit Indemnity Co. v. Sacks (1989) 213 Cal.App.3d 622, 637.)

Useful Resources for Motion to Dissolve Preliminary Injunction

Recent Documents on Motion to Dissolve Preliminary Injunction

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Motion (Pre-Disposition) 01/13/2021 - Final Approval Hearing on Class Ac...

Superior Court of California County of Kern Bakersfield Department 17 Hearing Date: 01/13/2021 Time: 8:30 AM - 12:00 PM ABU-DAYYEH VS GUIDANCE RESIDENTIAL,LLC

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LESLIE A. ROMEO, ESQ. (State Bar No.: 309746) RAFFALOW, BRETOI, LUTZ & STELE Attorneys at Law 104 Woodmere Road Folsom, CA 95630 (916) 294-3560 E-Service Address: [email protected] Attorney for: Defendant, NACHELLE LOUISE GREGORY Our File No.: 20-112324-137 SU

FIRST REPORT IN SUPPORT OF EX PARTE PETITION FOR ORDER APPROVING FIRST R...

1 Michael S. Pecherer, Esq. (SBN 047053) 24 Rio Vista 2 Orinda, CA 94563 3 Tel: Office: 925-386-0943/Cell: 925-518-7076 Email: [email protected] 4 Referee in Partition 5 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF SAN FRANCISCO 8

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 20CR 04012 vs. 8:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 19CR 02721 vs. 8:30 AM Pre Preliminary

Notice of Motion & Motion TO COMPEL SPECIAL INTERROGATORIES - Motion to ...

LESLIE A. ROMEO, ESQ. (State Bar No.: 309746) RAFFALOW, BRETOI, LUTZ & STELE Attorneys at Law 104 Woodmere Road Folsom, CA 95630 (916) 294-3560 E-Service Address: [email protected] Attorney for: Defendant, NACHELLE LOUISE GREGORY Our File No.: 20-112324-137 SU

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 20CR 04522 vs. 8:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 20CR 05888 vs. 8:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 20CR 05046 vs. 8:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California 21CR 00413 vs. 9:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 20CR 04949 vs. 8:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 20CR 01723 vs. 8:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California 20CR 01654 vs. 9:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California 20CR 06296 vs. 9:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 20CR 02458 vs. 8:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 20CR 01488 vs. 8:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 20CR 00273 vs. 8:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California 20CR 02747 vs. 9:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California 20CR 06590 vs. 9:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California 21CR 00434 vs. 9:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 20CR 05243 vs. 8:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

uperior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 21CR 00040 vs. 8:30 AM Pre Preliminary

Criminal: Minute Order - Pre-Preliminary

Superior Court of California, County of Merced MINUTE ORDERS People of the State of California, Plaintiff(s) 20CR 05905 vs. 8:30 AM Pre Preliminary

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