Rose II v. FGH CA2/6

Good Law
Court of Appeal of CaliforniaMay 31, 2023B321538California2,038 words

Opinion

Opinion

Baltodano, J.

DISCUSSION

Preliminary injunction A preliminary injunction preserves the status quo pending a determination on the merits of the action. (People v. Uber Technologies, Inc. (2020) 56 Cal.App.5th 266, 283.) The status

2 quo “ ‘ “has been defined to mean ‘the last actual peaceable, uncontested status which preceded the pending controversy.’ ” [Citation.]’ ” (14859 Moorpark Homeowner’s Assn. v. VRT Corp. (1998) 63 Cal.App.4th 1396, 1408.) “In determining the propriety of preliminary relief, neither the trial court nor an appellate court may undertake a final adjudication of the lawsuit.” (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999.) “In deciding whether to issue a preliminary injunction, a court must weigh two ‘interrelated’ factors: (1) the likelihood that the moving party will ultimately prevail on the merits and (2) the relative interim harm to the parties from issuance or nonissuance of the injunction.” (Butt v. State of California (1992) 4 Cal.4th 668, 677-678.) Issuance of a preliminary injunction requires a showing of “a reasonable probability that plaintiff will be successful in the assertion of his rights.” (Continental Baking Co. v. Katz (1968) 68 Cal.2d 512, 528.)…

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