Moon
(PC) Salcido v. Moon
Opinion
Trial Court Opinion
DISCUSSION
23 A party requesting preliminary injunctive relief must show that “he is likely to succeed on 24 the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the 25 balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v. 26 Natural Res. Def. Council, 555 U.S. 7, 20 (2008). Alternatively, under the so-called sliding scale 27 approach, as long as the plaintiff demonstrates the requisite likelihood of irreparable harm and 28 can show that an injunction is in the public interest, a preliminary injunction may issue so long as serious questions going to the merits of the case are raised and the balance of hardships tips sharply in plaintiff's favor. Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131-36 (9th Cir. 2011) (concluding that the “serious questions” version of the sliding scale test for preliminary injunctions remains viable after Winter). Preliminary injunctive relief is an “extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.” Winter, 555 U.S. at 22. An injunction against…