potential-merit and interim-harm factors (California) · Go Syfert
← California issues

potential-merit and interim-harm factors in California

39 California opinions name it 2 courts 1992–2026 19 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (24)

CaseFollowedCited
Butt v. State of Californiagreen
cal · 1992 · cited in 35 California opinions naming this issue, 2006–2026
2 sentences

2026Gallo v. Acuna (1997) 14 Cal.4th 1090, 1109 (Acuna).) The trial court is “guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support an injunction. [Citation.]” (Butt v. State of California (1992) 4 Cal.4th 668, 678 (Butt).) A preliminary injunction, however, may 11 not issue, “regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of the claim. [Citation.]” (Ibid.) An order granting or denying a preliminary injunction

2025NO ABUSE OF DISCRETION IN DENYING PRELIMINARY INJUNCTION “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. […] ¶ The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support the injunction. … A trial court may not grant a preliminary

2235
Yu v. University of La Vernegreen
calctapp · 2011 · cited in 4 California opinions naming this issue, 2013–2015
2 sentences

2015(Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 447 ; see Yu v. University of La Verne (2011) 196 Cal.App.4th 779, 786-787 [order denying a motion for preliminary injunction should be affirmed if the trial court correctly found the moving party failed to satisfy either of the two factors].) 4 Appellate review of a trial court's order granting or denying a motion for preliminary injunction generally is "limited to whether the trial court's decision was an abuse of discretion." (Butt, supra, 4 Cal.4th at p. 678 ; see Yu v. University of La Verne, supra, 196 Cal.App.4th at pp. 786-787

2015(Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 447 ; see Yu v. University of La Verne (2011) 196 Cal.App.4th 779, 786-787 [order denying a motion for preliminary injunction should be affirmed if the trial court correctly found the moving party failed to satisfy either of the two factors].) 4 Appellate review of a trial court's order granting or denying a motion for preliminary injunction generally is "limited to whether the trial court's decision was an abuse of discretion." (Butt, supra, 4 Cal.4th at p. 678 ; see Yu v. University of La Verne, supra, 196 Cal.App.4th at pp. 786-787

44
People Ex Rel. Gallo v. Acunagreen
cal · 1997 · cited in 8 California opinions naming this issue, 2013–2026
2 sentences

2026Gallo v. Acuna (1997) 14 Cal.4th 1090, 1109 (Acuna).) The trial court is “guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support an injunction. [Citation.]” (Butt v. State of California (1992) 4 Cal.4th 668, 678 (Butt).) A preliminary injunction, however, may 11 not issue, “regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of the claim. [Citation.]” (Ibid.) An order granting or denying a preliminary injunction

2026Gallo v. Acuna (1997) 14 Cal.4th 1090, 1109 (Acuna).) The trial court is “guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support an injunction. [Citation.]” (Butt v. State of California (1992) 4 Cal.4th 668, 678 (Butt).) A preliminary injunction, however, may 11 not issue, “regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of the claim. [Citation.]” (Ibid.) An order granting or denying a preliminary injunction

38
IT Corp. v. County of Imperialgreen
cal · 1983 · cited in 8 California opinions naming this issue, 2013–2023
2 sentences

2015The second is the interim harm that the plaintiff is likely to sustain if the injunction were denied compared to the harm that the defendant is likely to suffer if the preliminary injunction were issued." (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69-70 .) "The ultimate goal of any test to be used in deciding whether a preliminary injunction should issue is to minimize the harm which an erroneous interim decision may cause." (Id. at p. 73.) "The trial court's determination must be guided by a 'mix' of the potential merit and interim-harm factors; the greater the plaintiff's showing o

2013The second is the interim harm that the plaintiff is likely to sustain if the injunction were denied as compared to the harm that the defendant is likely to suffer if the preliminary injunction were issued. [Citations.]” (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63 , 69–70.) “The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support an injunction. [Citation.]” (Butt v. State of California (1992) 4 Cal.4th 668, 678 .) Nonetheless, “[a] trial court ma

38
Continental Baking Co. v. Katzgreen
cal · 1968 · cited in 3 California opinions naming this issue, 2023–2026
2 sentences

2026Gallo v. Acuna (1997) 14 Cal.4th 1090, 1109 (Acuna).) The trial court is “guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support an injunction. [Citation.]” (Butt v. State of California (1992) 4 Cal.4th 668, 678 (Butt).) A preliminary injunction, however, may 11 not issue, “regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of the claim. [Citation.]” (Ibid.) An order granting or denying a preliminary injunction

2025Gallo v. Acuna (1997) 14 Cal.4th 1090, 1109 (Acuna).) The trial court is “guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support an injunction. [Citation.]” (Butt v. State of California (1992) 4 Cal.4th 668, 678 (Butt).) A preliminary injunction, however, may 9 not issue, “regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of the claim. [Citation.]” (Ibid.) An order granting or denying a preliminary injunction

33
Common Cause v. Board of Supervisorsgreen
cal · 1989 · cited in 6 California opinions naming this issue, 1992–2022
2 sentences

2022A. Applicable Law and Standard of Review for Preliminary Injunctions Granting Mandamus Relief “In deciding whether to issue a preliminary injunction, a trial court must evaluate two interrelated factors: (i) the likelihood that the party seeking the injunction will ultimately prevail on the merits of his claim, and (ii) the balance of harm presented, i.e., the comparative consequences of the issuance and nonissuance of the injunction.” (Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 441-442 , fn. omitted (Common Cause); see Chase v. Wizmann (2021) 71 Cal.App.5th 244 , 252; Midway V

1992Standard of review. (2) In deciding whether to issue a preliminary injunction, a court must weigh two "interrelated" factors: (1) the likelihood that the moving party *678 will ultimately prevail on the merits and (2) the relative interim harm to the parties from issuance or nonissuance of the injunction. ( Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 441-442 [ 261 Cal. Rptr. 574 , 777 P.2d 610 ].) Appellate review is limited to whether the trial court's decision was an abuse of discretion. ( Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, 286 [ 219 Cal. Rptr. 467 , 707 P.2d

26
Smith v. Adventist Health System/Westgreen
calctapp · 2010 · cited in 4 California opinions naming this issue, 2011–2025
2 sentences

2011Proc., § 904.1, subd. (a)(6).) “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. [Citation.] ...[][] The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support an injunction. [Citation.] Of course, ‘[t]he scope of available prelimin

2011Proc., § 904.1, subd. (a)(6).) “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. [Citation.] ...[][] The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support an injunction. [Citation.] Of course, ‘[t]he scope of available prelimin

24
Costa Mesa City Employees' Ass'n v. City of Costa Mesagreen
calctapp · 2012 · cited in 3 California opinions naming this issue, 2021–2024
2 sentences

2024Standard of Review “Our review of a preliminary injunction ‘may trigger any or all of the three standards of appellate review.’ [Citation.] The trial court’s evaluation and weighing of the parties’ likelihood of success on the merits and the balance of harm is reviewed for abuse of discretion. [Citation.] We review de novo the trial court’s application of legal principles and we review its findings of fact under the substantial evidence standard.” (Anderson v. County of Santa Barbara (2023) 94 Cal.App.5th 554 , 568.) Under the abuse of discretion standard, “[t]he trial court’s determination mu

2021(Costa Mesa City Employees Assn. v. City of Costa Mesa (2012) 209 Cal.App.4th 298, 305 [plaintiff must “‘present evidence of the irreparable injury or interim harm that it will suffer if an injunction is not issued pending an adjudication of the merits’”]; Choice-in-Education League v. Los Angeles Unified School Dist. (1993) 17 Cal.App.4th 415, 422 [for the trial court to exercise its discretion to issue a preliminary injunction, “‘[t]he applicant must demonstrate a real threat of immediate and irreparable injury [citations] due to the inadequacy of legal remedies’”]; see Intel Corp. v. Hamidi

23
White v. Davisgreen
cal · 2003 · cited in 2 California opinions naming this issue, 2023–2023
2 sentences

2023(Ibid.) “[A]s a general matter, the question whether a preliminary injunction should be granted involves two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits, and (2) the relative balance of harms that is likely to result from the granting or denial of interim injunctive relief.” (White v. Davis (2003) 30 Cal.4th 528, 554 ; see Butt v. State of California (1992) 4 Cal.4th 668 , 677–678.) Typically, the trial court’s evaluation of the relative balance of harms compares the interim harm the plaintiff is likely to sustain if the injunction is denied to the ha

2023(Ibid.) “[A]s a general matter, the question whether a preliminary injunction should be granted involves two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits, and (2) the relative balance of harms that is likely to result from the granting or denial of interim injunctive relief.” (White v. Davis (2003) 30 Cal.4th 528, 554 ; see Butt v. State of California (1992) 4 Cal.4th 668 , 677–678.) Typically, the trial court’s evaluation of the relative balance of harms compares the interim harm the plaintiff is likely to sustain if the injunction is denied to the ha

22
Cohen v. Board of Supervisorsgreen
cal · 1985 · cited in 2 California opinions naming this issue, 1992–2023
2 sentences

2023(See Cal. Rules of Court, rule 8.104(c)(2) [stating that “if the minute order directs that a written order be prepared, the entry date is the date the signed order is filed”].) 16 McDonald’s Corp. (2012) 205 Cal.App.4th 860 , 866–867.) “ ‘The latter factor involves consideration of such things as the inadequacy of other remedies, the degree of irreparable harm, and the necessity of preserving the status quo.’ ” (Id. at p. 867.) “The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be

1992Standard of review. (2) In deciding whether to issue a preliminary injunction, a court must weigh two "interrelated" factors: (1) the likelihood that the moving party *678 will ultimately prevail on the merits and (2) the relative interim harm to the parties from issuance or nonissuance of the injunction. ( Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 441-442 [ 261 Cal. Rptr. 574 , 777 P.2d 610 ].) Appellate review is limited to whether the trial court's decision was an abuse of discretion. ( Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, 286 [ 219 Cal. Rptr. 467 , 707 P.2d

22
Choice-In-Education League v. Los Angeles Unified School Districtgreen
calctapp · 1993 · cited in 2 California opinions naming this issue, 2021–2021
2 sentences

2021(Costa Mesa City Employees Assn. v. City of Costa Mesa (2012) 209 Cal.App.4th 298, 305 [plaintiff must “‘present evidence of the irreparable injury or interim harm that it will suffer if an injunction is not issued pending an adjudication of the merits’”]; Choice-in-Education League v. Los Angeles Unified School Dist. (1993) 17 Cal.App.4th 415, 422 [for the trial court to exercise its discretion to issue a preliminary injunction, “‘[t]he applicant must demonstrate a real threat of immediate and irreparable injury [citations] due to the inadequacy of legal remedies’”]; see Intel Corp. v. Hamidi

2021(Costa Mesa City Employees Assn. v. City of Costa Mesa (2012) 209 Cal.App.4th 298, 305 [plaintiff must “‘present evidence of the irreparable injury or interim harm that it will suffer if an injunction is not issued pending an adjudication of the merits’”]; Choice-in-Education League v. Los Angeles Unified School Dist. (1993) 17 Cal.App.4th 415, 422 [for the trial court to exercise its discretion to issue a preliminary injunction, “‘[t]he applicant must demonstrate a real threat of immediate and irreparable injury [citations] due to the inadequacy of legal remedies’”]; see Intel Corp. v. Hamidi

22
ITV Gurney Holding Inc. v. Gurneygreen
calctapp5d · 2017 · cited in 2 California opinions naming this issue, 2021–2021
2 sentences

2021The second is the interim harm that the plaintiff is likely to sustain if the injunction were denied as compared to the harm that the defendant is likely to suffer if the preliminary injunction were issued.”’” (Amgen, at p. 731; accord, ITV Gurney Holding Inc. v. Gurney (2017) 18 Cal.App.5th 22, 28-29 .) “‘“The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to 14 support an injunction.”’” (Jamison v. Department of Transportation (2016) 4 Cal.App.5th 356, 361-3

2021The second is the interim harm that the plaintiff is likely to sustain if the injunction were denied as compared to the harm that the defendant is likely to suffer if the preliminary injunction were issued.”’” (Amgen, at p. 731; accord, ITV Gurney Holding Inc. v. Gurney (2017) 18 Cal.App.5th 22, 28-29 .) “‘“The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to 14 support an injunction.”’” (Jamison v. Department of Transportation (2016) 4 Cal.App.5th 356, 361-3

22
Intel Corp. v. Hamidigreen
cal · 2003 · cited in 2 California opinions naming this issue, 2021–2021
2 sentences

2021(Costa Mesa City Employees Assn. v. City of Costa Mesa (2012) 209 Cal.App.4th 298, 305 [plaintiff must “‘present evidence of the irreparable injury or interim harm that it will suffer if an injunction is not issued pending an adjudication of the merits’”]; Choice-in-Education League v. Los Angeles Unified School Dist. (1993) 17 Cal.App.4th 415, 422 [for the trial court to exercise its discretion to issue a preliminary injunction, “‘[t]he applicant must demonstrate a real threat of immediate and irreparable injury [citations] due to the inadequacy of legal remedies’”]; see Intel Corp. v. Hamidi

2021(Costa Mesa City Employees Assn. v. City of Costa Mesa (2012) 209 Cal.App.4th 298, 305 [plaintiff must “‘present evidence of the irreparable injury or interim harm that it will suffer if an injunction is not issued pending an adjudication of the merits’”]; Choice-in-Education League v. Los Angeles Unified School Dist. (1993) 17 Cal.App.4th 415, 422 [for the trial court to exercise its discretion to issue a preliminary injunction, “‘[t]he applicant must demonstrate a real threat of immediate and irreparable injury [citations] due to the inadequacy of legal remedies’”]; see Intel Corp. v. Hamidi

22
HUONG QUE, INC. v. Luugreen
calctapp · 2007 · cited in 3 California opinions naming this issue, 2011–2025
2 sentences

2024Standard of Review “Our review of a preliminary injunction ‘may trigger any or all of the three standards of appellate review.’ [Citation.] The trial court’s evaluation and weighing of the parties’ likelihood of success on the merits and the balance of harm is reviewed for abuse of discretion. [Citation.] We review de novo the trial court’s application of legal principles and we review its findings of fact under the substantial evidence standard.” (Anderson v. County of Santa Barbara (2023) 94 Cal.App.5th 554 , 568.) Under the abuse of discretion standard, “[t]he trial court’s determination mu

2011Proc., § 904.1, subd. (a)(6).) “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. [Citation.] ...[][] The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support an injunction. [Citation.] Of course, ‘[t]he scope of available prelimin

13
King v. Meesegreen
cal · 1987 · cited in 2 California opinions naming this issue, 1992–2021
2 sentences

2021Test for Issuance of Preliminary Injunction and Standard of Review “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. [Citation.] . . . [¶] The trial court’s determination must be guided by a ‘mix’ of the potential- merit and interim-harm factors; the greater the plaintiff’s 5 showing on one, the less must be shown on the other to support an injunction. [Citation.]” (Bu

1992Standard of review. (2) In deciding whether to issue a preliminary injunction, a court must weigh two "interrelated" factors: (1) the likelihood that the moving party *678 will ultimately prevail on the merits and (2) the relative interim harm to the parties from issuance or nonissuance of the injunction. ( Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 441-442 [ 261 Cal. Rptr. 574 , 777 P.2d 610 ].) Appellate review is limited to whether the trial court's decision was an abuse of discretion. ( Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, 286 [ 219 Cal. Rptr. 467 , 707 P.2d

12
Ryland Mews Homeowners Assn. v. Munoz CA6green
calctapp · 2015 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024Standard of Review “Our review of a preliminary injunction ‘may trigger any or all of the three standards of appellate review.’ [Citation.] The trial court’s evaluation and weighing of the parties’ likelihood of success on the merits and the balance of harm is reviewed for abuse of discretion. [Citation.] We review de novo the trial court’s application of legal principles and we review its findings of fact under the substantial evidence standard.” (Anderson v. County of Santa Barbara (2023) 94 Cal.App.5th 554 , 568.) Under the abuse of discretion standard, “[t]he trial court’s determination mu

11
Teachers Insurance & Annuity Ass'n v. Furlottigreen
calctapp · 1999 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023Gallo v. Acuna (1997) 14 Cal.4th 1090, 1109 ; see also Teachers Insurance & Annuity Assn. v. Furlotti (1999) 70 Cal.App.4th 1487, 1493 [“The decision [to grant a preliminary injunction] will only be reversed when the trial court has abused its discretion as to either factor.”].) “Notwithstanding the applicability of the abuse of discretion standard of review, the specific determinations underlying the superior court’s decision are subject to appellate scrutiny under the standard of review appropriate to that type of determination.” (Smith v. Adventist Health System/West (2010) 182 Cal.App.4th

11
People ex rel. Herrera v. Stendergreen
calctapp · 2012 · cited in 1 California opinions naming this issue, 2023–2023
2 sentences

2023Herrera v. Stender (2012) 212 Cal.App.4th 614, 629 (Stender).) Our review on appeal “is limited to whether the trial court’s decision was an abuse of discretion. [Citation.]” (Butt, supra, 4 Cal.4th at p. 678 .) “The party challenging the superior court’s order has the burden of making a 12 clear showing of such an abuse.” (Smith v. Adventist Health System/West (2010) 182 Cal.App.4th 729, 739 .) “[W]e do not reweigh conflicting evidence or assess the credibility of witnesses; we only determine whether, interpreting the facts in the light most favorable to the prevailing party and indulging all

2023Herrera v. Stender (2012) 212 Cal.App.4th 614, 629 (Stender).) Our review on appeal “is limited to whether the trial court’s decision was an abuse of discretion. [Citation.]” (Butt, supra, 4 Cal.4th at p. 678 .) “The party challenging the superior court’s order has the burden of making a 12 clear showing of such an abuse.” (Smith v. Adventist Health System/West (2010) 182 Cal.App.4th 729, 739 .) “[W]e do not reweigh conflicting evidence or assess the credibility of witnesses; we only determine whether, interpreting the facts in the light most favorable to the prevailing party and indulging all

11
14859 Moorpark Homeowner's Assn. v. Vrt Corp.green
calctapp · 1998 · cited in 1 California opinions naming this issue, 2021–2021
2 sentences

2021Test for Issuance of Preliminary Injunction and Standard of Review “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. [Citation.] . . . [¶] The trial court’s determination must be guided by a ‘mix’ of the potential- merit and interim-harm factors; the greater the plaintiff’s 5 showing on one, the less must be shown on the other to support an injunction. [Citation.]” (Bu

2021(See 14859 Moorpark, supra, 63 Cal.App.4th at p. 1402 .) However, a “trial court may not grant a preliminary injunction, regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of the claim.” (Butt, supra, 4 Cal.4th at p. 678 .) “Generally, the ruling on an application for a preliminary injunction rests in the sound discretion of the trial court.

11
Garamendi v. Executive Life Insurancegreen
calctapp · 1993 · cited in 1 California opinions naming this issue, 2013–2013
2 sentences

2013Co. (1993) 17 Cal.App.4th 504, 512 [ 21 Cal.Rptr.2d 578 ].) B.

2013Co. (1993) 17 Cal.App.4th 504, 512 [ 21 Cal.Rptr.2d 578 ].) B.

11
Triplett v. Farmers Insurance Exchangegreen
calctapp · 1994 · cited in 1 California opinions naming this issue, 2012–2012
2 sentences

2012Exchange (1994) 24 Cal.App.4th 1415, 1422-1423 [ 29 Cal.Rptr.2d 741 ].) When a preliminary injunction is requested, “[t]he trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support an injunction.” (Butt v. State of California (1992) 4 Cal.4th 668, 678 [ 15 Cal.Rptr.2d 480 , 842 P.2d 1240 ].) As plaintiff says, the purpose of a preliminary injunction under the UFTA is to prevent “further disposition by the debtor or a transferee, or both, of the asset transferr

2012Exchange (1994) 24 Cal.App.4th 1415, 1422-1423 [ 29 Cal.Rptr.2d 741 ].) When a preliminary injunction is requested, “[t]he trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support an injunction.” (Butt v. State of California (1992) 4 Cal.4th 668, 678 [ 15 Cal.Rptr.2d 480 , 842 P.2d 1240 ].) As plaintiff says, the purpose of a preliminary injunction under the UFTA is to prevent “further disposition by the debtor or a transferee, or both, of the asset transferr

11
Hunt v. Superior Courtgreen
cal · 1999 · cited in 1 California opinions naming this issue, 2008–2008
2 sentences

2008Grounds for an Injunction The decision to issue a preliminary injunction requires that the court weigh two factors: “the likelihood the moving party will ultimately prevail on the merits, and the relative interim harm to the parties from the issuance or nonissuance of the injunction.” (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999 [ 90 Cal.Rptr.2d 236 , 987 P.2d 705 ].) “The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support an injunction.” (Butt v.

2008Grounds for an Injunction The decision to issue a preliminary injunction requires that the court weigh two factors: “the likelihood the moving party will ultimately prevail on the merits, and the relative interim harm to the parties from the issuance or nonissuance of the injunction.” (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999 [ 90 Cal.Rptr.2d 236 , 987 P.2d 705 ].) “The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support an injunction.” (Butt v.

11
Citizens for Better Streets v. Board of Supervisorsgreen
calctapp · 2004 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006Discussion A. Standard of Review “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. [Citation.] Appellate review is limited to whether the trial court’s decision was an abuse of discretion. [Citation.] [][] The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must

2006Discussion A. Standard of Review “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. [Citation.] Appellate review is limited to whether the trial court’s decision was an abuse of discretion. [Citation.] [][] The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must

11
San Diego Unified Port v. U.S. Citizens Patrolgreen
calctapp · 1998 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006Discussion A. Standard of Review “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. [Citation.] Appellate review is limited to whether the trial court’s decision was an abuse of discretion. [Citation.] [][] The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must

2006Discussion A. Standard of Review “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. [Citation.] Appellate review is limited to whether the trial court’s decision was an abuse of discretion. [Citation.] [][] The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Shoemaker v. County of Los Angeles green
calctapp · 1995
2 sentences

2024Standard of Review “Our review of a preliminary injunction ‘may trigger any or all of the three standards of appellate review.’ [Citation.] The trial court’s evaluation and weighing of the parties’ likelihood of success on the merits and the balance of harm is reviewed for abuse of discretion. [Citation.] We review de novo the trial court’s application of legal principles and we review its findings of fact under the substantial evidence standard.” (Anderson v. County of Santa Barbara (2023) 94 Cal.App.5th 554 , 568.) Under the abuse of discretion standard, “[t]he trial court’s determination mu

2023“If the trial court abused its discretion on either factor, the Court of Appeal must reverse. [Citation.]” (Church of Christ in Hollywood v. Superior Court, supra, 99 Cal.App.4th at p. 1252 .) “A trial court will be found to have abused its discretion only when it has ‘“exceeded the bounds of reason or contravened the uncontradicted evidence.”’ [Citations.] Further, the burden rests with the party challenging the injunction to make a clear showing of an abuse of discretion. [Citations.]” (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69 [decision to grant preliminary injunction reviewed

32015–2024
Jamison v. Department of Transportation green
calctapp · 2016
2 sentences

2021The second is the interim harm that the plaintiff is likely to sustain if the injunction were denied as compared to the harm that the defendant is likely to suffer if the preliminary injunction were issued.”’” (Amgen, at p. 731; accord, ITV Gurney Holding Inc. v. Gurney (2017) 18 Cal.App.5th 22, 28-29 .) “‘“The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to 14 support an injunction.”’” (Jamison v. Department of Transportation (2016) 4 Cal.App.5th 356, 361-3

2021The second is the interim harm that the plaintiff is likely to sustain if the injunction were denied as compared to the harm that the defendant is likely to suffer if the preliminary injunction were issued.”’” (Amgen, at p. 731; accord, ITV Gurney Holding Inc. v. Gurney (2017) 18 Cal.App.5th 22, 28-29 .) “‘“The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to 14 support an injunction.”’” (Jamison v. Department of Transportation (2016) 4 Cal.App.5th 356, 361-3

32021–2022
Law School Admission Council, Inc. v. State green
calctapp · 2014
2 sentences

2023(See Butt v. State of California (1992) 4 Cal.4th 668, 678 (Butt).) However, a “trial court may not grant a preliminary injunction, regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of the claim.” (Ibid.; Law School Admission Counsel, Inc. v. State of California (2014) 222 Cal.App.4th 1265, 1280 .) 23 Because Plaintiffs, as the moving party, had the burden to show all elements necessary to support the issuance of the injunction, they had to establish at least some likelihood of success on the merits of their pr

2015(Law School Admission Council, Inc. v. State of California (2014) 222 Cal.App.4th 1265, 1280 .) “The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim- harm factors; the greater the plaintiff's showing on one, the less must be shown on the other to support an injunction. [Citation.]” (Butt v. State of California (1992) 4 Cal.4th 668, 678 (Butt).) Nonetheless, “[a] trial court may not grant a preliminary injunction, 2 To the extent the judgment excepts Bernstein’s claims for attorney fees and costs, which were denied by the arbitrator, we affirm as neither

22015–2023
Whyte v. Schlage Lock Company green
calctapp · 2002
1 sentence

2023“If the trial court abused its discretion on either factor, the Court of Appeal must reverse. [Citation.]” (Church of Christ in Hollywood v. Superior Court, supra, 99 Cal.App.4th at p. 1252 .) “A trial court will be found to have abused its discretion only when it has ‘“exceeded the bounds of reason or contravened the uncontradicted evidence.”’ [Citations.] Further, the burden rests with the party challenging the injunction to make a clear showing of an abuse of discretion. [Citations.]” (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69 [decision to grant preliminary injunction reviewed

12023–2023
CHURCH OF CHRIST IN HOLLYWOOD v. Superior Court green
calctapp · 2002
2 sentences

2023(Church of Christ in Hollywood v. Superior Court (2002) 99 Cal.App.4th 1244, 1251 .) “‘The trial court’s determination must be guided by a “mix” of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support [a restraining order]. . . .’” (Id. at pp. 1251-1252.) But “‘[a] trial court may not grant a [restraining order], regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of the claim.’ [Citation.]” (Id. at p. 1252.) Similarly, appellate

2023“If the trial court abused its discretion on either factor, the Court of Appeal must reverse. [Citation.]” (Church of Christ in Hollywood v. Superior Court, supra, 99 Cal.App.4th at p. 1252 .) “A trial court will be found to have abused its discretion only when it has ‘“exceeded the bounds of reason or contravened the uncontradicted evidence.”’ [Citations.] Further, the burden rests with the party challenging the injunction to make a clear showing of an abuse of discretion. [Citations.]” (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69 [decision to grant preliminary injunction reviewed

12023–2023
Husain v. Mcdonald's Corp. green
calctapp · 2012
1 sentence

2023(See Cal. Rules of Court, rule 8.104(c)(2) [stating that “if the minute order directs that a written order be prepared, the entry date is the date the signed order is filed”].) 16 McDonald’s Corp. (2012) 205 Cal.App.4th 860 , 866–867.) “ ‘The latter factor involves consideration of such things as the inadequacy of other remedies, the degree of irreparable harm, and the necessity of preserving the status quo.’ ” (Id. at p. 867.) “The trial court’s determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be

12023–2023

Statutes the citing opinions construe

CA § Cal. Evidence Code § 452 (6) CA § Cal. Corporations Code § 7110 (3) CA § Cal. Corporations Code § 7210 (3) CA § Cal. Corporations Code § 7320 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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