Title: Preliminary Injunction - Motion - Template
Author: Sacramento County Public Law Library
Last saved by: reference

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Your Name 
Your Address
Your city, state, zip
Your phone number

Your Name
Plaintiff in Pro Per

SUPERIOR COURT OF THE STATE OF CALIFORNIA 
FOR THE COUNTY OF SACRAMENTO 

YOUR NAME,
Plaintiff,

vs.

NAME OF DEFENDANT AND DOES 1 THROUGH Number
Defendant.

No.  Case Number

NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION 

Cal. Code of Civ. Proc. 526(a)

Date:  Hearing Date]
Time:  Hearing Time
Location: Dept. Department
Judge: Hon. Judge's Name
Date Action Filed: Date Filed

Trial Date: Not Yet Set

To defendant(s) Defendant(s)  and to their attorney(s) of record:
NOTICE IS HEREBY GIVEN that on Hearing Date, at Hearing Time, or as soon thereafter as the matter may be heard, in Department Department of this court, located at Address, Sacramento, Your Name will, and hereby does, move for the issuance of a preliminary injunction enjoining Defendant(s) , his/her/theiremployees, agents, and persons acting with him/her/its, or on him/her/its behalf, from, from state what the defendant(s) should be ordered to do, or not to do.  
This motion is made pursuant to the provisions of Code of Civil Procedure section 526(a) on the grounds that state the grounds of your motion. 
This motion is based upon the memorandum in support and  the declaration(s) of Your Name filed herewith, on the records and file herein, and on such evidence as may be presented at the hearing of the motion.
Pursuant to Local Rule 1.06 (A) the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative rulings for the department may be downloaded off the court’s website. If the party does not have online access, they may call the dedicated phone number for the department as referenced in the local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.
  
Dated: Date Signed
_________________________________
Signature
YOUR NAME, In Pro Per 

MEMORANDUM OF POINTS AND AUTHORITIES
I. INTRODUCTION
	BRIEFLY describe who the defendant(s) are and what they are doing to threaten your rights.  the facts entitling you to an injunction. For each fact, cite to the relevant paragraph number in the Declaration.   (Plaintiff Decl. ¶¶ Paragraph numbers from Declaration) Plaintiff therefore requests a preliminary injunction enjoining Defendant(s) , and any of their agents, servants, and employees, from state what the defendant(s) should be ordered to do, or not to do until the resolution of this case. 
II. LEGAL ARGUMENT
A. Restraining Commission or Continuance of Act. An injunction may be granted when it appears by the complaint that the plaintiff is entitled to the relief demanded and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually ( Code Civ. Proc. § 526(a)(1); People ex rel. Herrera v. Stender (2012) 212 Cal. App. 4th 614, 629, 152 Cal. Rptr. 3d 16; Dingley v. Buckner (1909) 11 Cal. App. 181, 183–184, 104 P. 478; see Southern Christian Leadership Conference v. Al Malaikah Auditorium Co. (1991) 230 Cal. App. 3d 207, 223, 281 Cal. Rptr. 216). 
B. Court Must Consider Likelihood That Plaintiff Will Prevail and Balance Hardships of Parties. In exercising its discretion, the trial court must consider two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits of the case at trial, and (2) the harm to be suffered by the plaintiff if the injunction does not issue as compared to the harm to be suffered by the defendant if it does (Take Me Home Rescue v. Luri (2012) 208 Cal. App. 4th 1342, 1350–1353, 146 Cal. Rptr. 3d 461).
In this case, Plaintiff’s complaint alleges …. . Quote the complaint to show that you have alleged sufficient facts to support an injunction. For each fact, cite to the relevant paragraph number in the Complaint.  (Complaint, ¶ Paragraph number from Complaint).
	C. Great or Irreparable Injury or Waste. An injunction may be granted when it appears by the complaint or affidavits (or declarations) that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury to a party to the action ( Code Civ. Proc. §§ 526(a)(2), 2015.5; Volpicelli v. Jared Sydney Torrance Memorial Hosp. (1980) 109 Cal. App. 3d 242, 167 Cal. Rptr. 610; Smith v. Smith (1942) 49 Cal. App. 2d 716, 718–719, 122 P.2d 346). The term “irreparable injury” means that species of damages, whether great or small, that ought not to be submitted to on the one hand or inflicted on the other (Wind v. Herbert (1960) 186 Cal. App. 2d 276, 285, 8 Cal. Rptr. 817). This definition warrants the use of the injunctive power of the court against a wrong that a trial judge deems insufferable because it constitutes an overbearing assumption by one person of superiority and domination over the rights and property of others (Fretz v. Burke (1967) 247 Cal. App. 2d 741, 746, 55 Cal. Rptr. 879).
	“Irreparable injury” cite the law (usually cases) that show how an action poses irreparable injury (injury that cannot be compensated by money), and explain why your facts match those cases. 
	D. Rendering Judgment Ineffectual. An injunction may be granted when it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual ( Code Civ. Proc. § 526(a)(3); Heckmann v. Ahmanson (1985) 168 Cal. App. 3d 119, 136; Lenard v. Edmonds (1957) 151 Cal. App. 2d 764, 769, 312 P.2d 308; Rossi v. Rossi (1955) 134 Cal. App. 2d 639, 641, 286 P.2d 563).
	E. Preservation of Status Quo. A preliminary injunction may be granted to preserve the status quo until a final determination of the merits of the action (Continental Baking Co. v. Katz (1968) 68 Cal. 2d 512, 528, 67 Cal. Rptr. 761, 439 P.2d 889; People v. Black’s Food Store (1940) 16 Cal. 2d 59, 62, 105 P.2d 361; Oiye v. Fox (2012) 211 Cal. App. 4th 1036, 1047–1060, 151 Cal. Rptr. 3d 65; O’Connell v. Superior Court (2006) 141 Cal. App. 4th 1452, 1471, 47 Cal. Rptr. 3d 147).  

Respectfully submitted,

Dated: Date Signed
						Signature
						Your Name, In Pro

DECLARATION OF YOUR NAME
I,  Your Name, declare:
1. I am the plaintiff in this action and make this declaration in support of my motion for a preliminary injunction.
2. The facts stated in this declaration are true of my own personal knowledge, except as to any matters stated on information and belief, and as to those matters, I am informed and believe them to be true. If called as a witness in this matter, I could and would competently testify to the matters set forth below.  
	3. Describe the facts entitling you to an injunction. Include one fact per numbered paragraph.
4. Add additional numbered paragraphs and exhibits if necessary. 
5.  …..
	I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 

Dated: Date Signed
						Signature
						Your Name, In Pro

NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION