Can a preliminary injunction be issued to prevent a breach of contract?

California, United States of America


The following excerpt is from Southern Christian Leadership Conference v. Al Malaikah Auditorium Co., 230 Cal.App.3d 207, 281 Cal.Rptr. 216 (Cal. App. 1991):

Defendant also argues that issuance of the preliminary injunction exceeded the trial court's jurisdiction, since an injunction cannot be granted to prevent the breach of a contract. For this proposition defendant cites Code of Civil Procedure, section 526, subdivision (5). That section, however, states only that an injunction cannot be granted "[t]o prevent the breach of a contract ... the performance of which would not be specifically enforced...." In the case at bench, however, the contract could have been specifically enforced, even though in fact it was not. Since a court may specifically enforce a lease (Vincent v. Grayson (1973) 30 Cal.App.3d 899, 912, 106 Cal.Rptr. 733), it was not improper in the case at bench for this preliminary injunction to issue.

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