What is the test for a preliminary injunction preventing a defendant from expending monies on a personal injury claim?

California, United States of America


The following excerpt is from Rosilho v. Young, B249011 (Cal. App. 2014):

trial court already had evidence that appellant had been disingenuous with his counsel about his physical location and availability for deposition in Los Angeles. In short, respondent met his burden of showing that he would suffer irreparable injury were the preliminary injunction not granted, as appellant would be judgment-proof. (See West Coast Constr. Co. v. Oceano Sanitary Dist. (1971) 17 Cal.App.3d 693, 696, 700 [affirming preliminary injunction barring defendant from expending monies because plaintiff would suffer irreparable injury were defendant not able to pay damages, if ultimately awarded]; Lenard v. Edmonds (1957) 151 Cal.App.2d 764, 769 ["Obviously, it was reasonably necessary and fair to both sides to maintain the status quo pending the outcome of the litigation. Otherwise, appellant could have deliberately stripped himself of all assets and made it impossible for him to pay any judgment that might be secured."]; 526, subd. (a) [a preliminary injunction may be granted: "(2) When it appears by the complaint or affidavits 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"; or "(3) 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"].)

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