What is the test for a preliminary injunction to prevent a defendant from exercising their right to exercise their right?

California, United States of America


The following excerpt is from Planned Parenthood of San Diego and Riverside Counties v. Wilson, 282 Cal.Rptr. 760 (Cal. App. 1991):

"Normally, plaintiffs must establish that pending trial on the merits, defendants should be restrained from exercising the right claimed by them, as the underlying purpose of the injunction is to preserve the status quo until a final determination is made upon the merits. Consequently, the court must determine whether defendants would suffer greater harm from issuance of the preliminary injunction than the plaintiffs would suffer from its refusal, considering the reasonable probability the plaintiffs would ultimately prevail on the merits. [Citations.]" (DeYoung v. City of San Diego, supra, 147 Cal.App.3d at pp. 16-17, 194 Cal.Rptr. 722.)

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