What is the test for granting a preliminary injunction in a personal injury action against a plaintiff in an anti-SLAPP action?

California, United States of America


The following excerpt is from Lam v. Kyngo, 111 Cal.Rptr.2d 582 (Cal. App. 2001):

In deciding whether to grant preliminary injunction, the trial court not only assesses "the likelihood that the plaintiff will prevail at trial," but "the interim harm that the plaintiff will likely sustain if the injunction were denied." (Pro-Family Advocates v. Gomez, supra, 46 Cal.App.4th at pp. 1680-1681.) Trial courts must balance the respective equities, and in any event the decision is tested under an abuse of discretion standard. (Id. at p. 1680.)

By contrast, in passing on anti-SLAPP suit motions, the trial court faces a much more binary task, more akin to a summary judgment motion: Has the plaintiff made a prima facie showing of facts which, if proved at trial, support a favorable judgment? (Wilcox v. Superior Court (1994) 27 Cal.App.4th 809, 823.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
In a personal injury action, can plaintiffs amend or amend the elements of their cause of action? (California, United States of America)
What is the difference between a plaintiff and plaintiff in a personal injury action brought by a husband who assaulted his wife while she was working at Market Basket? (California, United States of America)
What is the difference between a plaintiff and plaintiff in a personal injury action? (California, United States of America)
In a personal injury case, can a plaintiff hire an attorney to prosecute the personal injury suit? (California, United States of America)
What is the limitation on personal injury claims by a plaintiff in a personal injury case? (California, United States of America)
In a personal injury action, how have attorney fees been awarded in personal injury cases? (California, United States of America)
Is a plaintiff entitled to recover time, attorney fees and attorney fees incurred by a plaintiff in a personal injury action against a third party? (California, United States of America)
Can a plaintiff in a motor vehicle personal injury action take action against the driver of the vehicle involved in the collision, if the original complaint does not name the driver? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.