Bolen Report: SB 277 Lawsuit - Preliminary Injunction Hearing

Date - August 12th, 2016

Opinion by Consumer Advocate Tim Bolen

What is a Preliminary Injunction Hearing?


The whole purpose of the lawsuit against SB 277 is to stop it, and its
spin-off activities, from being activated.

A Motion for Preliminary Injunction is a request to the Court for an
Injunction before we begin arguing the lawsuit. There will be an actual
Court Hearing for this August 12th, 2016, 1:30PM in Courtroom 13A, Federal
Court Building, San Diego, CA. (shown in the photo above).

What is an Injunction?

According to the Cornell School of Law it is:

An injunction is a court order requiring a person to do or cease doing a
specific action. Temporary restraining orders and preliminary injunctions
are temporary injunctions. They are issued early in a lawsuit to maintain
the status quo by preventing a defendant from becoming insolvent or to stop
the defendant from continuing his or her allegedly harmful actions.
Choosing whether to grant temporary injunctive relief is a discretionary
power of the court. Permanent injunctions are issued as a final judgment in
a case. Failure to comply with an injunction may result in being held in
contempt of court.

Getting an injunction is NOT an easy process. A US Supreme Court Decision
called �Winter vs Natural Resources Defense Council� set the four-factor
preliminary injunction standards that are being used today in Federal
Courts.

What the court will want to be convinced of is that for the Plaintiffs:

(1) there is a likelihood of irreparable harm with no adequate remedy at
law;

(2) the balance of harm favors the movant;

(3) there is a likelihood of success on the merits of the case;

(4) the public interest favors the granting of the injunction.

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