A judicial order granted by a judge of the Superior Court, which prohibits the trustee from proceeding with any further action on a specific foreclosure file until a trial is held or settlement reached. This occurs when there is a dispute between the owner of a property and the beneficiary. A Trustee's Sale cannot be held any sooner than seven (7) days from the dismissal of the action or the expiration of a restraining order, injunction or stay from any court of competent jurisdiction. However, the order or any amendment thereto may expressly provide for an earlier sale date.
In civil cases when it is necessary to preserve the status quo prior to trial, the court may issue a preliminary injunction or temporary restraining order ordering, a party to carry out a specified activity.
a court order barring a party from certain conduct until the matter under dispute is litigated and decided in court
a court order issued early in a lawsuit, prohibiting a party from doing that which is in dispute until there is a final court judgment
a court order which restrains a party from further infringing activity until a full trial in the matter can be heard
a drastic remedy that the court should not grant unless the movant, by a clear showing, carries its burden of persuasion
an equitable remedy, and the trial court, in its discretion, may grant an injunction to protect its judgments and prevent irreparable harm
an equitable remedy that invokes the sound discretion of the district court
an extraordinary and drastic measure that should not be routinely granted, see Mazurek v
an extraordinary and drastic remedy
an extraordinary remedy applicable only where an extreme emergency exists and serious harm would result if the injunction is not issued
an order before a full trial, "to preserve the status quo," while a permanent injunction may be ordered after trial to protect the complainant's rights
an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party to an administrative case or any third person to refrain from a particular act or acts
an order granted at any stage of an action prior to judgment of final order, requiring a party, court, agency, or person to refrain from a particular act or acts
an order of the court, usually applied for and granted at the very outset of a litigation, which requires the infringer to immediately cease and desist from making, using and selling the patented design
a prior restraint
a provisional remedy granted to restrain activity on a temporary basis until the court can make a final decision after trial
a provisional remedy that a party may resort to in order to preserve and protect certain rights and interests during the pendency of an action
a remedy authorized by the ACPA
a temporary injunction that commands the defendant to do, or desist from doing something, for the remainder of the case
An injunction issued by the court prior to trial at the request of the plaintiff; requires the plaintiff to show that she is likely to win at trial and will suffer irreparable injury if the injunction is not granted.
Court order requiring or forbidding an action until a decision can be made whether to issue a permanent injunction. Issued only after both parties have had opportunity to be heard. Compare temporary restraining order.
A preliminary injunction is an injunction entered by a court prior to a determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct until the case has been decided. If the case is decided against the party that has been enjoined, then the injunction will usually be made permanent. If the case is decided in favor of the party that has been enjoined, the injunction will usually be dissolved.