Ca Bar Remedies

A preliminary injunction should be granted if the plaintiff can demonstrate irreparable injury and the likelihood that they will prevail in having a permanent injunction granted at trial.

Specific performance will be granted if the plaintiff can show that the legal remedies are inadequate, the contract terms are certain and definite, it is feasible for the court to enforce the specific performance, and there is a mutuality of performance.

• Monetary Damages
• Replevin
• Ejectment
• Constructive Trust/Equitable Liens

The judgment must be a single lump sum payment that will be discounted to present value without taking inflation into account, except under the modern rule.

Plaintiff has a right to possession of a specific piece of chattel and there is a wrongful withholding by the defendant.

I Put Five Bucks Down

• Inadequate Legal Remedy
• Property Right or Protectable Interest
• Feasibility of Enforcement
• Balancing of Hardships
• Defenses