2009 California Civil Code - Section 3420-3424 :: Chapter 3. Preventive Relief

CIVIL CODE
SECTION 3420-3424

3420.  Preventive relief is granted by injunction, provisional or
final.

3421.  Provisional injunctions are regulated by the CODE OF CIVIL
PROCEDURE.

3422.  Except where otherwise provided by this Title, a final
injunction may be granted to prevent the breach of an obligation
existing in favor of the applicant:
   1. Where pecuniary compensation would not afford adequate relief;
   2. Where it would be extremely difficult to ascertain the amount
of compensation which would afford adequate relief;
   3. Where the restraint is necessary to prevent a multiplicity of
judicial proceedings; or,
   4. Where the obligation arises from a trust.

3423.  An injunction may not be granted:
   (a) To stay a judicial proceeding pending at the commencement of
the action in which the injunction is demanded, unless this restraint
is necessary to prevent a multiplicity of proceedings.
   (b) To stay proceedings in a court of the United States.
   (c) To stay proceedings in another state upon a judgment of a
court of that state.
   (d) To prevent the execution of a public statute, by officers of
the law, for the public benefit.
   (e) To prevent the breach of a contract the performance of which
would not be specifically enforced, other than a contract in writing
for the rendition of personal services from one to another where the
promised service is of a special, unique, unusual, extraordinary, or
intellectual character, which gives it peculiar value, the loss of
which cannot be reasonably or adequately compensated in damages in an
action at law, and where the compensation for the personal services
is as follows:
   (1) As to contracts entered into on or before December 31, 1993,
the minimum compensation provided in the contract for the personal
services shall be at the rate of six thousand dollars ($6,000) per
annum.
   (2) As to contracts entered into on or after January 1, 1994, the
criteria of subparagraph (A) or (B), as follows, are satisfied:
   (A) The compensation is as follows:
   (i) The minimum compensation provided in the contract shall be at
the rate of nine thousand dollars ($9,000) per annum for the first
year of the contract, twelve thousand dollars ($12,000) per annum for
the second year of the contract, and fifteen thousand dollars
($15,000) per annum for the third to seventh years, inclusive, of the
contract.
   (ii) In addition, after the third year of the contract, there
shall actually have been paid for the services through and including
the contract year during which the injunctive relief is sought, over
and above the minimum contractual compensation specified in clause
(i), the amount of fifteen thousand dollars ($15,000) per annum
during the fourth and fifth years of the contract, and thirty
thousand dollars ($30,000) per annum during the sixth and seventh
years of the contract. As a condition to petitioning for an
injunction, amounts payable under this clause may be paid at any time
prior to seeking injunctive relief.
   (B) The aggregate compensation actually received for the services
provided under a contract that does not meet the criteria of
subparagraph (A), is at least 10 times the applicable aggregate
minimum amount specified in clauses (i) and (ii) of subparagraph (A)
through and including the contract year during which the injunctive
relief is sought. As a condition to petitioning for an injunction,
amounts payable under this subparagraph may be paid at any time prior
to seeking injunctive relief.
   (3) Compensation paid in any contract year in excess of the
minimums specified in subparagraphs (A) and (B) of paragraph (2)
shall apply to reduce the compensation otherwise required to be paid
under those provisions in any subsequent contract years.
   However, an injunction may be granted to prevent the breach of a
contract entered into between any nonprofit cooperative corporation
or association and a member or stockholder thereof in respect to any
provision regarding the sale or delivery to the corporation or
association of the products produced or acquired by the member or
stockholder.
   (f) To prevent the exercise of a public or private office, in a
lawful manner, by the person in possession.
   (g) To prevent a legislative act by a municipal corporation.

3424.  (a) Upon notice and motion, the court may modify or dissolve
a final injunction upon a showing that there has been a material
change in the facts upon which the injunction was granted, that the
law upon which the injunction was granted has changed, or that the
ends of justice would be served by the modification or dissolution of
the injunction.
   (b) Service of this motion to modify or dissolve a final
injunction shall be made upon the nonmoving party by one of the
following methods:
   (1) If the party has not appeared in the action, the motion shall
be served in the same manner as a summons pursuant to Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of
the Code of Civil Procedure.
   (2) If the party has appeared in the action, the motion shall be
served either upon the party or his or her attorney, or upon the
party if he or she has appeared without an attorney, either in the
same manner as a summons pursuant to Article 3 (commencing with
Section 415.10) of Chapter 4 of Title 5 of the Code of Civil
Procedure or in the manner provided by Chapter 5 (commencing with
Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure.
   (c) This section does not apply to a final injunction issued
pursuant to the Family Code.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.