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iLaw Dictionary
California
Law Dictionary
Preliminary Injunction -Burden
(Citizens for Safer Streets)
Preliminary Injunction -Plaintiff Burden
(Citizens for Safer Streets)
A plaintiff seeking a preliminary injunction bears
the burden of presenting facts
which show a reasonable probability that he will succeed on the merits.
(Fleishman v. Superior Court (2002) 102 Cal.App.4th 350, 356.)
When the trial court denies the requested relief, the plaintiff bears the
burden, as appellant, of overcoming the presumption of
correctness
which attends the challenged ruling. (Id. at p. 357.) Here
the dispositive
question is whether plaintiffs have carried their burden, as appellants, of
showing that the trial court erred in finding that they had not demonstrated
a reasonable probability of success on the merits.
Citizens for Safer Streets v. S.F. 2/26/04 CA1/4A102773
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