MBE Rules · Remedies
Preliminary Injunctive Relief
Cal. Civ. Proc. Code § 526
The rule
Preliminary injunctive relief requires (1) probability of success on the merits, and (2) balance of relative interim harm favoring the applicant. California courts use a sliding-scale approach: greater probability of success reduces the required showing of interim harm, and vice versa.
In plain English
Preliminary injunctive relief is a court order that temporarily prevents a party from taking certain actions while a case is being decided. To obtain this relief, the applicant must show they are likely to win the case and that the harm they would suffer without the injunction outweighs any harm to the other party.
Worked example
A small business owner seeks a preliminary injunction to stop a competitor from using a similar logo, claiming it confuses customers. The owner presents evidence of strong brand recognition and potential loss of sales, while the competitor argues that the logo is not confusing. The court grants the injunction, finding a high probability of success and significant interim harm to the owner.
Memory hook
Preliminary relief: prove you're likely to win and that the harm favors you!
The trap
Exams may present scenarios where students misjudge the balance of harms or overestimate the probability of success, leading to incorrect conclusions about granting relief. Watch for subtle hints in fact patterns that may shift the balance.
How examiners test it
Questions often test the applicant's likelihood of success and the balance of harms, requiring candidates to analyze both elements in a hypothetical situation. Look for fact patterns that provide competing interests to evaluate the sliding scale approach.
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