Thursday, December 29, 2016

Not Status Quo Is Not Status No.

Integrated Dynamic Sols. v. Vitavet Labs, Inc., No. B268311, (D2d2 Dec. 22, 2016)

Plaintiff in this case won a preliminary injunction requiring Defendant to specifically perform a contract under which Defendant was to give Plaintiff access to some computer code. Defendant claims that the injunction was “mandatory” in that it altered the status quo, and that effectively permitted the PI to usurp the final adjudication of the case. 

But that’s not right. While the preliminary injunction, in ordering delivery, might be construable as mandatory, that didn’t make it impermissible. If Defendant ultimately wins at trial, presumably Plaintiff will have to give back the code and pay out of the bond whatever loss was caused by an improvidently granted motion.

Affirmed.

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