SECTIONS 3420-3424

3420.  Preventive relief is granted by injunction, provisional orfinal.3421.  Provisional injunctions are regulated by the CODE OF CIVILPROCEDURE.3422.  Except where otherwise provided by this Title, a finalinjunction may be granted to prevent the breach of an obligationexisting in favor of the applicant: 1. Where pecuniary compensation would not afford adequate relief; 2. Where it would be extremely difficult to ascertain the amountof compensation which would afford adequate relief; 3. Where the restraint is necessary to prevent a multiplicity ofjudicial 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 ofthe action in which the injunction is demanded, unless this restraintis 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 acourt of that state. (d) To prevent the execution of a public statute, by officers ofthe law, for the public benefit. (e) To prevent the breach of a contract the performance of whichwould not be specifically enforced, other than a contract in writingfor the rendition of personal services from one to another where thepromised service is of a special, unique, unusual, extraordinary, orintellectual character, which gives it peculiar value, the loss ofwhich cannot be reasonably or adequately compensated in damages in anaction at law, and where the compensation for the personal servicesis as follows: (1) As to contracts entered into on or before December 31, 1993,the minimum compensation provided in the contract for the personalservices shall be at the rate of six thousand dollars ($6,000) perannum. (2) As to contracts entered into on or after January 1, 1994, thecriteria 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 atthe rate of nine thousand dollars ($9,000) per annum for the firstyear of the contract, twelve thousand dollars ($12,000) per annum forthe second year of the contract, and fifteen thousand dollars($15,000) per annum for the third to seventh years, inclusive, of thecontract. (ii) In addition, after the third year of the contract, thereshall actually have been paid for the services through and includingthe contract year during which the injunctive relief is sought, overand above the minimum contractual compensation specified in clause(i), the amount of fifteen thousand dollars ($15,000) per annumduring the fourth and fifth years of the contract, and thirtythousand dollars ($30,000) per annum during the sixth and seventhyears of the contract. As a condition to petitioning for aninjunction, amounts payable under this clause may be paid at any timeprior to seeking injunctive relief. (B) The aggregate compensation actually received for the servicesprovided under a contract that does not meet the criteria ofsubparagraph (A), is at least 10 times the applicable aggregateminimum amount specified in clauses (i) and (ii) of subparagraph (A)through and including the contract year during which the injunctiverelief is sought. As a condition to petitioning for an injunction,amounts payable under this subparagraph may be paid at any time priorto seeking injunctive relief. (3) Compensation paid in any contract year in excess of theminimums specified in subparagraphs (A) and (B) of paragraph (2)shall apply to reduce the compensation otherwise required to be paidunder those provisions in any subsequent contract years. However, an injunction may be granted to prevent the breach of acontract entered into between any nonprofit cooperative corporationor association and a member or stockholder thereof in respect to anyprovision regarding the sale or delivery to the corporation orassociation of the products produced or acquired by the member orstockholder. (f) To prevent the exercise of a public or private office, in alawful 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 dissolvea final injunction upon a showing that there has been a materialchange in the facts upon which the injunction was granted, that thelaw upon which the injunction was granted has changed, or that theends of justice would be served by the modification or dissolution ofthe injunction. (b) Service of this motion to modify or dissolve a finalinjunction shall be made upon the nonmoving party by one of thefollowing methods: (1) If the party has not appeared in the action, the motion shallbe 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 ofthe Code of Civil Procedure. (2) If the party has appeared in the action, the motion shall beserved either upon the party or his or her attorney, or upon theparty if he or she has appeared without an attorney, either in thesame manner as a summons pursuant to Article 3 (commencing withSection 415.10) of Chapter 4 of Title 5 of the Code of CivilProcedure or in the manner provided by Chapter 5 (commencing withSection 1010) of Title 14 of Part 2 of the Code of Civil Procedure. (c) This section does not apply to a final injunction issuedpursuant to the Family Code.