California, United States of America
The following excerpt is from Lam v. Kyngo, 111 Cal.Rptr.2d 582 (Cal. App. 2001):
In deciding whether to grant preliminary injunction, the trial court not only assesses "the likelihood that the plaintiff will prevail at trial," but "the interim harm that the plaintiff will likely sustain if the injunction were denied." (Pro-Family Advocates v. Gomez, supra, 46 Cal.App.4th at pp. 1680-1681.) Trial courts must balance the respective equities, and in any event the decision is tested under an abuse of discretion standard. (Id. at p. 1680.)
By contrast, in passing on anti-SLAPP suit motions, the trial court faces a much more binary task, more akin to a summary judgment motion: Has the plaintiff made a prima facie showing of facts which, if proved at trial, support a favorable judgment? (Wilcox v. Superior Court (1994) 27 Cal.App.4th 809, 823.)
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