When Injunction May or May Not Be Granted

An injunction may be granted in the following cases: 1. When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2. When it appears by the complaint or affidavit that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action; 3. When it appears during the litigation that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual; 4. When pecuniary compensation would not afford adequate relief; 5. Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief; 6. Where the restraint is necessary to prevent a multiplicity of judicial proceedings; 7. Where the obligation arises from a trust. COL121007 CH. 20 PROVISIONAL R EMEDIES IN C IVIL ACTIONS 8. Against any officer of the Executive Branch of the government of Guam in his official capacity for the purpose of enjoining such officer from failing to take such action as is necessary to provide an adequate public education to a public school student. An injunction cannot be granted: 1. To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless such restraint is necessary to prevent a multiplicity of such proceedings; 2. To stay proceedings in a court of the United States; 3. To stay proceedings in any state of the United States upon a judgment of a court of that state; 4. To prevent the execution of a public law by officers of the law for the public benefit; 5. To prevent the breach of a contract (other than a contract in writing for the rendition or furnishing of personal service from one to another where the minimum compensation for such service is at the rate of not less than Three Thousand Dollars ($3,000.00) per annum, and where the promised service is of a special, unique, unusual, extraordinary, or intellectual character which gives it peculiar value the loss of which cannot be reasonably or adequately compensated in damages in an action at law) the performance of which would not he specifically enforced; provided, however, that an injunction may be granted to prevent the breach of a contract entered into between any nonprofit cooperative corporation or association and a member or stockholder thereof, in respect to any provision regarding the sale or delivery to the corporation or association of the products produced or acquired by such member or stockholder; 6. To prevent the exercise of a public or private office, in a lawful manner, by the person in possession; 7. To prevent an executive act or action by an authorized person; 8. Where a condition upon which a claim made pursuant to 7 GCA §12108.1(a) was based has been corrected; 9. Where another action based on the same claim arising under 7 GCA §12108.1(a) pends before the court.