Courts have discretion to issue injunctions when the petitioner shows that irreparable harm will follow if there is no injunction, and the petitioner is likely to prevail on the merits. The stay may not issue if the court is satisfied that it is against the public interest. Back to TOP 2. Code of Civil Procedure section 529 reuires a bond for an injunction. Section 529.2 specifically reuires a bond in certain cases that challenge low and moderate income housing projects.
Public agencies are exempt from having to post a bond.
Courts may, but need not, reuire a bond as a condition of issuance of a stay. If a bond is reuired, the developer can take action on the bond to recover damages flowing from the injunction or stay, but only if the court ultimately issues judgment denying the petitioner s claim. The damages are limited to the amount of the bond, but may, when a bond is reuired, include the attorneys fees the respondent or real party incurred in defending the action. Back to TOP 3. There are no rules governing organization of the record.