Guam § 20302 - When Injunction May or May Not Be Granted.

§ 20302. 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.

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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, extra-

ordinary, 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.