Cal. Code Civ. Proc. § 1297.172

Current through the 2024 Legislative Session.
Section 1297.172 - [Effective 1/1/2025] Appropriate security provided
(a) The party requesting an interim measure under paragraph (1), (2), or (3) of subdivision (b) of Section 1297.171 shall satisfy the arbitral tribunal that both of the following conditions are met:
(1) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted.
(2) There is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination of this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.
(b) With regard to a request for an interim measure under paragraph (4) of subdivision (b) of Section 1297.171, the requirements in paragraphs (1) and (2) of subdivision (a) shall apply only to the extent the arbitral tribunal considers appropriate.

Ca. Civ. Proc. Code § 1297.172

Amended by Stats 2024 ch 90 (AB 1903),s 10, eff. 1/1/2025.
Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.
This section is set out more than once due to postponed, multiple, or conflicting amendments.