Pacific Salad Oil v. Archer-Daniels-Midland
Respondent, moved to modify the terms of a permanent injunction on the ground of changed circumstances under Civil Code section 3424. The court denied the motion finding that the test for changed circumstances had not been met.
Appellant filed a motion for attorney fees and costs as the prevailing party under section 1717. This motion was also denied. The court found that in opposing an attempt to modify an injunction, appellant could not be deemed to be enforcing the stipulated judgment that granted the permanent injunction. Appellant contends the trial court erred. According to appellant, a motion to modify an injunction that was issued pursuant to a contract is an action on a contract.
As discussed below, the trial court was correct. Defendant’s statutory claim was not related to the stipulated judgment. Order affirmed.
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