Burden of Proof in Preliminary Injunctions WA

    Whether to grant or deny a preliminary injunction is within the sound discretion of the trial court. The decision of the trial court is only reviewable for abuse of discretion. Washington Fed'n of State Employees, Council 28 v. State, 99 Wn.2d 878, 887, 665 P.2d 1337 (1983); Rabon v. City of Seattle, 135 Wn.2d 278, 284, 957 P.2d 621 (1998). “For purposes of granting or denying injunctive relief, the standard for evaluating the exercise of judicial discretion is whether it is based on untenable grounds, or is manifestly unreasonable, or is arbitrary.” Washington Fed'n, 99 Wn.2d at 887.

    At a hearing on preliminary injunction, the party moving for the injunction bears the burden of showing that the injunction is necessary to protect a “clear legal or equitable right.” Washington Fed'n, 99 Wn.2d at 888.

    Once moving party makes this showing, the burden shifts to the other party to prove that he did not breach his duties.

“The burden of proof is on the fiduciary to demonstrate no breach of loyalty has been committed. Hetrick v. Smith, 67 Wash. 664, 667-68, 122 P. 363 (1912).”

Wilkins v. Lasater, 46 Wn. App. 766,778, 733 P.2d 221 (1987).