VICTORIA, Texas (LN) — The U.S. District Court for the Southern District of Texas denied two motions for preliminary injunction filed by defendant Chunyi Zhao in her breach-of-contract dispute with plaintiffs Huiqun Lin Sun and others, finding she failed to show she would suffer irreparable harm if the injunction were not granted.
Zhao sought injunctive relief as an alternative to monetary damages she claimed she was owed under a contract, according to the court’s May 29 order. The court rejected that approach, citing Fifth Circuit precedent that harm is irreparable only when there is no adequate remedy at law, such as money damages.
"Harm is irreparable where there is no adequate remedy at law, such as money damages," the court said, quoting Janvey v. Alguire, 647 F.3d 585, 600 (5th Cir. 2011).
The court noted Zhao sought damages for loss of the bargain, costs, and attorneys' fees — all monetary relief. "Defendant requests injunctive relief only as an alternative to a monetary remedy," the order said. "As a result, the Court finds Defendant's remedy sounds in monetary relief — not equitable relief."
The ruling applied the four-part preliminary injunction standard from Lake Charles Diesel, Inc. v. General Motors Corp., 328 F.3d 192, 195-96 (5th Cir. 2003), which requires a movant to clearly carry the burden of persuasion on all four elements. The court found Zhao failed on the second element — irreparable harm — and did not reach the others.
"Contractual rights are not enforced by writs of injunction because irreparable harm is rarely shown when a suit for damages for breach of contract is available," the court said, quoting Hartford Fire Insurance Co. v. 4-H Ventures, No. H-07-4355, 2008 WL 11389579 (S.D. Tex. June 25, 2008).
The case is No. 6:25-cv-00076.