# Hayer v. Liverant

> District Court, N.D. California · November 22, 2022

URL: https://www.frixlaw.com/law-library/cases/10073588

## Case

- **Court:** District Court, N.D. California
- **Decided:** November 22, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10073588

## Opinion text

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

JULIA HAYER, Case No. 22-cv-05420-VC

Plaintiff,
ORDER GRANTING MOTION FOR
v. PRELIMINARY INJUNCTION

ALEX LIVERANT, Re: Dkt. No. 12
Defendant.

The motion for a preliminary injunction is granted. For good reason, Liverant does not
dispute that the irreparable harm, balance of equities, and public interest factors weigh in Hayer’s
favor. Accordingly, Hayer must show only “serious questions” going to the merits, “a lesser
showing than likelihood of success.” Fellowship of Christian Athletes v. San Jose Unified School
District Board of Education, 46 F.4th 1075, 1091 (9th Cir. 2022).
Hayer has done at least this much. She has established serious questions as to whether she
is disabled and requires an emotional support animal to cope with her disability. And she has
established serious questions as to whether Liverant effectively denied the accommodation by
approaching the interactive process in such an aggressive and overbearing manner, not to
mention by serving Hayer with a 10-day notice to cure or face eviction.
For these and all the reasons expressed at the hearing, Liverant is enjoined from requiring
Hayer to remove the animal from the premises or evicting Hayer based on the presence of the
animal while this litigation is pending.

IT IS SO ORDERED.
Dated: November 22, 2022
VINCE CHHABRIA
United States District Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10073588. Public record. Not legal advice.