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5 I and maliciously "spilled" several thousand gallons of toxic substance onto the Property fust to spite 2 Francis. 3 The uncontroverted evidence-gives every indication that Alexander is culpable for.the"spill" of 4 the caustic soda. The undisputed facts are that, after having sat undisturbed for more than ten years,the 5 caustic was mysteriously "spilled"the very day that Francis' representatives showed up to arrange for its 6 proper disposal. It is also undisputed that Alexander was finious that-Shephard had taken a sample of the 7 caustic, and that he was clearly out of control. Given Alexander's cantankerous and threatening 8 behavior, and his blatant disregard for the authority of this Court, there is every reason to suspect that he 9 caused the"spill". 10 In determining whether to modify.the Preliminary Injunction, this Court must aftMyze the balancs a 11 of hardships that will result, on the one hand to Francis if the'injunction is denied., as against the potential 12 hardship to Alexander, on the other hand, if the injunction is granted. The court"must exercise its 13 discretion `'in favor oithe party most likely to be injured':" RobbiLi5 v u e ' urt (1985) 38 Cal.3d 14 199,205. "If denial of an injunction would result in great harm to the plaintiff; and defendants would ,.� 15 suffer little harm if it were granted,then it is an abuse of discretion to fail to grant the preliminary 16 injunction." Ld. 17 If the Preliminary Injunction is modified,the hardship to Alexander will.be minimal. Under the J 18 terms of the Stipulated Preliminary Injunction, Alexander is re,Juired to vacate the Property by the erad of j19 April 1995 anyway, so the most he will lose is one month's profits from the kiwi operation. It does not :7 20 appear Alexander is even processing kiwifruit at this point,but even if he is, he can easily'quantify his z 21 lost profits. 22 On the other hand, the risk of a"spill" of the Benzene, even if remote, is so potentially .i 23 devastating to Francis and the community, that it clearly outweighs any inconvenience or.harm to 24 Alexander. This Court is already aware that several thousand gallons of.Benzene are being stored on the 25 Property. Benzene is highly toxic and explosive If the Benzene is*spilled, it could release lethal vapors 26 into the air; seep into the ground water within a matter of days, and necessitate the evacuation of the 27 surrounding residential community. In short, the presence of the Benzene poses a significant risk, not 28 only to Francis and the Property, but also to the community at large. Thus, the harm that will result from a 4