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CODE OF CIVIL PROCEDURE - CCP


PART 2. OF CIVIL ACTIONS [307 - 1062.20] ( Part 2 enacted 1872. )
TITLE 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS [501 - 574] ( Heading of Title 7 added by Stats. 1974,
Ch. 1516. )
CHAPTER 3. Injunction [525 - 534] ( Chapter 3 enacted 1872. )

525. An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the
court in which the action is brought, or by a judge thereof; and when granted by a judge, it may be enforced as
an order of the court.
(Amended by Stats. 1907, Ch. 272.)

526. (a) An injunction may be granted in the following cases:


(1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any
part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited
period or perpetually.
(2) When it appears by the complaint or affidavits that the commission or continuance of some act during the
litigation would produce waste, or great or irreparable injury, to a party to the action.
(3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is
procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the
subject of the action, and tending to render the judgment ineffectual.

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(4) When pecuniary compensation would not afford adequate relief.


(5) Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate
relief.
(6) Where the restraint is necessary to prevent a multiplicity of judicial proceedings.
(7) Where the obligation arises from a trust.
(b) An injunction cannot be granted in the following cases:
(1) To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded,
unless the restraint is necessary to prevent a multiplicity of proceedings.
(2) To stay proceedings in a court of the United States.
(3) To stay proceedings in another state upon a judgment of a court of that state.
(4) To prevent the execution of a public statute by officers of the law for the public benefit.
(5) To prevent the breach of a contract the performance of which would not be specifically enforced, other than a
contract in writing for the rendition of personal services from one to another where the promised service is of a
special, unique, unusual, extraordinary, or intellectual character, which gives it peculiar value, the loss of which
cannot be reasonably or adequately compensated in damages in an action at law, and where the compensation for
the personal services is as follows:
(A) As to contracts entered into on or before December 31, 1993, the minimum compensation provided in the
contract for the personal services shall be at the rate of six thousand dollars ($6,000) per annum.
(B) As to contracts entered into on or after January 1, 1994, the criteria of clause (i) or (ii), as follows, are
satisfied:
(i) The compensation is as follows:
(I) The minimum compensation provided in the contract shall be at the rate of nine thousand dollars ($9,000) per
annum for the first year of the contract, twelve thousand dollars ($12,000) per annum for the second year of the
contract, and fifteen thousand dollars ($15,000) per annum for the third to seventh years, inclusive, of the
contract.
(II) In addition, after the third year of the contract, there shall actually have been paid for the services through
and including the contract year during which the injunctive relief is sought, over and above the minimum

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contractual compensation specified in subclause (I), the amount of fifteen thousand dollars ($15,000) per annum
during the fourth and fifth years of the contract, and thirty thousand dollars ($30,000) per annum during the
sixth and seventh years of the contract. As a condition to petitioning for an injunction, amounts payable under this
clause may be paid at any time prior to seeking injunctive relief.
(ii) The aggregate compensation actually received for the services provided under a contract that does not meet
the criteria of subparagraph (A), is at least 10 times the applicable aggregate minimum amount specified in
subclauses (I) and (II) of clause (i) through and including the contract year during which the injunctive relief is
sought. As a condition to petitioning for an injunction, amounts payable under this subparagraph may be paid at
any time prior to seeking injunctive relief.
(C) Compensation paid in any contract year in excess of the minimums specified in clauses (i) and (ii) of
subparagraph (B) shall apply to reduce the compensation otherwise required to be paid under those provisions in
any subsequent contract years. However, an injunction may be granted to prevent the breach of a contract
entered into between any nonprofit cooperative corporation or association and a member or stockholder thereof,
in respect to any provision regarding the sale or delivery to the corporation or association of the products
produced or acquired by the member or stockholder.
(6) To prevent the exercise of a public or private office, in a lawful manner, by the person in possession.
(7) To prevent a legislative act by a municipal corporation.
(Amended by Stats. 1993, Ch. 836, Sec. 2. Effective January 1, 1994.)

526a. An action to obtain a judgment, restraining and preventing any illegal expenditure of, waste of, or injury to,
the estate, funds, or other property of a county, town, city or city and county of the state, may be maintained
against any officer thereof, or any agent, or other person, acting in its behalf, either by a citizen resident therein,
or by a corporation, who is assessed for and is liable to pay, or, within one year before the commencement of the
action, has paid, a tax therein. This section does not affect any right of action in favor of a county, city, town, or
city and county, or any public officer; provided, that no injunction shall be granted restraining the offering for sale,
sale, or issuance of any municipal bonds for public improvements or public utilities.
An action brought pursuant to this section to enjoin a public improvement project shall take special precedence
over all civil matters on the calendar of the court except those matters to which equal precedence on the calendar
is granted by law.

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(Amended by Stats. 1967, Ch. 706.)

526b. Every person or corporation bringing, instigating, exciting or abetting, any suit to obtain an injunction,
restraining or enjoining the issuance, sale, offering for sale, or delivery, of bonds, or other securities, or the
expenditure of the proceeds of the sale of such bonds or other securities, of any city, city and county, town,
county, or other district organized under the laws of this state, or any other political subdivision of this state,
proposed to be issued, sold, offered for sale or delivered by such city, city and county, town, county, district or
other political subdivision, for the purpose of acquiring, constructing, completing, improving or extending water
works, electric works, gas works or other public utility works or property, shall, if the injunction sought is finally
denied, and if such person or corporation owns, controls, or is operating or interested in, a public utility business
of the same nature as that for which such bonds or other securities are proposed to be issued, sold, offered for
sale, or delivered, be liable to the defendant for all costs, damages and necessary expenses resulting to such
defendant by reason of the filing of such suit.
(Added by Stats. 1921, Ch. 384.)

527. (a) A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon
affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds
exist therefor. No preliminary injunction shall be granted without notice to the opposing party.
(b) A temporary restraining order or a preliminary injunction, or both, may be granted in a class action, in which
one or more of the parties sues or defends for the benefit of numerous parties upon the same grounds as in other
actions, whether or not the class has been certified.
(c) No temporary restraining order shall be granted without notice to the opposing party, unless both of the
following requirements are satisfied:
(1) It appears from facts shown by affidavit or by the verified complaint that great or irreparable injury will result
to the applicant before the matter can be heard on notice.
(2) The applicant or the applicants attorney certifies one of the following to the court under oath:
(A) That within a reasonable time prior to the application the applicant informed the opposing party or the
opposing partys attorney at what time and where the application would be made.
(B) That the applicant in good faith attempted but was unable to inform the opposing party and the opposing

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partys attorney, specifying the efforts made to contact them.


(C) That for reasons specified the applicant should not be required to so inform the opposing party or the
opposing partys attorney.
(d) In case a temporary restraining order is granted without notice in the contingency specified in subdivision (c):
(1) The matter shall be made returnable on an order requiring cause to be shown why a preliminary injunction
should not be granted, on the earliest day that the business of the court will admit of, but not later than 15 days
or, if good cause appears to the court, 22 days from the date the temporary restraining order is issued.
(2) The party who obtained the temporary restraining order shall, within five days from the date the temporary
restraining order is issued or two days prior to the hearing, whichever is earlier, serve on the opposing party a
copy of the complaint if not previously served, the order to show cause stating the date, time, and place of the
hearing, any affidavits to be used in the application, and a copy of the points and authorities in support of the
application. The court may for good cause, on motion of the applicant or on its own motion, shorten the time
required by this paragraph for service on the opposing party.
(3) When the matter first comes up for hearing, if the party who obtained the temporary restraining order is not
ready to proceed, or if the party has failed to effect service as required by paragraph (2), the court shall dissolve
the temporary restraining order.
(4) The opposing party is entitled to one continuance for a reasonable period of not less than 15 days or any
shorter period requested by the opposing party, to enable the opposing party to meet the application for a
preliminary injunction. If the opposing party obtains a continuance under this paragraph, the temporary
restraining order shall remain in effect until the date of the continued hearing.
(5) Upon the filing of an affidavit by the applicant that the opposing party could not be served within the time
required by paragraph (2), the court may reissue any temporary restraining order previously issued. The reissued
order shall be made returnable as provided by paragraph (1), with the time for hearing measured from the date
of reissuance. No fee shall be charged for reissuing the order.
(e) The opposing party may, in response to an order to show cause, present affidavits relating to the granting of
the preliminary injunction, and if the affidavits are served on the applicant at least two days prior to the hearing,
the applicant shall not be entitled to any continuance on account thereof. On the day the order is made
returnable, the hearing shall take precedence over all other matters on the calendar of the day, except older
matters of the same character, and matters to which special precedence may be given by law. When the cause is

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at issue it shall be set for trial at the earliest possible date and shall take precedence over all other cases, except
older matters of the same character, and matters to which special precedence may be given by law.
(f) Notwithstanding failure to satisfy the time requirements of this section, the court may nonetheless hear the
order to show cause why a preliminary injunction should not be granted if the moving and supporting papers are
served within the time required by Section 1005 and one of the following conditions is satisfied:
(1) The order to show cause is issued without a temporary restraining order.
(2) The order to show cause is issued with a temporary restraining order, but is either not set for hearing within
the time required by paragraph (1) of subdivision (d), or the party who obtained the temporary restraining order
fails to effect service within the time required by paragraph (2) of subdivision (d).
(g) This section does not apply to an order issued under the Family Code.
(h) As used in this section:
(1) Complaint means a complaint or a cross-complaint.
(2) Court means the court in which the action is pending.
(Amended by Stats. 2000, Ch. 688, Sec. 4. Effective January 1, 2001.)

527.3. (a) In order to promote the rights of workers to engage in concerted activities for the purpose of collective
bargaining, picketing or other mutual aid or protection, and to prevent the evils which frequently occur when
courts interfere with the normal processes of dispute resolution between employers and recognized employee
organizations, the equity jurisdiction of the courts in cases involving or growing out of a labor dispute shall be no
broader than as set forth in subdivision (b) of this section, and the provisions of subdivision (b) of this section shall
be strictly construed in accordance with existing law governing labor disputes with the purpose of avoiding any
unnecessary judicial interference in labor disputes.
(b) The acts enumerated in this subdivision, whether performed singly or in concert, shall be legal, and no court
nor any judge nor judges thereof, shall have jurisdiction to issue any restraining order or preliminary or
permanent injunction which, in specific or general terms, prohibits any person or persons, whether singly or in
concert, from doing any of the following:
(1) Giving publicity to, and obtaining or communicating information regarding the existence of, or the facts
involved in, any labor dispute, whether by advertising, speaking, patrolling any public street or any place where

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any person or persons may lawfully be, or by any other method not involving fraud, violence or breach of the
peace.
(2) Peaceful picketing or patrolling involving any labor dispute, whether engaged in singly or in numbers.
(3) Assembling peaceably to do any of the acts specified in paragraphs (1) and (2) or to promote lawful interests.
(4) Except as provided in subparagraph (iv), for purposes of this section, labor dispute is defined as follows:
(i) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are
engaged in the same industry, trade, craft, or occupation; or have direct or indirect interests therein; or who are
employees of the same employer; or who are members of the same or an affiliated organization of employers or
employees; whether such dispute is (a) between one or more employers or associations of employers and one or
more employees or associations of employees; (b) between one or more employers or associations of employers
and one or more employers or associations of employers; or (c) between one or more employees or associations
of employees and one or more employees or associations of employees; or when the case involves any conflicting
or competing interests in a labor dispute of persons participating or interested therein (as defined in
subparagraph (ii)).
(ii) A person or association shall be held to be a person participating or interested in a labor dispute if relief is
sought against him or it, and if he or it is engaged in the same industry, trade, craft, or occupation in which such
dispute occurs, or has a direct or indirect interest therein, or is a member, officer, or agent of any association
composed in whole or in part of employers or employees engaged in such industry, trade, craft, or occupation.
(iii) The term labor dispute includes any controversy concerning terms or conditions of employment, or
concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to
arrange terms or conditions of employment regardless of whether or not the disputants stand in the proximate
relation of employer and employee.
(iv) The term labor dispute does not include a jurisdictional strike as defined in Section 1118 of the Labor Code.
(c) Nothing contained in this section shall be construed to alter or supersede the provisions of Chapter 1 of the
197576 Third Extraordinary Session, and to the extent of any conflict between the provisions of this act and that
chapter, the provisions of the latter shall prevail.
(d) Nothing contained in this section shall be construed to alter the legal rights of public employees or their
employers, nor shall this section alter the rights of parties to collective-bargaining agreements under the
provisions of Section 1126 of the Labor Code.

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(e) It is not the intent of this section to permit conduct that is unlawful including breach of the peace, disorderly
conduct, the unlawful blocking of access or egress to premises where a labor dispute exists, or other similar
unlawful activity.
(Added by Stats. 1975, Ch. 1156.)

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527.6. (a) (1) A person who has suffered harassment as defined in subdivision (b) may seek a temporary
restraining order and an injunction prohibiting harassment as provided in this section.
(2) A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be
permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for a
temporary restraining order or injunction, or both, under this section as provided in Section 374.
(b) For the purposes of this section:
(1) Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short,
evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls
to an individual, or sending harassing correspondence to an individual by any means, including, but not limited to,
the use of public or private mails, interoffice mail, facsimile, or computer email. Constitutionally protected activity
is not included within the meaning of course of conduct.
(2) Credible threat of violence is a knowing and willful statement or course of conduct that would place a
reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no
legitimate purpose.
(3) Harassment is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct
directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate
purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional
distress, and must actually cause substantial emotional distress to the petitioner.
(4) Petitioner means the person to be protected by the temporary restraining order and injunction and, if the
court grants the petition, the protected person.
(5) Respondent means the person against whom the temporary restraining order and injunction are sought and,
if the petition is granted, the restrained person.
(6) Temporary restraining order and injunction mean orders that include any of the following restraining
orders, whether issued ex parte or after notice and hearing:
(A) An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening,
sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls,
as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or
indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the petitioner.

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(B) An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders
described in subparagraph (A).
(7) Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but
shall not include lawful acts of self-defense or defense of others.
(c) In the discretion of the court, on a showing of good cause, a temporary restraining order or injunction issued
under this section may include other named family or household members.
(d) Upon filing a petition for an injunction under this section, the petitioner may obtain a temporary restraining
order in accordance with Section 527, except to the extent this section provides a rule that is inconsistent. The
temporary restraining order may include any of the restraining orders described in paragraph (6) of subdivision
(b). A temporary restraining order may be issued with or without notice, based on a declaration that, to the
satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that
great or irreparable harm would result to the petitioner.
(e) A request for the issuance of a temporary restraining order without notice under this section shall be granted
or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day
to permit effective review, in which case the order shall be granted or denied on the next day of judicial business
in sufficient time for the order to be filed that day with the clerk of the court.
(f) A temporary restraining order issued under this section shall remain in effect, at the courts discretion, for a
period not to exceed 21 days, or, if the court extends the time for hearing under subdivision (g), not to exceed 25
days, unless otherwise modified or terminated by the court.
(g) Within 21 days, or, if good cause appears to the court, 25 days from the date that a petition for a temporary
order is granted or denied, a hearing shall be held on the petition for the injunction. If no request for temporary
orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the
date that the petition is filed.
(h) The respondent may file a response that explains, excuses, justifies, or denies the alleged harassment or may
file a cross-petition under this section.
(i) At the hearing, the judge shall receive any testimony that is relevant, and may make an independent inquiry. If
the judge finds by clear and convincing evidence that unlawful harassment exists, an injunction shall issue
prohibiting the harassment.
(j) (1) In the discretion of the court, an order issued after notice and hearing under this section may have a

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duration of not more than five years, subject to termination or modification by further order of the court either on
written stipulation filed with the court or on the motion of a party. The order may be renewed, upon the request of
a party, for a duration of not more than five additional years, without a showing of any further harassment since
the issuance of the original order, subject to termination or modification by further order of the court either on
written stipulation filed with the court or on the motion of a party. A request for renewal may be brought at any
time within the three months before the expiration of the order.
(2) The failure to state the expiration date on the face of the form creates an order with a duration of three years
from the date of issuance.
(3) If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date
specified in the order by a party other than the protected party, the party who is protected by the order shall be
given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected
party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the
Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be
notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion
to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be
properly noticed and may, upon a showing of good cause, specify another method for service of process that is
reasonably designed to afford actual notice to the protected party. The protected party may waive his or her right
to notice if he or she is physically present in court and does not challenge the sufficiency of the notice.
(k) This section does not preclude either party from representation by private counsel or from appearing on the
partys own behalf.
(l) In a proceeding under this section if there are allegations of unlawful violence or credible threats of violence, a
support person may accompany a party in court and, if the party is not represented by an attorney, may sit with
the party at the table that is generally reserved for the party and the partys attorney. The support person is
present to provide moral and emotional support for a person who alleges he or she is a victim of violence. The
support person is not present as a legal adviser and may not provide legal advice. The support person may assist
the person who alleges he or she is a victim of violence in feeling more confident that he or she will not be injured
or threatened by the other party during the proceedings if the person who alleges he or she is a victim of violence
and the other party are required to be present in close proximity. This subdivision does not preclude the court
from exercising its discretion to remove the support person from the courtroom if the court believes the support
person is prompting, swaying, or influencing the party assisted by the support person.

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(m) Upon the filing of a petition for an injunction under this section, the respondent shall be personally served
with a copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall
be made at least five days before the hearing. The court may for good cause, on motion of the petitioner or on its
own motion, shorten the time for service on the respondent.
(n) A notice of hearing under this section shall notify the respondent that if he or she does not attend the hearing,
the court may make orders against him or her that could last up to three years.
(o) (1) The court may, upon the filing of a declaration by the petitioner that the respondent could not be served
within the time required by statute, reissue an order previously issued and dissolved by the court for failure to
serve the respondent. The reissued order shall remain in effect until the date set for the hearing.
(2) The reissued order shall state on its face the date of expiration of the order.
(p) (1) If a respondent, named in a restraining order issued after a hearing, has not been served personally with
the order but has received actual notice of the existence and substance of the order through personal appearance
in court to hear the terms of the order from the court, no additional proof of service is required for enforcement of
the order.
(2) If the respondent named in a temporary restraining order is personally served with the order and notice of
hearing with respect to a restraining order or protective order based on the temporary restraining order, but the
respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are identical to the temporary restraining order,
except for the duration of the order, then the restraining order or protective order issued at the hearing may be
served on the respondent by first-class mail sent to the respondent at the most current address for the
respondent available to the court.
(3) The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in
substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not
appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary
restraining order except for the expiration date is issued at the hearing, a copy of the restraining order will be
served on you by mail at the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a

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restraining order at the hearing without substantive change and to find out the duration of that order, contact the
clerk of the court.
(q) (1) Information on any temporary restraining order or injunction relating to civil harassment issued by a court
pursuant to this section shall be transmitted to the Department of Justice in accordance with either paragraph (2)
or (3).
(2) The court shall order the petitioner or the attorney for the petitioner to deliver a copy of an order issued under
this section, or reissuance, extension, modification, or termination of the order, and any subsequent proof of
service, by the close of the business day on which the order, reissuance, extension, modification, or termination
was made, to a law enforcement agency having jurisdiction over the residence of the petitioner and to any
additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3) Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all
information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under
this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of
service, by either one of the following methods:
(A) Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by
the Department of Justice to enter orders into the California Law Enforcement Telecommunications System
(CLETS).
(B) With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4) Each appropriate law enforcement agency shall make available information as to the existence and current
status of these orders to law enforcement officers responding to the scene of reported harassment.
(5) An order issued under this section shall, on request of the petitioner, be served on the respondent, whether or
not the respondent has been taken into custody, by any law enforcement officer who is present at the scene of
reported harassment involving the parties to the proceeding. The petitioner shall provide the officer with an
endorsed copy of the order and a proof of service that the officer shall complete and send to the issuing court.
(6) Upon receiving information at the scene of an incident of harassment that a protective order has been issued
under this section, or that a person who has been taken into custody is the subject of an order, if the protected
person cannot produce a certified copy of the order, a law enforcement officer shall immediately attempt to verify
the existence of the order.

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(7) If the law enforcement officer determines that a protective order has been issued, but not served, the officer
shall immediately notify the respondent of the terms of the order and shall at that time also enforce the order.
Verbal notice of the terms of the order shall constitute service of the order and is sufficient notice for the purposes
of this section and for the purposes of Section 29825 of the Penal Code.
(r) The prevailing party in any action brought under this section may be awarded court costs and attorneys fees,
if any.
(s) Any willful disobedience of any temporary restraining order or injunction granted under this section is
punishable pursuant to Section 273.6 of the Penal Code.
(t) (1) A person subject to a protective order issued under this section shall not own, possess, purchase, receive,
or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2) The court shall order a person subject to a protective order issued under this section to relinquish any firearms
he or she owns or possesses pursuant to Section 527.9.
(3) Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm or
ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(u) This section does not apply to any action or proceeding covered by Title 1.6C (commencing with Section 1788)
of Part 4 of Division 3 of the Civil Code or by Division 10 (commencing with Section 6200) of the Family Code. This
section does not preclude a petitioner from using other existing civil remedies.
(v) (1) The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this
section. The petition and response forms shall be simple and concise, and their use by parties in actions brought
pursuant to this section shall be mandatory.
(2) A temporary restraining order or injunction relating to civil harassment issued by a court pursuant to this
section shall be issued on forms adopted by the Judicial Council of California and that have been approved by the
Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on forms adopted by the Judicial Council and
approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(w) There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against the
petitioner, or stalked the petitioner, or acted or spoken in any other manner that has placed the petitioner in
reasonable fear of violence, and that seeks a protective or restraining order or injunction restraining stalking or
future violence or threats of violence, in any action brought pursuant to this section. No fee shall be paid for a

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subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a response to a
petition alleging these acts.
(x) (1) Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no
fee for the service of process by a sheriff or marshal of a protective order, restraining order, or injunction to be
issued, if either of the following conditions applies:
(A) The protective order, restraining order, or injunction issued pursuant to this section is based upon stalking, as
prohibited by Section 646.9 of the Penal Code.
(B) The protective order, restraining order, or injunction issued pursuant to this section is based upon unlawful
violence or a credible threat of violence.
(2) The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services
described in this subdivision.
(y) This section shall become operative on July 1, 2014.
(Repealed (in Sec. 1) and added by Stats. 2013, Ch. 158, Sec. 2. Effective January 1, 2014. Section operative July 1, 2014, by its
own provisions.)

527.7. (a) It shall be unlawful for any group, association, organization, society, or other assemblage of two or
more persons to meet and to advocate, and to take substantial action in furtherance of, the commission of an
unlawful act of violence or force directed to and likely to produce the imminent and unlawful infliction of serious
bodily injury or death of another person within this state.
(b) Whenever it reasonably appears that any group, association, society, or other assemblage of two or more
persons has met and taken substantial action in furtherance of the commission of an act of violence made unlawful
by subdivision (a) and will engage in those acts in the future, any aggrieved individual may bring a civil action in
the superior court to enjoin the advocacy of the commission of any act of violence made unlawful by subdivision
(a) at any future meeting or meetings. Upon a proper showing by clear and convincing evidence, a permanent or
preliminary injunction, restraining order, or writ of mandate shall be granted.
(c) Whenever it appears that an action brought under this section was groundless and brought in bad faith for the
purpose of harassment, the trial court or any appellate court may award to the defendant attorneys fees and
court costs incurred for the purpose of defending the action.
(Added by Stats. 1982, Ch. 1624, Sec. 1.)

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527.8. (a) Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any
individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may
seek a temporary restraining order and an injunction on behalf of the employee and, at the discretion of the
court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces
of the employer.
(b) For the purposes of this section:
(1) Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however short,
evidencing a continuity of purpose, including following or stalking an employee to or from the place of work;
entering the workplace; following an employee during hours of employment; making telephone calls to an
employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the
public or private mails, interoffice mail, facsimile, or computer email.
(2) Credible threat of violence is a knowing and willful statement or course of conduct that would place a
reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no
legitimate purpose.
(3) Employer and employee mean persons defined in Section 350 of the Labor Code. Employer also includes
a federal agency, the state, a state agency, a city, county, or district, and a private, public, or quasi-public
corporation, or any public agency thereof or therein. Employee also includes the members of boards of directors
of private, public, and quasi-public corporations and elected and appointed public officers. For purposes of this
section only, employee also includes a volunteer or independent contractor who performs services for the
employer at the employers worksite.
(4) Petitioner means the employer that petitions under subdivision (a) for a temporary restraining order and
injunction.
(5) Respondent means the person against whom the temporary restraining order and injunction are sought and,
if the petition is granted, the restrained person.
(6) Temporary restraining order and injunction mean orders that include any of the following restraining
orders, whether issued ex parte or after notice and hearing:
(A) An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening,
sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls
as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or

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indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the employee.
(B) An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders
described in subparagraph (A).
(7) Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but
shall not include lawful acts of self-defense or defense of others.
(c) This section does not permit a court to issue a temporary restraining order or injunction prohibiting speech or
other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provision
of law.
(d) In the discretion of the court, on a showing of good cause, a temporary restraining order or injunction issued
under this section may include other named family or household members, or other persons employed at the
employees workplace or workplaces.
(e) Upon filing a petition for an injunction under this section, the petitioner may obtain a temporary restraining
order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the
satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible
threat of violence by the respondent, and that great or irreparable harm would result to an employee. The
temporary restraining order may include any of the protective orders described in paragraph (6) of subdivision
(b).
(f) A request for the issuance of a temporary restraining order without notice under this section shall be granted
or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day
to permit effective review, in which case the order shall be granted or denied on the next day of judicial business
in sufficient time for the order to be filed that day with the clerk of the court.
(g) A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a
period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25
days, unless otherwise modified or terminated by the court.
(h) Within 21 days, or if good cause appears to the court, 25 days from the date that a petition for a temporary
order is granted or denied, a hearing shall be held on the petition for the injunction. If no request for temporary
orders is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days, from the
date that the petition is filed.
(i) The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or

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credible threats of violence.


(j) At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry.
Moreover, if the respondent is a current employee of the entity requesting the injunction, the judge shall receive
evidence concerning the employers decision to retain, terminate, or otherwise discipline the respondent. If the
judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible
threat of violence, an injunction shall issue prohibiting further unlawful violence or threats of violence.
(k) (1) In the discretion of the court, an order issued after notice and hearing under this section may have a
duration of not more than three years, subject to termination or modification by further order of the court either
on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years, without a showing of any further violence or
threats of violence since the issuance of the original order, subject to termination or modification by further order
of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal
may be brought at any time within the three months before the expiration of the order.
(2) The failure to state the expiration date on the face of the form creates an order with a duration of three years
from the date of issuance.
(3) If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date
specified in the order by a party other than the protected party, the party who is protected by the order shall be
given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected
party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the
Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be
notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion
to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be
properly noticed and may, upon a showing of good cause, specify another method for service of process that is
reasonably designed to afford actual notice to the protected party. The protected party may waive his or her right
to notice if he or she is physically present in court and does not challenge the sufficiency of the notice.
(l) This section does not preclude either party from representation by private counsel or from appearing on his or
her own behalf.
(m) Upon filing of a petition for an injunction under this section, the respondent shall be personally served with a
copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be
made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its

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own motion, shorten the time for service on the respondent.


(n) A notice of hearing under this section shall notify the respondent that, if he or she does not attend the
hearing, the court may make orders against him or her that could last up to three years.
(o) (1) The court may, upon the filing of a declaration by the petitioner that the respondent could not be served
within the time required by statute, reissue an order previously issued and dissolved by the court for failure to
serve the respondent. The reissued order shall remain in effect until the date set for the hearing.
(2) The reissued order shall state on its face the date of expiration of the order.
(p) (1) If a respondent, named in a restraining order issued under this section after a hearing, has not been
served personally with the order but has received actual notice of the existence and substance of the order
through personal appearance in court to hear the terms of the order from the court, no additional proof of service
is required for enforcement of the order.
(2) If the respondent named in a temporary restraining order is personally served with the order and notice of
hearing with respect to a restraining order or protective order based on the temporary restraining order, but the
person does not appear at the hearing, either personally or by an attorney, and the terms and conditions of the
restraining order or protective order issued at the hearing are identical to the temporary restraining order, except
for the duration of the order, then the restraining order or protective order issued at the hearing may be served
on the person by first-class mail sent to that person at the most current address for the person available to the
court.
(3) The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in
substantially the following form:
If you have been personally served with this temporary restraining order and notice of hearing, but you do not
appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this restraining
order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at
the following address: ____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a
restraining order at the hearing without substantive change and to find out the duration of that order, contact the
clerk of the court.

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(q) (1) Information on any temporary restraining order or injunction relating to workplace violence issued by a
court pursuant to this section shall be transmitted to the Department of Justice in accordance with either
paragraph (2) or (3).
(2) The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued
under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof
of service, by the close of the business day on which the order, reissuance, extension, modification, or termination
was made, to each law enforcement agency having jurisdiction over the residence of the petitioner and to any
additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3) Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all
information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under
this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of
service, by either one of the following methods:
(A) Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by
the Department of Justice to enter orders into the California Law Enforcement Telecommunications System
(CLETS).
(B) With the approval of the Department of Justice, entering the order or proof of service into CLETS directly.
(4) Each appropriate law enforcement agency shall make available information as to the existence and current
status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a
credible threat of violence.
(5) At the request of the petitioner, an order issued under this section shall be served on the respondent,
regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present
at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings.
The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer
shall complete and send to the issuing court.
(6) Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that
a protective order has been issued under this section, or that a person who has been taken into custody is the
subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law
enforcement officer shall immediately attempt to verify the existence of the order.
(7) If the law enforcement officer determines that a protective order has been issued, but not served, the officer

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shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law
enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into
custody for acts in violation of the order that were committed prior to the verbal notice of the terms and
conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute
service of the order and constitutes sufficient notice for the purposes of this section and for the purposes of
Section 29825 of the Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents
mailing address provided to the law enforcement officer within one business day of the reported incident of
unlawful violence or a credible threat of violence at which a verbal notice of the terms of the order was provided
by a law enforcement officer.
(r) (1) A person subject to a protective order issued under this section shall not own, possess, purchase, receive,
or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2) The court shall order a person subject to a protective order issued under this section to relinquish any firearms
he or she owns or possesses pursuant to Section 527.9.
(3) Every person who owns, possesses, purchases or receives, or attempts to purchase or receive a firearm or
ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(s) Any intentional disobedience of any temporary restraining order or injunction granted under this section is
punishable pursuant to Section 273.6 of the Penal Code.
(t) Nothing in this section may be construed as expanding, diminishing, altering, or modifying the duty, if any, of
an employer to provide a safe workplace for employees and other persons.
(u) (1) The Judicial Council shall develop forms, instructions, and rules for relating to matters governed by this
section. The forms for the petition and response shall be simple and concise, and their use by parties in actions
brought pursuant to this section shall be mandatory.
(2) A temporary restraining order or injunction relating to unlawful violence or a credible threat of violence issued
by a court pursuant to this section shall be issued on forms adopted by the Judicial Council of California and that
have been approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code.
However, the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the
Judicial Council and approved by the Department of Justice shall not, in and of itself, make the order
unenforceable.
(v) There is no filing fee for a petition that alleges that a person has inflicted or threatened violence against an

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employee of the petitioner, or stalked the employee, or acted or spoken in any other manner that has placed the
employee in reasonable fear of violence, and that seeks a protective or restraining order or injunction restraining
stalking or future violence or threats of violence, in any action brought pursuant to this section. No fee shall be
paid for a subpoena filed in connection with a petition alleging these acts. No fee shall be paid for filing a response
to a petition alleging these acts.
(w) (1) Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no
fee for the service of process by a sheriff or marshal of a temporary restraining order or injunction to be issued
pursuant to this section if either of the following conditions applies:
(A) The temporary restraining order or injunction issued pursuant to this section is based upon stalking, as
prohibited by Section 646.9 of the Penal Code.
(B) The temporary restraining order or injunction issued pursuant to this section is based on unlawful violence or a
credible threat of violence.
(2) The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services
described in this subdivision.
(Amended by Stats. 2012, Ch. 162, Sec. 13. Effective January 1, 2013.)

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527.85. (a) Any chief administrative officer of a postsecondary educational institution, or an officer or employee
designated by the chief administrative officer to maintain order on the school campus or facility, a student of which
has suffered a credible threat of violence made off the school campus or facility from any individual, which can
reasonably be construed to be carried out or to have been carried out at the school campus or facility, may, with
the written consent of the student, seek a temporary restraining order and an injunction, on behalf of the student
and, at the discretion of the court, any number of other students at the campus or facility who are similarly
situated.
(b) For the purposes of this section, the following definitions shall apply:
(1) Chief administrative officer means the principal, president, or highest ranking official of the postsecondary
educational institution.
(2) Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however
short, evidencing a continuity of purpose, including any of the following:
(A) Following or stalking a student to or from school.
(B) Entering the school campus or facility.
(C) Following a student during school hours.
(D) Making telephone calls to a student.
(E) Sending correspondence to a student by any means, including, but not limited to, the use of the public or
private mails, interoffice mail, facsimile, or computer email.
(3) Credible threat of violence means a knowing and willful statement or course of conduct that would place a
reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no
legitimate purpose.
(4) Petitioner means the chief administrative officer, or his or her designee, who petitions under subdivision (a)
for a temporary restraining order and injunction.
(5) Postsecondary educational institution means a private institution of vocational, professional, or postsecondary
education.
(6) Respondent means the person against whom the temporary restraining order and injunction are sought and,
if the petition is granted, the restrained person.

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(7) Student means an adult currently enrolled in or applying for admission to a postsecondary educational
institution.
(8) Temporary restraining order and injunction mean orders that include any of the following restraining
orders, whether issued ex parte, or after notice and hearing:
(A) An order enjoining a party from harassing, intimidating, molesting, attacking, striking, stalking, threatening,
sexually assaulting, battering, abusing, telephoning, including, but not limited to, making annoying telephone calls
as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or
indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of, the student.
(B) An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders
described in subparagraph (A).
(9) Unlawful violence means any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code,
but shall not include lawful acts of self-defense or defense of others.
(c) This section does not permit a court to issue a temporary restraining order or injunction prohibiting speech or
other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provision
of law.
(d) In the discretion of the court, on a showing of good cause, a temporary restraining order or injunction issued
under this section may include other named family or household members of the student, or other students at the
campus or facility.
(e) Upon filing a petition for an injunction under this section, the petitioner may obtain a temporary restraining
order in accordance with subdivision (a) of Section 527, if the petitioner also files a declaration that, to the
satisfaction of the court, shows reasonable proof that a student has suffered a credible threat of violence made off
the school campus or facility by the respondent, and that great or irreparable harm would result to the student.
The temporary restraining order may include any of the protective orders described in paragraph (8) of
subdivision (b).
(f) A request for the issuance of a temporary restraining order without notice under this section shall be granted
or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day
to permit effective review, in which case the order shall be granted or denied on the next day of judicial business
in sufficient time for the order to be filed that day with the clerk of the court.
(g) A temporary restraining order granted under this section shall remain in effect, at the courts discretion, for a

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period not to exceed 21 days, or if the court extends the time for hearing under subdivision (h), not to exceed 25
days, unless otherwise modified or terminated by the court.
(h) Within 21 days, or if good cause appears to the court, within 25 days, from the date that a petition for a
temporary order is granted or denied, a hearing shall be held on the petition for the injunction. If no request for
temporary orders is made, the hearing shall be held within 21 days, or if good cause appears to the court, 25
days, from the date the petition is filed.
(i) The respondent may file a response that explains, excuses, justifies, or denies the alleged credible threats of
violence.
(j) At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry.
Moreover, if the respondent is a current student of the entity requesting the injunction, the judge shall receive
evidence concerning the decision of the postsecondary educational institution decision to retain, terminate, or
otherwise discipline the respondent. If the judge finds by clear and convincing evidence that the respondent made
a credible threat of violence off the school campus or facility, an injunction shall be issued prohibiting further
threats of violence.
(k) (1) In the discretion of the court, an order issued after notice and hearing under this section may have a
duration of not more than three years, subject to termination or modification by further order of the court either
on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years, without a showing of any further violence or
threats of violence since the issuance of the original order, subject to termination or modification by further order
of the court either on written stipulation filed with the court or on the motion of a party. The request for renewal
may be brought at any time within the three months before the expiration of the order.
(2) The failure to state the expiration date on the face of the form creates an order with a duration of three years
from the date of issuance.
(3) If an action is filed for the purpose of terminating or modifying a protective order prior to the expiration date
specified in the order by a party other than the protected party, the party who is protected by the order shall be
given notice, pursuant to subdivision (b) of Section 1005, of the proceeding by personal service or, if the protected
party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the
Government Code, by service on the Secretary of State. If the party who is protected by the order cannot be
notified prior to the hearing for modification or termination of the protective order, the court shall deny the motion
to modify or terminate the order without prejudice or continue the hearing until the party who is protected can be

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properly noticed and may, upon a showing of good cause, specify another method for service of process that is
reasonably designed to afford actual notice to the protected party. The protected party may waive his or her right
to notice if he or she is physically present in court and does not challenge the sufficiency of the notice.
(l) This section does not preclude either party from representation by private counsel or from appearing on his or
her own behalf.
(m) Upon filing of a petition for an injunction under this section, the respondent shall be personally served with a
copy of the petition, temporary restraining order, if any, and notice of hearing of the petition. Service shall be
made at least five days before the hearing. The court may, for good cause, on motion of the petitioner or on its
own motion, shorten the time for service on the respondent.
(n) A notice of hearing under this section shall notify the respondent that if he or she does not attend the hearing,
the court may make orders against him or her that could last up to three years.
(o) (1) The court may, upon the filing of a declaration by the petitioner that the respondent could not be served
within the time required by statute, reissue an order previously issued and dissolved by the court for failure to
serve the respondent. The reissued order shall remain in effect until the date set for the hearing.
(2) The reissued order shall state on its face the date of expiration of the order.
(p) (1) If a respondent, named in an order issued under this section after a hearing, has not been served
personally with the order but has received actual notice of the existence and substance of the order through
personal appearance in court to hear the terms of the order from the court, no additional proof of service is
required for enforcement of the order.
(2) If the respondent named in a temporary restraining order is personally served with the order and notice of
hearing with respect to a restraining order or protective order based on the temporary restraining order, but the
respondent does not appear at the hearing, either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are identical to the temporary restraining order,
except for the duration of the order, then the restraining order or protective order issued at the hearing may be
served on the respondent by first-class mail sent to that person at the most current address for the respondent
available to the court.
(3) The Judicial Council form for temporary orders issued pursuant to this subdivision shall contain a statement in
substantially the following form:

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If you have been personally served with a temporary restraining order and notice of hearing, but you do not
appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this temporary
restraining order except for the expiration date is issued at the hearing, a copy of the order will be served on you
by mail at the following address:____.
If that address is not correct or you wish to verify that the temporary restraining order was converted to a
restraining order at the hearing without substantive change and to find out the duration of that order, contact the
clerk of the court.
(q) (1) Information on any temporary restraining order or injunction relating to schoolsite violence issued by a
court pursuant to this section shall be transmitted to the Department of Justice in accordance with either
paragraph (2) or (3).
(2) The court shall order the petitioner or the attorney for the petitioner to deliver a copy of any order issued
under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof
of service, by the close of the business day on which the order, reissuance, or termination of the order, and any
proof of service, was made, to each law enforcement agency having jurisdiction over the residence of the petition
and to any additional law enforcement agencies within the courts discretion as are requested by the petitioner.
(3) Alternatively, the court or its designee shall transmit, within one business day, to law enforcement personnel all
information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under
this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of
service, by either one of the following methods:
(A) Transmitting a physical copy of the order or proof of service to a local law enforcement agency authorized by
the Department of Justice to enter orders into the California Law Enforcement Telecommunications System
(CLETS).
(B) With the approval of the Department of Justice, entering the order of proof of service into CLETS directly.
(4) Each appropriate law enforcement agency shall make available information as to the existence and current
status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a
credible threat of violence.
(5) At the request of the petitioner, an order issued under this section shall be served on the respondent,
regardless of whether the respondent has been taken into custody, by any law enforcement officer who is present

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at the scene of reported unlawful violence or a credible threat of violence involving the parties to the proceedings.
The petitioner shall provide the officer with an endorsed copy of the order and proof of service that the officer
shall complete and send to the issuing court.
(6) Upon receiving information at the scene of an incident of unlawful violence or a credible threat of violence that
a protective order has been issued under this section, or that a person who has been taken into custody is the
subject of an order, if the petitioner or the protected person cannot produce an endorsed copy of the order, a law
enforcement officer shall immediately attempt to verify the existence of the order.
(7) If the law enforcement officer determines that a protective order has been issued, but not served, the officer
shall immediately notify the respondent of the terms of the order and obtain the respondents address. The law
enforcement officer shall at that time also enforce the order, but may not arrest or take the respondent into
custody for acts in violation of the order that were committed prior to the verbal notice of the terms and
conditions of the order. The law enforcement officers verbal notice of the terms of the order shall constitute
service of the order and constitutes sufficient notice for the purposes of this section, and Section 29825 of the
Penal Code. The petitioner shall mail an endorsed copy of the order to the respondents mailing address provided
to the law enforcement officer within one business day of the reported incident of unlawful violence or a credible
threat of violence at which a verbal notice of the terms of the order was provided by a law enforcement officer.
(r) (1) A person subject to a protective order issued under this section shall not own, possess, purchase, receive,
or attempt to purchase or receive a firearm or ammunition while the protective order is in effect.
(2) The court shall order a person subject to a protective order issued under this section to relinquish any firearms
he or she owns or possesses pursuant to Section 527.9.
(3) Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive a firearm or
ammunition while the protective order is in effect is punishable pursuant to Section 29825 of the Penal Code.
(s) Any intentional disobedience of any temporary restraining order or injunction granted under this section is
punishable pursuant to Section 273.6 of the Penal Code.
(t) Nothing in this section may be construed as expanding, diminishing, altering, or modifying the duty, if any, of a
postsecondary educational institution to provide a safe environment for students and other persons.
(u) (1) The Judicial Council shall develop forms, instructions, and rules relating to matters governed by this
section. The forms for the petition and response shall be simple and concise, and their use by parties in actions
brought pursuant to this section shall be mandatory.

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(2) A temporary restraining order or injunction relating to unlawful violence or a credible threat of violence issued
by a court pursuant to this section shall be issued on forms adopted by the Judicial Council and that have been
approved by the Department of Justice pursuant to subdivision (i) of Section 6380 of the Family Code. However,
the fact that an order issued by a court pursuant to this section was not issued on forms adopted by the Judicial
Council and approved by the Department of Justice shall not, in and of itself, make the order unenforceable.
(v) There is no filing fee for a petition that alleges that a person has threatened violence against a student of the
petitioner, or stalked the student, or acted or spoken in any other manner that has placed the student in
reasonable fear of violence, and that seeks a protective or restraining order or injunction restraining stalking or
future threats of violence, in any action brought pursuant to this section. No fee shall be paid for a subpoena filed
in connection with a petition alleging these acts. No fee shall be paid for filing a response to a petition alleging
these acts.
(w) (1) Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall be no
fee for the service of process by a sheriff or marshal of a temporary restraining order or injunction to be issued
pursuant to this section if either of the following conditions applies:
(A) The temporary restraining order or injunction issued pursuant to this section is based upon stalking, as
prohibited by Section 646.9 of the Penal Code.
(B) The temporary restraining order or injunction issued pursuant to this section is based upon a credible threat of
violence.
(2) The Judicial Council shall prepare and develop forms for persons who wish to avail themselves of the services
described in this subdivision.
(Amended by Stats. 2012, Ch. 162, Sec. 14. Effective January 1, 2013.)

527.9. (a) A person subject to a temporary restraining order or injunction issued pursuant to Section 527.6,
527.8, or 527.85 or subject to a restraining order issued pursuant to Section 136.2 of the Penal Code, or Section
15657.03 of the Welfare and Institutions Code, shall relinquish the firearm pursuant to this section.
(b) Upon the issuance of a protective order against a person pursuant to subdivision (a), the court shall order that
person to relinquish any firearm in that persons immediate possession or control, or subject to that persons
immediate possession or control, within 24 hours of being served with the order, either by surrendering the
firearm to the control of local law enforcement officials, or by selling the firearm to a licensed gun dealer, as

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specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter
2 of Division 6 of Title 4 of Part 6 of the Penal Code. A person ordered to relinquish any firearm pursuant to this
subdivision shall file with the court a receipt showing the firearm was surrendered to the local law enforcement
agency or sold to a licensed gun dealer within 48 hours after receiving the order. In the event that it is necessary
to continue the date of any hearing due to a request for a relinquishment order pursuant to this section, the court
shall ensure that all applicable protective orders described in Section 6218 of the Family Code remain in effect or
bifurcate the issues and grant the permanent restraining order pending the date of the hearing.
(c) A local law enforcement agency may charge the person subject to the order or injunction a fee for the storage
of any firearm relinquished pursuant to this section. The fee shall not exceed the actual cost incurred by the local
law enforcement agency for the storage of the firearm. For purposes of this subdivision, actual cost means
expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of
the firearm to a licensed dealer as defined in Section 26700 of the Penal Code or to the person relinquishing the
firearm.
(d) The restraining order requiring a person to relinquish a firearm pursuant to subdivision (b) shall state on its
face that the respondent is prohibited from owning, possessing, purchasing, or receiving a firearm while the
protective order is in effect and that the firearm shall be relinquished to the local law enforcement agency for that
jurisdiction or sold to a licensed gun dealer, and that proof of surrender or sale shall be filed with the court within a
specified period of receipt of the order. The order shall also state on its face the expiration date for relinquishment.
Nothing in this section shall limit a respondents right under existing law to petition the court at a later date for
modification of the order.
(e) The restraining order requiring a person to relinquish a firearm pursuant to subdivision (b) shall prohibit the
person from possessing or controlling any firearm for the duration of the order. At the expiration of the order, the
local law enforcement agency shall return possession of any surrendered firearm to the respondent, within five
days after the expiration of the relinquishment order, unless the local law enforcement agency determines that (1)
the firearm has been stolen, (2) the respondent is prohibited from possessing a firearm because the respondent is
in any prohibited class for the possession of firearms, as defined in Chapter 2 (commencing with Section 29800)
and Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code and Sections
8100 and 8103 of the Welfare and Institutions Code, or (3) another successive restraining order is issued against
the respondent under this section. If the local law enforcement agency determines that the respondent is the legal
owner of any firearm deposited with the local law enforcement agency and is prohibited from possessing any
firearm, the respondent shall be entitled to sell or transfer the firearm to a licensed dealer as defined in Section

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26700 of the Penal Code. If the firearm has been stolen, the firearm shall be restored to the lawful owner upon his
or her identification of the firearm and proof of ownership.
(f) The court may, as part of the relinquishment order, grant an exemption from the relinquishment requirements
of this section for a particular firearm if the respondent can show that a particular firearm is necessary as a
condition of continued employment and that the current employer is unable to reassign the respondent to another
position where a firearm is unnecessary. If an exemption is granted pursuant to this subdivision, the order shall
provide that the firearm shall be in the physical possession of the respondent only during scheduled work hours
and during travel to and from his or her place of employment. In any case involving a peace officer who as a
condition of employment and whose personal safety depends on the ability to carry a firearm, a court may allow
the peace officer to continue to carry a firearm, either on duty or off duty, if the court finds by a preponderance of
the evidence that the officer does not pose a threat of harm. Prior to making this finding, the court shall require a
mandatory psychological evaluation of the peace officer and may require the peace officer to enter into counseling
or other remedial treatment program to deal with any propensity for domestic violence.
(g) During the period of the relinquishment order, a respondent is entitled to make one sale of all firearms that are
in the possession of a local law enforcement agency pursuant to this section. A licensed gun dealer, who presents
a local law enforcement agency with a bill of sale indicating that all firearms owned by the respondent that are in
the possession of the local law enforcement agency have been sold by the respondent to the licensed gun dealer,
shall be given possession of those firearms, at the location where a respondents firearms are stored, within five
days of presenting the local law enforcement agency with a bill of sale.
(Amended (as amended by Stats. 2010, Ch. 572) by Stats. 2011, Ch. 285, Sec. 4. Effective January 1, 2012.)

527.10. (a) The court shall order that any party enjoined pursuant to Section 527.6, 527.8, or 527.85 be
prohibited from taking any action to obtain the address or location of any protected person, unless there is good
cause not to make that order.
(b) The Judicial Council shall develop forms necessary to effectuate this section.
(Amended by Stats. 2010, Ch. 572, Sec. 3. Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)

527.11. (a) The owner or owners agent of vacant real property may register the property with the local law
enforcement agency using the form contained in subdivision (a) of Section 527.12.
(1) The registration shall be signed under penalty of perjury and state that the property is vacant and is not

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authorized to be occupied by any person.


(2) The registration shall be accompanied with a statement providing the name, address, and telephone number
at which the owner can be contacted within a 24-hour period and a statement that either the law enforcement
agency or a licensed private security services company has been retained to comply with the inspection and
reporting provisions of this section, together with a copy of any agreement or contract to perform those services.
(b) The owner or the owners agent shall register the vacant property no later than three days after the owner or
owners agent learns that the property is vacant.
(c) The owner or owners agent, immediately after authorizing a person to occupy the vacant property, shall do
both of the following:
(1) Issue a written authorization to the person authorized to occupy the property.
(2) Notify the law enforcement agency where the property is registered and terminate the registration.
(d) The owner or the owners agent, immediately upon the sale of the vacant property, shall notify the law
enforcement agency where the property is registered that the property has been sold, and to terminate the
registration.
(e) The licensed private security services company or law enforcement agency selected by the owner or owners
agent pursuant to this section shall do both of the following:
(1) Inspect the vacant property not less than once every three days.
(2) Immediately notify the law enforcement agency with which the property is registered if any unauthorized
person is found on the property.
(f) The law enforcement agency where the property is registered shall respond as soon as practicable after being
notified pursuant to paragraph (2) of subdivision (e) that an unauthorized person is found on the property. The
responding officer shall do all of the following:
(1) Verify that the property was inspected within the last three days pursuant to paragraph (2) of subdivision (e)
and found to be vacant.
(2) Ascertain the identity of any person who is found on the property.
(3) Require a person who is found on the property to produce written authorization to be on the property or other
evidence demonstrating the persons right to possession.

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(4) Notify any person who does not produce written authorization or other evidence pursuant to paragraph (3)
that the owner or owners agent may seek to obtain a court order pursuant to subdivision (g) and that the person
will be subject to arrest for trespass if the person is subsequently found on the property in violation of that order.
(5) Verify with the owner or the owners agent that the property is vacant.
(g) (1) The owner or owners agent of vacant real property may file an action for a temporary restraining order
and injunctive relief against any person who is found on the vacant property not less than 48 hours after that
person has been notified pursuant to paragraph (4) of subdivision (f). A person subject to a temporary restraining
order or an injunction obtained pursuant to this subdivision is subject to arrest and imprisonment for trespass
pursuant to Section 602.5 of the Penal Code for failing to vacate the property pursuant to the temporary
restraining order or injunction and for civil contempt for violating a court order.
(2) The summons and complaint in an action brought pursuant to this subdivision may be served personally or by
posting a copy of the summons and complaint at a prominent location on the property and mailing a copy of the
summons and complaint to the propertys address. Posting and mailing a copy of the summons and complaint shall
be sufficient service even if the mailed copy is returned as undeliverable if the owner or owners agent has proof
of the mailing.
(3) The court may order a hearing on a temporary restraining order within three days following service of the
summons and complaint. The date, time, and location of the hearing may be included with the summons and
complaint or may be separately served on any person occupying the property in the manner set out in paragraph
(2).
(4) The court may include in any temporary restraining order granted pursuant to this subdivision an order
directing that the property be vacated in not less than 48 hours. The order may be enforced by the local law
enforcement agency where the property is registered or the county sheriff.
(5) The disposition of any personal property of a person subject to a temporary restraining order or an injunction
pursuant to this subdivision shall be governed by the procedures set forth in Chapter 5 (commencing with Section
1980) of Title 5 of Part 4 of Division 3 of the Civil Code. The person subject to the temporary restraining order or
injunction shall be deemed to be a former tenant of the property for purposes of the disposition of personal
property only.
(h) This section shall not be construed to limit an owner from seeking other legal remedies to have a person
removed from the vacant property pursuant to any other law.

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(i) A temporary restraining order or injunction ordering a person to vacate and remove personal property
pursuant to this section shall not constitute a forcible entry under the provisions of Section 1159 of the Code of
Civil Procedure.
(j) The local city council or board of supervisors shall establish fees for registering a vacant property with the local
law enforcement agency and for the conduct of inspections by the law enforcement agency pursuant to this
section, including all activities conducted by the law enforcement agency pursuant to subdivision (f).
(k) This section applies only to one- to four-unit residences in the Cities of Palmdale and Lancaster in the County of
Los Angeles and the City of Ukiah in the County of Mendocino.
(l) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(Added by Stats. 2014, Ch. 666, Sec. 2. Effective January 1, 2015. Repealed as of January 1, 2018, by its own provisions.)

527.12. (a) A property owner, or an agent of the property owner, may execute a Declaration of Ownership that
includes language substantially similar to the language below and file it with the local law enforcement agency of
the jurisdiction in which the property is located. If the property owner, or the agent of the property owner, files the
declaration with the local law enforcement agency, he or she shall also post the declaration on the unoccupied
residential property listed in the declaration.
DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL PROPERTY
I, ____________________, declare and state: I make this declaration based upon my own personal knowledge.
1. I am the owner___, or the agent of the owner___(check one), of the residential property located at
_____________________, California (Property).
2. Submitted with this declaration, and incorporated herein by reference, is a true and correct copy of the deed by
which I obtained ownership of the Property.
3. Since obtaining ownership of the Property, no ownership interest in the Property has been conveyed or
transferred to any other person or entity.
4. At the time of obtaining ownership of the Property, no person was occupying the Property and no ownership

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interest or right of possession in the Property has been conveyed or transferred to any other person or entity.
5. As of the present date, there are no persons authorized by me or my agent to reside within the Property. Any
persons residing on this Property are doing so without any express or implied authorization from me or my agent.
6. I have not entered into any form of lease arrangement, rental agreement, or given any consent whatsoever to
any persons to reside within the Property.
7. I will advise the local law enforcement agency if there is any change in the status of the Property and an
occupancy is authorized by me or my agent.
8. I declare under penalty of perjury that the foregoing is true and correct.
EXECUTED on _________________________________, at _______________________, California
(b) Notwithstanding Section 47 of the Civil Code, a property owner, or agent thereof, who files a declaration
pursuant to this section that includes false information regarding the right to possess the property is liable to any
person who, as a result of the declaration, is caused to vacate the property, for reasonable attorneys fees, special
damages not to exceed $2,000, and all damages resulting from the person having to vacate the property.
(c) This section applies only to one- to four-unit residences in the Cities of Palmdale and Lancaster in the County of
Los Angeles and the City of Ukiah in the County of Mendocino.
(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(Added by Stats. 2014, Ch. 666, Sec. 3. Effective January 1, 2015. Repealed as of January 1, 2018, by its own provisions.)

528. An injunction cannot be allowed after the defendant has answered, unless upon notice, or upon an order to
show cause; but in such case the defendant may be restrained until the decision of the Court or Judge granting or
refusing the injunction.
(Enacted 1872.)

529. (a) On granting an injunction, the court or judge must require an undertaking on the part of the applicant to
the effect that the applicant will pay to the party enjoined any damages, not exceeding an amount to be specified,

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the party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled to
the injunction. Within five days after the service of the injunction, the person enjoined may object to the
undertaking. If the court determines that the applicants undertaking is insufficient and a sufficient undertaking is
not filed within the time required by statute, the order granting the injunction must be dissolved.
(b) This section does not apply to any of the following persons:
(1) Either spouse against the other in a proceeding for legal separation or dissolution of marriage.
(2) The applicant for an order described in Division 10 (commencing with Section 6200) of the Family Code.
(3) A public entity or officer described in Section 995.220.
(Amended by Stats. 1993, Ch. 219, Sec. 63.7. Effective January 1, 1994.)

529.1. (a) In all actions in which the court has granted an injunction sought by any plaintiff to enjoin a
construction project which has received all legally required licenses and permits, the defendant may apply to the
court by noticed motion for an order requiring the plaintiff to furnish an undertaking as security for costs and any
damages that may be incurred by the defendant by the conclusion of the action or proceeding as the result of a
delay in the construction of the project. The motion shall be made on the grounds that there is no reasonable
possibility that the plaintiff will obtain a judgment against the moving defendant and that the plaintiff will not
suffer undue economic hardship by filing the undertaking.
(b) If the court, after hearing, determines that the grounds for the motion have been established, the court shall
order that the plaintiff file the undertaking in an amount specified in the courts order as security for costs and
damages of the defendant. The liability of the plaintiff pursuant to this section for the costs and damages of the
defendant shall not exceed five hundred thousand dollars ($500,000).
(c) As used in this section, a construction project includes, but is not restricted to, the construction, surveying,
design, specifications, alteration, repair, improvement, maintenance, removal, or demolition of any building,
highway, road, parking facility, bridge, railroad, airport, pier or dock, excavation or other structure, development
or other improvement to real or personal property.
(Amended by Stats. 2004, Ch. 193, Sec. 11. Effective January 1, 2005.)

529.2. (a) In all civil actions, including, but not limited to, actions brought pursuant to Section 21167 of the Public
Resources Code, brought by any plaintiff to challenge a housing project which is a development project, as defined

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by Section 65928 of the Government Code, and which meets or exceeds the requirements for low- or moderateincome housing as set forth in Section 65915 of the Government Code, a defendant may, if the bringing of the
action or the seeking by the plaintiff of particular relief including, but not limited to, injunctions, has the effect of
preventing or delaying the project from being carried out, apply to the court by noticed motion for an order
requiring the plaintiff to furnish an undertaking as security for costs and any damages that may be incurred by
the defendant by the conclusion of the action or proceeding as the result of a delay in carrying out the
development project. The motion shall be made on the grounds that: (1) the action was brought in bad faith,
vexatiously, for the purpose of delay, or to thwart the low- or moderate-income nature of the housing
development project, and (2) the plaintiff will not suffer undue economic hardship by filing the undertaking.
(b) If the court, after hearing, determines that the grounds for the motion have been established, the court shall
order that the plaintiff file the undertaking in an amount specified in the courts order as security for costs and
damages of the defendant. The liability of the plaintiff pursuant to this section for the costs and damages of the
defendant shall not exceed five hundred thousand dollars ($500,000).
(c) If at any time after the plaintiff has filed an undertaking the housing development plan is changed by the
developer in bad faith so that it fails to meet or exceed the requirements for low- or moderate-income housing as
set forth in Section 65915 of the Government Code, the developer shall be liable to the plaintiff for the cost of
obtaining the undertaking.
(Amended by Stats. 1982, Ch. 517, Sec. 124.5.)

530. In all actions which may be hereafter brought when an injunction or restraining order may be applied for to
prevent the diversion, diminution or increase of the flow of water in its natural channels, to the ordinary flow of
which the plaintiff claims to be entitled, the court shall first require due notice of the application to be served upon
the defendant, unless it shall appear from the verified complaint or affidavits upon which the application therefor is
made, that, within ten days prior to the time of such application, the plaintiff has been in the peaceable possession
of the flow of such water, and that, within such time, said plaintiff has been deprived of the flow thereof by the
wrongful diversion of such flow by the defendant, or that the plaintiff, at the time of such application, is, and for
ten days prior thereto, has been, in possession of the flow of said water, and that the defendant threatens to
divert the flow of such water; and if such notice of such application be given and upon the hearing thereof, it be
made to appear to the court that plaintiff is entitled to the injunction, but that the issuance thereof pending the
litigation will entail great damage upon defendant, and that plaintiff will not be greatly damaged by the acts
complained of pending the litigation, and can be fully compensated for such damage as he may suffer, the court

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may refuse the injunction upon the defendant giving a bond such as is provided for in section five hundred and
thirty-two; and upon the trial the same proceedings shall be had, and with the same effect as in said section
provided.
(Amended by Stats. 1911, Ch. 733.)

531. An injunction to suspend the general and ordinary business of a corporation can not be granted without due
notice of the application therefor to the proper officers or managing agent of the corporation, except when the
people of this state are a party to the proceeding.
(Amended by Stats. 1907, Ch. 272.)

532. (a) If an injunction is granted without notice to the person enjoined, the person may apply, upon reasonable
notice to the judge who granted the injunction, or to the court in which the action was brought, to dissolve or
modify the injunction. The application may be made upon the complaint or the affidavit on which the injunction
was granted, or upon affidavit on the part of the person enjoined, with or without the answer. If the application is
made upon affidavits on the part of the person enjoined, but not otherwise, the person against whom the
application is made may oppose the application by affidavits or other evidence in addition to that on which the
injunction was granted.
(b) In all actions in which an injunction or restraining order has been or may be granted or applied for, to prevent
the diversion, pending the litigation, of water used, or to be used, for irrigation or domestic purposes only, if it is
made to appear to the court that great damage will be suffered by the person enjoined, in case the injunction is
continued, and that the person in whose behalf it issued can be fully compensated for any damages suffered by
reason of the continuance of the acts enjoined during the pendency of the litigation, the court in its discretion,
may dissolve or modify the injunction. The dissolution or modification shall be subject to the person enjoined
giving a bond in such amount as may be fixed by the court or judge, conditioned that the enjoined person will pay
all damages which the person in whose behalf the injunction issued may suffer by reason of the continuance,
during the litigation, of the acts complained of. Upon the trial the amount of the damages must be ascertained,
and in case judgment is rendered for the person in whose behalf the injunction was granted, the amount fixed as
damages must be included in the judgment, together with reasonable attorneys fees. In any proceedings to
enforce the liability on the bond, the amount of the damages as fixed in the judgment is conclusive.
(Amended by Stats. 1982, Ch. 517, Sec. 125.)

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533. In any action, the court may on notice modify or dissolve an injunction or temporary restraining order upon a
showing that there has been a material change in the facts upon which the injunction or temporary restraining
order was granted, that the law upon which the injunction or temporary restraining order was granted has
changed, or that the ends of justice would be served by the modification or dissolution of the injunction or
temporary restraining order.
(Repealed and added by Stats. 1995, Ch. 796, Sec. 8. Effective January 1, 1996.)

534. In any action brought by a riparian owner to enjoin the diversion of water appropriated or proposed to be
appropriated, or the use thereof, against any person or persons appropriating or proposing to appropriate such
waters, the defendant may set up in his answer that the water diverted or proposed to be diverted is for the
irrigation of land or other public use, and, in such case, he shall also in such answer set forth the quantity of water
desired to be taken and necessary to such irrigation of land or the public use, the nature of such use, the place
where the same is used or proposed to be used, the duration and extent of the diversion or the proposed
diversion, including the stages of the flow of the stream at and during the time in which the water is to be
diverted, and that the same may be diverted without interfering with the actual and necessary beneficial uses of
the plaintiff, and that such defendant so answering desires that the court shall ascertain and fix the damages, if
any, that will result to the plaintiff or to his riparian lands from the appropriation of the water so appropriated or
intended to be appropriated by defendant.
The plaintiff may serve and file a reply to the defendants answer stating plaintiffs rights to the water and the
damage plaintiff will suffer by the defendants taking of the water, and plaintiff may implead as parties to the
action all persons necessary to a full determination of the rights of plaintiff to the water and the damages plaintiff
will suffer by the proposed taking by defendant, and the court shall have jurisdiction to hear and determine all the
rights to water of the plaintiff and other parties to the action, and said parties shall have a right to state and prove
their rights, and shall be bound by the judgment rendered the same as though made parties plaintiff at the
commencement of the action.
Upon the trial of the case the court shall receive and hear evidence on behalf of the respective parties, and if the
court finds that the allegations of such answer are true as to the aforesaid matters, and that the appropriation
and diversion of such waters is for irrigation of land or other public use and that, after allowing sufficient water for
the actual and necessary beneficial uses of the plaintiff and other parties, there is water available to be beneficially
appropriated by such defendant so answering, the court shall fix the time and manner and extent of such
appropriation and the actual damages, if any, resulting to the plaintiff or other parties on account of the same,

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and in fixing such damages the court shall be guided by Article 5 (commencing with Section 1263.410) of Chapter
9 of Title 7 of Part 3, and if, upon the ascertainment and fixing of such damages the defendant, within the time
allowed in Section 1268.010 for the payment of damages in proceedings in eminent domain, shall pay into court
the amount of damages fixed and the costs adjudged to be paid by such defendant, or give a good and sufficient
bond to pay the same upon the final settlement of the case, the injunction prayed for by the plaintiff shall be
denied to the extent of the amount the defendant is permitted to appropriate, as aforesaid, and the temporary
injunction, if any has been granted, shall be vacated to the extent aforesaid; provided, that any of the parties
may appeal from such judgment as in other cases; and provided, further, that if such judgment is in favor of the
defendant and if he upon and pending such appeal shall keep on deposit with the clerk of said court the amount of
such damages and costs, or the bond, if it be given, so awarded to be paid to the plaintiff or other parties in the
event such judgment shall be affirmed, no injunction against the appropriation of the amount the defendant is
permitted to appropriate as aforesaid shall be granted or enforced pending such appeal, and, upon the acceptance
by the plaintiff or other parties of such amount so awarded or upon the affirmation of such decision on appeal so
that such judgment shall become final, the defendant shall have the right to divert and appropriate from such
stream, against such plaintiff or other parties and his successors in interest, the quantity of water therein
adjudged and allowed. Upon the filing of such answer as is herein provided for, the parties plaintiff or other parties
and defendant shall be entitled to a jury trial upon the issues as to damages so raised, as provided in Title 7
(commencing with Section 1230.010) of Part 3, applying to proceedings in eminent domain.
(Amended by Stats. 1975, Ch. 1240.)

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