Temporary Restraining Order and Order to Show Cause re Preliminary Injunction
(CA)

Summary

This template illustrates the structure and format of a combined temporary restraining order (TRO) and order to show cause (OSC) why a preliminary injunction should not be issued, and is for use in a civil actions in California superior court. This template includes practical guidance, drafting notes, and optional clauses. For a full listing of key content covering motion practice in California state court litigation, see Motion Practice Resource Kit (CA). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). This template is drafted for use where the plaintiff is seeking preliminary injunctive relief against a defendant but may be modified for use by a defendant seeking injunctive relief against the plaintiff, a co-defendant, or a third party. A combined OSC and TRO is used when the court grants a TRO ex parte pending its ruling on the moving party's request for a preliminary injunction. See Cal. Code Civ. Proc. § 527(d)(1); Cal. Rules of Ct., Rule 3.1150(a). An OSC is also used if the applicant does not seek a TRO, but is requesting a preliminary injunction against a party who has not appeared in the action. See Cal. Rules of Ct., Rule 3.1150(a). This template may be adapted for use in the latter situation by removing the TRO section and other references to a TRO within the template. In a combined document, the OSC must come first. The OSC and TRO must be stated separately and may not incorporate the other by reference. The OSC section provides the restrained party with notice of the date, time, and place of the hearing on the application for preliminary injunction, and sets forth the terms of the preliminary injunction to be requested at the hearing. See Cal. Rules of Ct., Rule 3.1150(c); Cal. Code Civ. Proc. § 527(d)(1), (2). The TRO section describes the activities to be enjoined pending the hearing on the preliminary injunction. See Cal. Rules of Ct., Rule 3.1150(c). An ex parte application for a TRO must be accompanied by a proposed OSC regarding the requested preliminary injunction and a proposed TRO. See Cal. Rules of Ct., Rules 3.1150(a), (c), 3.1201(5). This template may be adapted for that purpose by adding the word "Proposed" to the title of the document in the caption. The party who obtained the TRO must serve the following on the opposing party, within five days from the date the TRO is issued or two days prior to the hearing on the OSC, whichever is earlier: • The OSC (and TRO) • A copy of the complaint, if not previously served • Any affidavits (or declarations) supporting the application • A copy of the memorandum points and authorities in support of the application Cal. Code Civ. Proc. § 527(d)(2). The court may for good cause, on motion of the applicant or on its own motion, shorten the time required for service on the opposing party. Cal. Code Civ. Proc. § 527(d)(2). For discussion of service procedures, see Filing and Serving Documents Other Than Initial Complaint and Summons (CA). For further discussion of procedures for applying for a TRO or preliminary injunction, see Pretrial Injunctive Relief: Seeking and Enforcing a Temporary Restraining Order (TRO) or Preliminary Injunction (CA). For discussion of procedures for ex parte applications generally, see Motion Practice: Drafting and Filing Ex Parte Applications (CA). For a general template ex parte application for an order, see Ex Parte Application for Order and Supporting Declaration (General Form) (CA). For general information regarding formatting requirements, see Formatting Rules in Court Checklist (CA).