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Court Services Division Manual / Volume 6 - Civil Management Bureau (CMB) / Manual of Civil Procedure / 6-21/000.00 Writ of Possession (Claim and Delivery) / 6-21/100.00 Writ of Possession (Claim and Delivery) / 6-21/110.00 Definitions

6-21/140.00 Temporary Restraining Order


6-21/130.00 Ex Parte Procedure
6-21/150.00 Issuance of Writ of Possession (Claim and Delivery)

At or after the time the plaintiff files the application for writ of possession, the plaintiff may apply for a temporary restraining order by setting forth in the application a statement of grounds justifying the issuance of such order. (CCP 513.010)

  1. The plaintiff has established the probable validity of his claim to possession of the property.
  2. The plaintiff has provided an Undertaking by Personal Sureties (CD-140) as required by CCP 515.010.
  3. The plaintiff has established the probability that there is an immediate danger that the property claimed may become unavailable to levy by reason of being transferred, concealed, or removed or may become substantially impaired in value.

If the court determines the plaintiff is not entitled to a writ, the temporary restraining order shall be dissolved.  If the court determines a writ is to be issued, a preliminary injunction may also be issued until the property is seized.