§ 513.010 Law governing; application for order; grounds; requirements for ex parte issuance

Codes > California Code of Civil Procedure > Part 2 > Title 7 > 513.010

§ 513.010. Law governing; application for order; grounds; requirements for ex parte issuance

    (a) Except as otherwise provided by this chapter, the provisions of Chapter 3 (commencing with Section 525) of this title relating to the issuance of a temporary restraining order apply. At or after the time he files his 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.

    (b) A temporary restraining order may issue ex parte if all of the following are found:

        (1) The plaintiff has established the probable validity of his claim to possession of the property.

        (2) The plaintiff has provided an undertaking as required by Section 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.

    (c) If at the hearing on issuance of the writ of possession the court determines that the plaintiff is not entitled to a writ of
possession, the court shall dissolve any temporary restraining order; otherwise, the court may issue a preliminary injunction to remain in effect until the property claimed is seized pursuant to the writ of possession.