Claim and Delivery of Personal PropertyTemporary Restraining Order

Section § 513.010

Explanation

This law is about how a plaintiff can ask for a temporary restraining order related to getting possession of property. A temporary restraining order can be granted without notifying the other party if the plaintiff shows valid reasons for claiming possession, finances a security bond, and proves there's an immediate risk of the property being hidden or devalued. If a court later finds the plaintiff should not get possession, any temporary restraining order will be canceled. Otherwise, a preliminary injunction might be issued until the property is taken as stated by the writ.

(a)CA Civil Procedure Code § 513.010(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)CA Civil Procedure Code § 513.010(b) A temporary restraining order may issue ex parte if all of the following are found:
(1)CA Civil Procedure Code § 513.010(b)(1) The plaintiff has established the probable validity of his claim to possession of the property.
(2)CA Civil Procedure Code § 513.010(b)(2) The plaintiff has provided an undertaking as required by Section 515.010.
(3)CA Civil Procedure Code § 513.010(b)(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)CA Civil Procedure Code § 513.010(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.
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Section § 513.020

Explanation

This section allows a court to issue a temporary restraining order that can stop a person from doing certain things with their property if necessary. This can include selling or giving it away, hiding it so it can't be taken by authorities, or damaging it. However, if the property is part of a business's regular sales, these sales may still be allowed, but the court can control how the money from these sales is used. It protects the property from being wrongly dealt with until the court makes a final decision.

In the discretion of the court, the temporary restraining order may prohibit the defendant from doing any or all of the following:
(a)CA Civil Procedure Code § 513.020(a) Transferring any interest in the property by sale, pledge, or grant of security interest, or otherwise disposing of, or encumbering, the property. If the property is farm products held for sale or lease or is inventory, the order may not prohibit the defendant from transferring the property in the ordinary course of business, but the order may impose appropriate restrictions on the disposition of the proceeds from such transfer.
(b)CA Civil Procedure Code § 513.020(b) Concealing or otherwise removing the property in such a manner as to make it less available to seizure by the levying officer.
(c)CA Civil Procedure Code § 513.020(c) Impairing the value of the property either by acts of destruction or by failure to care for the property in a reasonable manner.
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