(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.
§ 513.010.Application; Issued Ex Parte; Dissolution
Title 7. Other Provisional Remedies In Civil Actions · Chapter 2. Claim and Delivery of Personal Property · Article 3. Temporary Restraining Order · Enacted 1973 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 513.010 lets a plaintiff apply, alongside the writ of possession application, for a temporary restraining order preserving the property, which may issue ex parte on findings of probable validity, an adequate undertaking, and immediate danger the property will become unavailable or lose value.
Full Text of § 513.010
(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.
Plain-English Summary
A writ of possession takes time to process, even under the ex parte grounds of § 512.020, and property can disappear or lose value in the meantime. This section lets the plaintiff apply for a temporary restraining order to hold things in place while that process plays out, generally following Chapter 3's rules for temporary restraining orders except where this chapter provides otherwise.
Subdivision (b) sets three findings for an ex parte order: the plaintiff has established the probable validity of the claim to possession, the plaintiff has provided the undertaking § 515.010 requires, and the plaintiff has established a probability that the property faces immediate danger of becoming unavailable to levy — through transfer, concealment, or removal — or of becoming substantially impaired in value.
Subdivision (c) ties the restraining order's fate to the writ hearing itself. If the court decides at that hearing that the plaintiff isn't entitled to the writ, any temporary restraining order gets dissolved. If the plaintiff is entitled to the writ, the court may instead convert protection into a preliminary injunction that stays in effect until the property is seized under the writ.
Frequently Asked Questions
Can a plaintiff get a restraining order to protect property before the writ of possession hearing?
Yes. Section 513.010 lets the plaintiff apply for a temporary restraining order, which can issue ex parte on the findings in subdivision (b).
What must the plaintiff show for an ex parte temporary restraining order under this section?
Probable validity of the claim to possession, an undertaking meeting § 515.010's requirements, and a probability of immediate danger the property will become unavailable or substantially impaired in value.
What happens to the restraining order if the court denies the writ of possession?
The court dissolves it; if instead the plaintiff is entitled to the writ, the court may issue a preliminary injunction lasting until the property is seized under the writ.
Amendment History
Added by Stats. 1973, Ch. 526.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: temporary restraining order writ of possession california