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§ 513.020.Order Prohibiting Transferring Interest, Concealing Or Removing Property, Impairing Value

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 513.020 lets a court's temporary restraining order prohibit the defendant from transferring, concealing, removing, or impairing the value of the property, while protecting the defendant's ability to sell farm products or inventory in the ordinary course of business.

Full Text of § 513.020

Text sizeJump to: (a) (b) (c)

In the discretion of the court, the temporary restraining order may prohibit the defendant from doing any or all of the following:
(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) Concealing or otherwise removing the property in such a manner as to make it less available to seizure by the levying officer.
(c) Impairing the value of the property either by acts of destruction or by failure to care for the property in a reasonable manner.

Plain-English Summary

This section fills in what a temporary restraining order under § 513.010 can forbid. At the court's discretion, the order may prohibit the defendant from transferring any interest in the property — by sale, pledge, grant of a security interest, or other disposition or encumbrance — from concealing or removing the property in a way that makes it harder for the levying officer to seize, and from impairing the property's value through acts of destruction or a failure to care for it reasonably.

Subdivision (a) carves out an important exception for farm products and inventory as defined in §§ 511.040 and 511.050: the order can't stop the defendant from transferring that kind of property in the ordinary course of business, since a farming operation or retail business has to keep functioning while the case is pending. The court can still impose reasonable restrictions on what happens to the proceeds from those ordinary-course transfers, so the value doesn't vanish along with the goods.

Frequently Asked Questions

What can a temporary restraining order in a writ of possession case prohibit?

Transferring any interest in the property, concealing or removing it to avoid seizure, and impairing its value through destruction or neglect.

Can the order stop a defendant from selling farm products or inventory?

Not in the ordinary course of business — § 513.020(a) protects those transfers, though the court can still restrict the proceeds from the sale.

Is the court required to include all these prohibitions in every restraining order?

No, the section gives the court discretion to include any or all of them as the circumstances warrant.

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: restraining order farm products inventory californiawhat can a claim and delivery TRO prohibit