(a) A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. No preliminary injunction shall be granted without notice to the opposing party.
§ 527.Preliminary Injunctions and Temporary Restraining Orders
Title 7. Other Provisional Remedies In Civil Actions · Chapter 3. Injunction · Last amended 2001 · Last verified July 28, 2026
In one sentenceSection 527 sets the general procedure for preliminary injunctions and temporary restraining orders, requiring notice before a preliminary injunction issues and permitting a TRO without notice only on a showing of great or irreparable injury plus specific certifications about notifying the opposing side.
Full Text of § 527
(b) A temporary restraining order or a preliminary injunction, or both, may be granted in a class action, in which one or more of the parties sues or defends for the benefit of numerous parties upon the same grounds as in other actions, whether or not the class has been certified.
(c) No temporary restraining order shall be granted without notice to the opposing party, unless both of the following requirements are satisfied:
(1) It appears from facts shown by affidavit or by the verified complaint that great or irreparable injury will result to the applicant before the matter can be heard on notice.
(2) The applicant or the applicant's attorney certifies one of the following to the court under oath:
(A) That within a reasonable time prior to the application the applicant informed the opposing party or the opposing party's attorney at what time and where the application would be made.
(B) That the applicant in good faith attempted but was unable to inform the opposing party and the opposing party's attorney, specifying the efforts made to contact them.
(C) That for reasons specified the applicant should not be required to so inform the opposing party or the opposing party's attorney.
(d) In case a temporary restraining order is granted without notice in the contingency specified in subdivision (c):
(1) The matter shall be made returnable on an order requiring cause to be shown why a preliminary injunction should not be granted, on the earliest day that the business of the court will admit of, but not later than 15 days or, if good cause appears to the court, 22 days from the date the temporary restraining order is issued.
(2) The party who obtained the temporary restraining order shall, within five days from the date the temporary restraining order is issued or two days prior to the hearing, whichever is earlier, serve on the opposing party a copy of the complaint if not previously served, the order to show cause stating the date, time, and place of the hearing, any affidavits to be used in the application, and a copy of the points and authorities in support of the application. The court may for good cause, on motion of the applicant or on its own motion, shorten the time required by this paragraph for service on the opposing party.
(3) When the matter first comes up for hearing, if the party who obtained the temporary restraining order is not ready to proceed, or if the party has failed to effect service as required by paragraph (2), the court shall dissolve the temporary restraining order.
(4) The opposing party is entitled to one continuance for a reasonable period of not less than 15 days or any shorter period requested by the opposing party, to enable the opposing party to meet the application for a preliminary injunction. If the opposing party obtains a continuance under this paragraph, the temporary restraining order shall remain in effect until the date of the continued hearing.
(5) Upon the filing of an affidavit by the applicant that the opposing party could not be served within the time required by paragraph (2), the court may reissue any temporary restraining order previously issued. The reissued order shall be made returnable as provided by paragraph (1), with the time for hearing measured from the date of reissuance. No fee shall be charged for reissuing the order.
(e) The opposing party may, in response to an order to show cause, present affidavits relating to the granting of the preliminary injunction, and if the affidavits are served on the applicant at least two days prior to the hearing, the applicant shall not be entitled to any continuance on account thereof. On the day the order is made returnable, the hearing shall take precedence over all other matters on the calendar of the day, except older matters of the same character, and matters to which special precedence may be given by law. When the cause is at issue it shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character, and matters to which special precedence may be given by law.
(f) Notwithstanding failure to satisfy the time requirements of this section, the court may nonetheless hear the order to show cause why a preliminary injunction should not be granted if the moving and supporting papers are served within the time required by Section 1005 and one of the following conditions is satisfied:
(1) The order to show cause is issued without a temporary restraining order.
(2) The order to show cause is issued with a temporary restraining order, but is either not set for hearing within the time required by paragraph (1) of subdivision (d), or the party who obtained the temporary restraining order fails to effect service within the time required by paragraph (2) of subdivision (d).
(g) This section does not apply to an order issued under the Family Code.
(h) As used in this section:
(1) "Complaint" means a complaint or a cross-complaint.
(2) "Court" means the court in which the action is pending.
Plain-English Summary
Section 527 is the backbone procedure for preliminary injunctions and temporary restraining orders in California civil litigation. A preliminary injunction — the order that holds the status quo while a case proceeds toward trial — can be sought at any time before judgment, based on a verified complaint or on affidavits, but subdivision (a) requires notice to the opposing party before one issues. Nobody gets a preliminary injunction in secret.
A TRO is different: it is meant to bridge the gap until a preliminary injunction hearing can happen, and subdivision (c) allows one without notice, but only on a tight two-part showing. First, the applicant must show by affidavit or verified complaint that waiting for a noticed hearing would cause great or irreparable injury. Second, the applicant or the applicant's attorney must certify, under oath, either that the opposing side was told when and where the application would be made, or that a good-faith effort to reach them failed (describing what was tried), or why notice should be excused entirely.
Once a TRO issues without notice, subdivision (d) puts the case on a fast, structured track: the order must set a hearing on a preliminary injunction within 15 days (22 for good cause), the party who got the TRO has to serve the complaint, order to show cause, and supporting papers within tight deadlines, and the opposing party gets one continuance of at least 15 days to prepare a response — during which the TRO stays in effect. If the party who obtained the TRO isn't ready to proceed at the hearing, or didn't complete service, the court must dissolve the TRO. Subdivision (e) gives the eventual hearing, and the underlying case once it is at issue, priority on the court's calendar over most other matters.
Section 527 applies broadly — including in class actions under subdivision (b), whether or not the class has been certified — but it does not govern injunctions issued under the Family Code. Specific statutes elsewhere in this chapter, like § 527.6 for civil harassment and § 527.8 for workplace violence, build directly on this section's TRO framework while adding their own subject-specific procedures and timelines.
Frequently Asked Questions
Does a court have to give notice before issuing a preliminary injunction in California?
Yes. Section 527(a) requires notice to the opposing party before a preliminary injunction may be granted; it cannot be issued purely ex parte.
What must someone show to get a temporary restraining order without notifying the other side first?
Under § 527(c), the applicant must show by affidavit or verified complaint that great or irreparable injury would result from waiting for a noticed hearing, and must certify under oath either that the opposing party was notified of the application, that a good-faith attempt to notify them failed, or why notice should be excused.
How long does a TRO last before there has to be a hearing on a preliminary injunction?
The hearing must be set within 15 days of the TRO issuing, or up to 22 days if the court finds good cause, under § 527(d)(1).
What happens if the party who got the TRO isn't ready to proceed at the hearing?
Section 527(d)(3) requires the court to dissolve the temporary restraining order if that party isn't ready to proceed, or failed to properly serve the opposing side.
Does § 527 apply to restraining orders in family law cases?
No. Subdivision (g) states that this section does not apply to orders issued under the Family Code.
Amendment History
Amended by Stats 2000 ch 688 (AB 1669), s 4, eff. 1/1/2001.
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
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