An injunction cannot be allowed after the defendant has answered, unless upon notice, or upon an order to show cause; but in such case the defendant may be restrained until the decision of the Court or Judge granting or refusing the injunction.
§ 528.Allowing Injunction After Defendant Has Answered
Title 7. Other Provisional Remedies In Civil Actions · Chapter 3. Injunction · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 528 bars a court from allowing an injunction once the defendant has answered unless the defendant gets notice or an order to show cause first, though the court may keep the defendant restrained until it rules on the injunction request.
Full Text of § 528
Plain-English Summary
Section 528 protects a defendant who has already filed an answer from being blindsided by a later injunction. Once the answer is on file, the court cannot allow an injunction unless the defendant gets notice of the request or an order to show cause requiring the defendant to explain why one shouldn't issue.
That protection doesn't leave the plaintiff without any interim relief. The statute lets the court restrain the defendant temporarily — holding things in place until the court rules on the injunction request — even while the notice or order-to-show-cause process plays out.
This section works as a companion to § 527's broader TRO and preliminary injunction framework: § 527 addresses the ordinary sequence of relief before an answer is filed, while § 528 makes sure that once a defendant has appeared and answered, the same due-process protections continue to apply to any later request for an injunction.
Frequently Asked Questions
Can a court grant an injunction after the defendant has already answered the complaint?
Only on notice to the defendant, or after issuing an order to show cause requiring the defendant to respond — § 528 bars an injunction at that stage without one or the other.
Can the plaintiff get any protection while waiting for that notice or order to show cause to play out?
Yes. Section 528 lets the court restrain the defendant in the meantime, until it decides whether to grant or deny the injunction.
Amendment History
Enacted 1872.
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: injunction after answer filed california