(a) If an injunction is granted without notice to the person enjoined, the person may apply, upon reasonable notice to the judge who granted the injunction, or to the court in which the action was brought, to dissolve or modify the injunction. The application may be made upon the complaint or the affidavit on which the injunction was granted, or upon affidavit on the part of the person enjoined, with or without the answer. If the application is made upon affidavits on the part of the person enjoined, but not otherwise, the person against whom the application is made may oppose the application by affidavits or other evidence in addition to that on which the injunction was granted.
§ 532.Dissolution Or Modification
Title 7. Other Provisional Remedies In Civil Actions · Chapter 3. Injunction · Last amended 1982 · Last verified July 28, 2026
In one sentenceSection 532 lets a person enjoined without notice ask the issuing judge or court to dissolve or modify the injunction on reasonable notice, and separately lets a court dissolve or modify a water-diversion injunction if continuing it would badly hurt the enjoined party while the other side can be fully compensated through a bond.
Full Text of § 532
(b) In all actions in which an injunction or restraining order has been or may be granted or applied for, to prevent the diversion, pending the litigation, of water used, or to be used, for irrigation or domestic purposes only, if it is made to appear to the court that great damage will be suffered by the person enjoined, in case the injunction is continued, and that the person in whose behalf it issued can be fully compensated for any damages suffered by reason of the continuance of the acts enjoined during the pendency of the litigation, the court in its discretion, may dissolve or modify the injunction. The dissolution or modification shall be subject to the person enjoined giving a bond in such amount as may be fixed by the court or judge, conditioned that the enjoined person will pay all damages which the person in whose behalf the injunction issued may suffer by reason of the continuance, during the litigation, of the acts complained of. Upon the trial the amount of the damages must be ascertained, and in case judgment is rendered for the person in whose behalf the injunction was granted, the amount fixed as damages must be included in the judgment, together with reasonable attorney's fees. In any proceedings to enforce the liability on the bond, the amount of the damages as fixed in the judgment is conclusive.
Plain-English Summary
Section 532 gives a person enjoined without notice a way back into court. Subdivision (a) lets that person apply, on reasonable notice, to the judge who granted the injunction or to the court where the case is pending, to dissolve or modify it. The application can rest on the same complaint or affidavit that supported the original injunction, or on the enjoined person's own affidavits, filed with or without an answer — and if the enjoined person relies on new affidavits, the other side gets to respond with affidavits or other evidence of its own.
Subdivision (b) addresses a specific, recurring dispute: injunctions or restraining orders stopping the diversion of water used for irrigation or domestic purposes while litigation is pending. If it appears the enjoined person would suffer great damage from keeping the injunction in place, while the person who obtained it can be fully compensated for any damage the continued diversion causes, the court has discretion to dissolve or modify the injunction — but only if the enjoined person posts a bond covering whatever damages a final judgment might award, plus reasonable attorney's fees.
Together with §§ 530 and 533, this section forms part of the chapter's toolkit for adjusting injunctive relief as circumstances change — § 530 governs notice before the initial order in water cases, § 532 governs undoing or softening an order already granted, and § 533 provides a broader, general-purpose route to modify or dissolve any injunction based on changed facts or law.
Frequently Asked Questions
How can someone challenge an injunction that was granted without notice to them?
Section 532(a) lets that person apply, on reasonable notice, to the judge who granted it or to the court where the action is pending, asking to dissolve or modify the injunction.
Does the other side get to respond to that application?
Yes, if the enjoined person supports the application with new affidavits, the person who obtained the injunction may oppose it with affidavits or other evidence.
Is there a special rule for injunctions involving irrigation or domestic water use?
Yes. Section 532(b) lets the court dissolve or modify such an injunction, conditioned on a bond, if continuing it would cause the enjoined person great damage while the other side can be fully compensated.
What does the bond under subdivision (b) have to cover?
All damages the person who obtained the injunction may suffer from the continuance of the enjoined acts during litigation, plus reasonable attorney's fees if that person ultimately prevails.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 125.
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: dissolve injunction granted without notice californiamodify injunction california water rights