This form is a Temporary Restraining Order and Order to Show Cause regarding a Preliminary Injunction to be used in connection with a trade secrets claim.
California Temporary Restraining Order and Order to Show Cause regarding Preliminary Injunction with Application Therefor
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US-TS10025A
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FAQ
It is well established that, to determine whether an injunction is ?just and proper,? courts apply the ?familiar set of four equitable factors: the movant's likelihood of success on the merits; the possibility of irreparable injury to the moving party; the extent to which the balance of hardships favors each party; and ...
An OSC must be used when a temporary restraining order (TRO) is sought, or if the party against whom the preliminary injunction is sought has not appeared in the action. If the responding party has not appeared, the OSC must be served in the same manner as a summons and complaint.
Section 527 - Preliminary injunctions and temporary restraining orders (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.
An Order issued by the court that a party appear in court on a specified date and time to give reason (show cause) why an order requested by the opposing party should not be made.
A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
Its relief is limited, however, as a TRO only lasts for ten days or until the court can hear a motion for a preliminary injunction, which requires notice to the other side and a hearing. While a preliminary injunction may restrict the same behavior as a TRO, it remains in force until revoked by the court.
(11) A plaintiff seeking a preliminary injunction bears the burden of presenting facts which show a reasonable probability that he will succeed on the merits.