CALIFORNIA CIVIL LITIGATION
PROVISIONAL REMEDIES
AND EXTRAORDINARY
WRITS
© 2005 by Thomson Delmar
Learning. All Rights Reserved.
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PROVISIONAL REMEDIES—
protect rights of litigant pending final
resolution.
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PROVISIONAL REMEDIES
Include:
• Injunctions
• Receiverships
• Claim & Delivery
• Attachment
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INJUNCTIONS
Temporary Restraining Orders (TROs):
immediate order expires in days
Preliminary Injunctions:
maintains status quo until trial
Permanent Injunctions:
final judgment may include orders
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INJUNCTIONS
Level of proof increases at each level
Bond may be required until trial*
Preference on trial calendar
* required in federal court
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INJUNCTION ISSUES
Is legal remedy adequate?
Administrative remedies exhausted?
Irreparable injury if not granted?
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RECEIVERS
Appointed by court to manage business
pending trial
Have specific powers ordered by court
Expensive but effective
Granted on noticed motion
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CLAIM AND DELIVERY—
allows complainant to take possession of
personalty pending resolution of
dispute.
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CLAIM AND DELIVERY
Obtained by
1. Noticed motion
2. TRO
3. Ex parte motion
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CLAIM AND DELIVERY
May require a bond
Enforced by sheriff
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ATTACHMENT
Allows complainant possession of
defendant's assets pending resolution
Limited to commercial disputes
Process similar to claim and delivery
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EXTRAORDINARY WRITS
Mandamus
Administrative mandamus
Prohibition
Certiorari
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MANDAMUS—
writ requires lower court or tribunal to
comply with rules or laws.
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MANDAMUS
Three levels:
• Peremptory writ:
immediate
• Alternative writ:
if cause to deny not shown
• Permanent writ:
final judgment
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ADMINIISTRATIVE
MANDAMUS—
writ sought against administrative agency.
Requires
• exhaustion of administrative
remedies
• record of administrative process
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PROHIBITION—
writ prevents lesser tribunal from
exceeding authority.
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CERTIORARI—
writ sought to obtain review of higher
tribunal of past act of lesser.
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SUMMARY
Provisional Remedies to
Manage Cases During
Disputes, Writs to Obtain
Orders of Court
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