1. © 2005 by Thomson Delmar Learning. All Rights Reserved.
CALIFORNIA CIVIL LITIGATION PROVISIONAL REMEDIES AND EXTRAORDINARY WRITS
© 2005 by Thomson Delmar Learning. All Rights Reserved.

2. PROVISIONAL REMEDIES—
protect rights of litigant pending final resolution.

3. PROVISIONAL REMEDIES Include: Injunctions Receiverships
Claim & Delivery
Attachment

4. INJUNCTIONS Temporary Restraining Orders (TROs):
immediate order expires in days
Preliminary Injunctions:
maintains status quo until trial
Permanent Injunctions:
final judgment may include orders

5. INJUNCTIONS Level of proof increases at each level
Bond may be required until trial*
Preference on trial calendar
* required in federal court

6. INJUNCTION ISSUES Is legal remedy adequate?
Administrative remedies exhausted?
Irreparable injury if not granted?

7. RECEIVERS Appointed by court to manage business pending trial
Have specific powers ordered by court
Expensive but effective
Granted on noticed motion

8. CLAIM AND DELIVERY—
allows complainant to take possession of personalty pending resolution of dispute.

9. CLAIM AND DELIVERY
Obtained by
Noticed motion
TRO
Ex parte motion

10. CLAIM AND DELIVERY
May require a bond
Enforced by sheriff

11. ATTACHMENT
Allows complainant possession of defendant's assets pending resolution
Limited to commercial disputes
Process similar to claim and delivery

12. EXTRAORDINARY WRITS Mandamus Administrative mandamus Prohibition
Certiorari

13. MANDAMUS—
writ requires lower court or tribunal to comply with rules or laws.

14. MANDAMUS Three levels: Peremptory writ: immediate Alternative writ:
if cause to deny not shown
Permanent writ:
final judgment

15. ADMINIISTRATIVE MANDAMUS—
writ sought against administrative agency.
Requires
exhaustion of administrative remedies
record of administrative process

16. PROHIBITION—
writ prevents lesser tribunal from exceeding authority.

17. CERTIORARI—
writ sought to obtain review of higher tribunal of past act of lesser.

18. SUMMARY Provisional Remedies to Manage Cases During Disputes, Writs to Obtain Orders of Court