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

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

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

4. 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. 5 INJUNCTIONS  Level of proof increases at each level  Bond may be required until trial*  Preference on trial calendar * required in federal court

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

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

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

9. 9 CLAIM AND DELIVERY Obtained by 1. Noticed motion 2. TRO 3. Ex parte motion

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

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

12. 12 EXTRAORDINARY WRITS  Mandamus  Administrative mandamus  Prohibition  Certiorari

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

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

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

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

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

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