Legal Question in Civil Litigation in California

Is a defendant entitled to a 15-day extension of a hearing for a restraining order? The reason I ask is because CCP 527(d)(4) states:

"The opposing party IS ENTITLED to one continuance for a reasonable period of not less than 15 days or any shorter period requested by the opposing party, to enable the opposing party to meet the application for a preliminary injunction. If the opposing party obtains a continuance under this paragraph, the temporary restraining order shall remain in effect until the date of the continued hearing."

If a plaintiff petitions for a restraining order, does the above section apply to the defendant?


Asked on 11/12/10, 2:09 pm

1 Answer from Attorneys

That provision applies to the hearing for preliminary injunction in a civil case for injunctive relief, AFTER a temporary restraining order has been issued. It does not apply to the initial TRO application.

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Answered on 11/17/10, 3:35 pm


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