MBE Rules · Remedies
Temporary Restraining Orders
Cal. Civ. Proc. Code § 527
The rule
An ex parte TRO requires a showing of great or irreparable injury before the matter can be heard, notice attempts (or grounds for excuse), lasts at most about three weeks, and sets an OSC re preliminary injunction.
In plain English
A Temporary Restraining Order (TRO) is a short-term court order issued without the other party being present, meant to prevent immediate harm. To obtain an ex parte TRO, the requesting party must demonstrate that they will suffer significant injury if the order is not granted and must also show attempts to notify the other party or justify why notice was not given.
Worked example
A business owner discovers that a competitor is about to release a product that would severely harm their business. The owner applies for an ex parte TRO without notifying the competitor, arguing that the imminent release will cause irreparable harm. The court grants the TRO for three weeks, setting a date for a hearing on a preliminary injunction.
Memory hook
TROs stop harm in its tracks—act fast, show injury, and notify if you can!
The trap
Exams may present scenarios where students overlook the requirement of showing irreparable injury or fail to address the notice requirement, leading to incorrect conclusions. Students might also confuse the duration and purpose of a TRO with that of a preliminary injunction.
How examiners test it
Questions often involve fact patterns where a party seeks urgent relief, requiring candidates to identify the need for an ex parte TRO and analyze the justification for immediate action without notice.
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