TROs and Preliminary Injunctions in California Business Disputes

Last updated: October 2026

A temporary restraining order is a California court's fastest tool. Sometimes issued within a day, it stops a partner from draining the accounts, a former employee from using stolen data, or a competitor from selling under your name until the court can hold a full hearing. A TRO issued without notice must come back for a preliminary injunction hearing within 15 days, or 22 for good cause. (Code Civ. Proc., § 527, subd. (d).) Kolmogorov Law, P.C. seeks and defends against these orders for businesses in Orange County, Los Angeles, and across California.

Call (909) 235-6116 or contact us online if money, data, or property is moving and you need it stopped.

When a business needs one

The calls come in a predictable shape. A co-owner has started transferring company funds to a new account. A departed salesperson is emailing customers from a copied list. A licensee whose license ended is still selling the product. A former contractor registered the company's name as a domain and is redirecting traffic. In each case, waiting a year for trial means the harm is done, and money later will not undo it.

That is the test in plain terms. A court grants interim relief when the applicant is likely to win and will suffer harm that cannot be fixed with damages if the court waits. The more concrete the harm and the clearer the paper trail, the better the odds.

The two orders

A temporary restraining order holds the situation in place for days. A preliminary injunction holds it for the life of the case. The TRO is granted on short notice or none; the preliminary injunction is granted after both sides file briefs and evidence and the court hears argument. Most of the work in these cases is done in the first ten days, because the evidence filed with the TRO application is the evidence the judge has at the injunction hearing.

Getting a TRO without notice

A TRO may not be granted without notice unless two things are shown. First, facts in a declaration or verified complaint must show that great or irreparable injury will result before the matter can be heard on notice. Second, the applicant or its attorney must certify under oath one of three things. The opposing party was told when and where the application would be made. A good-faith attempt to tell them failed, with the efforts specified. Or, for stated reasons, notice should not be required. (Code Civ. Proc., § 527, subd. (c).)

In practice, "no notice" is rare. The usual approach is ex parte notice the day before: a call and an email telling the other side the application will be made at 8:30 the next morning. The other side can appear and oppose. The order is still issued within a day or two.

When a TRO is granted without notice, the matter is set for an order to show cause why a preliminary injunction should not issue. The hearing goes on the earliest date the court's business allows, no later than 15 days from the TRO, or 22 days if the court finds good cause. (Code Civ. Proc., § 527, subd. (d)(1).)

The undertaking

An injunction comes with a price. On granting an injunction, the court must require the applicant to post an undertaking. It covers any damages, up to an amount the court specifies, that the enjoined party sustains if the court finally decides the applicant was not entitled to the injunction. (Code Civ. Proc., § 529, subd. (a).) The enjoined party may object to the undertaking within five days after service of the injunction, and if the court finds it insufficient and a sufficient one is not filed in time, the injunction is dissolved. (Code Civ. Proc., § 529.)

Courts set the bond with the enjoined business's likely losses in mind. An order freezing a company's operating account can justify a large undertaking; an order requiring a former employee to return a file justifies a small one. We address the bond in the application rather than waiting to be asked.

What persuades a judge

Declarations from people with personal knowledge, not from the lawyer. Bank records showing the transfers. Forensic evidence of the download. Screenshots with dates. A narrow proposed order that stops the specific conduct rather than shutting down the other side's business. Judges deny broad orders and grant narrow ones.

The other half is speed. An applicant who learned of the transfers in March and applies in August has told the court the harm is not that urgent.

Common business uses

Trade secrets and data. An order barring use or disclosure of the taken files and requiring their return, often paired with a forensic protocol. See our trade secret page.

Partner and member disputes. An order requiring two signatures on company accounts, barring transfers outside the ordinary course, or restoring a locked-out owner's access to records. See our pages on a partner who steals from the company and member access to books and records.

Trademark and brand. An order stopping use of a confusingly similar name or a hijacked domain. See our IP litigation page.

Money alone is different. If the goal is to secure funds to pay a judgment rather than to stop conduct, the tool is usually a writ of attachment, not an injunction.

Defending against a TRO

When my client is the one served with an ex parte application, the first goal is to appear at the hearing and narrow the order. Most TROs that issue over opposition are narrower than what was requested. The second goal is the bond: a realistic damages estimate can make the applicant think twice. The third is the preliminary injunction hearing, where a full evidentiary record often looks different from the one-sided declarations the TRO was granted on.

Where these applications are heard

Ex parte applications in Orange County are heard in the assigned department at the Central Justice Center in Santa Ana, usually in the morning on one day's notice. Los Angeles follows a similar practice at the Stanley Mosk Courthouse. Federal TROs in the Central District follow the local rules on ex parte relief, which are strict about notice.

What to bring to the first meeting

Bring the documents that show the conduct and when you learned of it, the contract or operating agreement, and the names of the witnesses who can sign declarations. If data was taken, do not wipe or reuse the device; preserve it. If money moved, bring the bank records that show it.

Frequently asked questions

How fast can I get a restraining order against a business partner in California?

A TRO can be heard within a day or two on ex parte notice, and in true emergencies without notice, if the declarations show great or irreparable injury before a noticed hearing is possible. (Code Civ. Proc., § 527, subd. (c).) The preliminary injunction hearing follows within 15 to 22 days. (Code Civ. Proc., § 527, subd. (d).)

What do I have to prove to get a preliminary injunction?

In general terms, a likelihood of winning on the merits and harm that cannot be adequately remedied by damages, with the court balancing the harm to each side. Evidence comes in by declaration and exhibits, not live testimony in most cases.

Do I have to post a bond for an injunction?

Yes. The court must require an undertaking to cover the enjoined party's damages if the injunction turns out to have been wrongly issued. (Code Civ. Proc., § 529, subd. (a).) The amount depends on the likely harm to the party being restrained.

Can a court freeze a company's bank account?

Courts can restrain transfers outside the ordinary course of business or require dual signatures where there is evidence of diversion. A total freeze of an operating account is harder to get because it can destroy the business the order is meant to protect.

What happens if the other side violates the TRO?

Violation of a court order can be punished as contempt, with fines and other sanctions, and it badly damages the violating party's credibility for the rest of the case.

Talk to a California business litigation attorney

If your business needs a court to stop something now, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is at 327 Magnet, Irvine, CA 92618, and represents businesses in Orange County, Los Angeles, and throughout California. See also our partnership dispute page.

This page provides general information about California law and is not legal advice. Outcomes depend on the evidence, the timing, and the court.