The Daily Puppy

Tuesday, December 11, 2012

SECTION 525-534 525. An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the court in which the action is brought, or by a judge thereof; and when granted by a judge, it may be enforced as an order of the court.

CODE OF CIVIL PROCEDURE 
SECTION 525-534 

525.  An injunction is a writ or order requiring a person to refrain
from a particular act. It may be granted by the court in which the
action is brought, or by a judge thereof; and when granted by a
judge, it may be enforced as an order of the court.




526.  (a) An injunction may be granted in the following cases:
   (1) When it appears by the complaint that the plaintiff is
entitled to the relief demanded, and the relief, or any part thereof,
consists in restraining the commission or continuance of the act
complained of, either for a limited period or perpetually.
   (2) When it appears by the complaint or affidavits that the
commission or continuance of some act during the litigation would
produce waste, or great or irreparable injury, to a party to the
action.
   (3) When it appears, during the litigation, that a party to the
action is doing, or threatens, or is about to do, or is procuring or
suffering to be done, some act in violation of the rights of another
party to the action respecting the subject of the action, and tending
to render the judgment ineffectual.
   (4) When pecuniary compensation would not afford adequate relief.
   (5) Where it would be extremely difficult to ascertain the amount
of compensation which would afford adequate relief.
   (6) Where the restraint is necessary to prevent a multiplicity of
judicial proceedings.
   (7) Where the obligation arises from a trust.
   (b) An injunction cannot be granted in the following cases:
   (1) To stay a judicial proceeding pending at the commencement of
the action in which the injunction is demanded, unless the restraint
is necessary to prevent a multiplicity of proceedings.
   (2) To stay proceedings in a court of the United States.
   (3) To stay proceedings in another state upon a judgment of a
court of that state.
   (4) To prevent the execution of a public statute by officers of
the law for the public benefit.
   (5) To prevent the breach of a contract the performance of which
would not be specifically enforced, other than a contract in writing
for the rendition of personal services from one to another where the
promised service is of a special, unique, unusual, extraordinary, or
intellectual character, which gives it peculiar value, the loss of
which cannot be reasonably or adequately compensated in damages in an
action at law, and where the compensation for the personal services
is as follows:
   (A) As to contracts entered into on or before December 31, 1993,
the minimum compensation provided in the contract for the personal
services shall be at the rate of six thousand dollars ($6,000) per
annum.
   (B) As to contracts entered into on or after January 1, 1994, the
criteria of clause (i) or (ii), as follows, are satisfied:
   (i) The compensation is as follows:
   (I) The minimum compensation provided in the contract shall be at
the rate of nine thousand dollars ($9,000) per annum for the first
year of the contract, twelve thousand dollars ($12,000) per annum for
the second year of the contract, and fifteen thousand dollars
($15,000) per annum for the third to seventh years, inclusive, of the
contract.
   (II) In addition, after the third year of the contract, there
shall actually have been paid for the services through and including
the contract year during which the injunctive relief is sought, over
and above the minimum contractual compensation specified in subclause
(I), the amount of fifteen thousand dollars ($15,000) per annum
during the fourth and fifth years of the contract, and thirty
thousand dollars ($30,000) per annum during the sixth and seventh
years of the contract. As a condition to petitioning for an
injunction, amounts payable under this clause may be paid at any time
prior to seeking injunctive relief.
   (ii) The aggregate compensation actually received for the services
provided under a contract that does not meet the criteria of
subparagraph (A), is at least 10 times the applicable aggregate
minimum amount specified in subclauses (I) and (II) of clause (i)
through and including the contract year during which the injunctive
relief is sought. As a condition to petitioning for an injunction,
amounts payable under this subparagraph may be paid at any time prior
to seeking injunctive relief.
   (C) Compensation paid in any contract year in excess of the
minimums specified in clauses (i) and (ii) of subparagraph (B) shall
apply to reduce the compensation otherwise required to be paid under
those provisions in any subsequent contract years. However, an
injunction may be granted to prevent the breach of a contract entered
into between any nonprofit cooperative corporation or association
and a member or stockholder thereof, in respect to any provision
regarding the sale or delivery to the corporation or association of
the products produced or acquired by the member or stockholder.
   (6) To prevent the exercise of a public or private office, in a
lawful manner, by the person in possession.
   (7) To prevent a legislative act by a municipal corporation.



526a.  An action to obtain a judgment, restraining and preventing
any illegal expenditure of, waste of, or injury to, the estate,
funds, or other property of a county, town, city or city and county
of the state, may be maintained against any officer thereof, or any
agent, or other person, acting in its behalf, either by a citizen
resident therein, or by a corporation, who is assessed for and is
liable to pay, or, within one year before the commencement of the
action, has paid, a tax therein. This section does not affect any
right of action in favor of a county, city, town, or city and county,
or any public officer; provided, that no injunction shall be granted
restraining the offering for sale, sale, or issuance of any
municipal bonds for public improvements or public utilities.
   An action brought pursuant to this section to enjoin a public
improvement project shall take special precedence over all civil
matters on the calendar of the court except those matters to which
equal precedence on the calendar is granted by law.



526b.  Every person or corporation bringing, instigating, exciting
or abetting, any suit to obtain an injunction, restraining or
enjoining the issuance, sale, offering for sale, or delivery, of
bonds, or other securities, or the expenditure of the proceeds of the
sale of such bonds or other securities, of any city, city and
county, town, county, or other district organized under the laws of
this state, or any other political subdivision of this state,
proposed to be issued, sold, offered for sale or delivered by such
city, city and county, town, county, district or other political
subdivision, for the purpose of acquiring, constructing, completing,
improving or extending water works, electric works, gas works or
other public utility works or property, shall, if the injunction
sought is finally denied, and if such person or corporation owns,
controls, or is operating or interested in, a public utility business
of the same nature as that for which such bonds or other securities
are proposed to be issued, sold, offered for sale, or delivered, be
liable to the defendant for all costs, damages and necessary expenses
resulting to such defendant by reason of the filing of such suit.



527.  (a) A preliminary injunction may be granted at any time before
judgment upon a verified complaint, or upon affidavits if the
complaint in the one case, or the affidavits in the other, show
satisfactorily that sufficient grounds exist therefor. No preliminary
injunction shall be granted without notice to the opposing party.
   (b) A temporary restraining order or a preliminary injunction, or
both, may be granted in a class action, in which one or more of the
parties sues or defends for the benefit of numerous parties upon the
same grounds as in other actions, whether or not the class has been
certified.
   (c) No temporary restraining order shall be granted without notice
to the opposing party, unless both of the following requirements are
satisfied:
   (1) It appears from facts shown by affidavit or by the verified
complaint that great or irreparable injury will result to the
applicant before the matter can be heard on notice.
   (2) The applicant or the applicant's attorney certifies one of the
following to the court under oath:
   (A) That within a reasonable time prior to the application the
applicant informed the opposing party or the opposing party's
attorney at what time and where the application would be made.
   (B) That the applicant in good faith attempted but was unable to
inform the opposing party and the opposing party's attorney,
specifying the efforts made to contact them.
   (C) That for reasons specified the applicant should not be
required to so inform the opposing party or the opposing party's
attorney.
   (d) In case a temporary restraining order is granted without
notice in the contingency specified in subdivision (c):
   (1) The matter shall be made returnable on an order requiring
cause to be shown why a preliminary injunction should not be granted,
on the earliest day that the business of the court will admit of,
but not later than 15 days or, if good cause appears to the court, 22
days from the date the temporary restraining order is issued.
   (2) The party who obtained the temporary restraining order shall,
within five days from the date the temporary restraining order is
issued or two days prior to the hearing, whichever is earlier, serve
on the opposing party a copy of the complaint if not previously
served, the order to show cause stating the date, time, and place of
the hearing, any affidavits to be used in the application, and a copy
of the points and authorities in support of the application. The
court may for good cause, on motion of the applicant or on its own
motion, shorten the time required by this paragraph for service on
the opposing party.
   (3) When the matter first comes up for hearing, if the party who
obtained the temporary restraining order is not ready to proceed, or
if the party has failed to effect service as required by paragraph
(2), the court shall dissolve the temporary restraining order.
   (4) 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.
   (5) Upon the filing of an affidavit by the applicant that the
opposing party could not be served within the time required by
paragraph (2), the court may reissue any temporary restraining order
previously issued. The reissued order shall be made returnable as
provided by paragraph (1), with the time for hearing measured from
the date of reissuance. No fee shall be charged for reissuing the
order.
   (e) The opposing party may, in response to an order to show cause,
present affidavits relating to the granting of the preliminary
injunction, and if the affidavits are served on the applicant at
least two days prior to the hearing, the applicant shall not be
entitled to any continuance on account thereof. On the day the order
is made returnable, the hearing shall take precedence over all other
matters on the calendar of the day, except older matters of the same
character, and matters to which special precedence may be given by
law. When the cause is at issue it shall be set for trial at the
earliest possible date and shall take precedence over all other
cases, except older matters of the same character, and matters to
which special precedence may be given by law.
   (f) Notwithstanding failure to satisfy the time requirements of
this section, the court may nonetheless hear the order to show cause
why a preliminary injunction should not be granted if the moving and
supporting papers are served within the time required by Section 1005
and one of the following conditions is satisfied:
   (1) The order to show cause is issued without a temporary
restraining order.
   (2) The order to show cause is issued with a temporary restraining
order, but is either not set for hearing within the time required by
paragraph (1) of subdivision (d), or the party who obtained the
temporary restraining order fails to effect service within the time
required by paragraph (2) of subdivision (d).
   (g) This section does not apply to an order issued under the
Family Code.
   (h) As used in this section:
   (1) "Complaint" means a complaint or a cross-complaint.
   (2) "Court" means the court in which the action is pending.



527.3.  (a) In order to promote the rights of workers to engage in
concerted activities for the purpose of collective bargaining,
picketing or other mutual aid or protection, and to prevent the evils
which frequently occur when courts interfere with the normal
processes of dispute resolution between employers and recognized
employee organizations, the equity jurisdiction of the courts in
cases involving or growing out of a labor dispute shall be no broader
than as set forth in subdivision (b) of this section, and the
provisions of subdivision (b) of this section shall be strictly
construed in accordance with existing law governing labor disputes
with the purpose of avoiding any unnecessary judicial interference in
labor disputes.
   (b) The acts enumerated in this subdivision, whether performed
singly or in concert, shall be legal, and no court nor any judge nor
judges thereof, shall have jurisdiction to issue any restraining
order or preliminary or permanent injunction which, in specific or
general terms, prohibits any person or persons, whether singly or in
concert, from doing any of the following:
   (1) Giving publicity to, and obtaining or communicating
information regarding the existence of, or the facts involved in, any
labor dispute, whether by advertising, speaking, patrolling any
public street or any place where any person or persons may lawfully
be, or by any other method not involving fraud, violence or breach of
the peace.
   (2) Peaceful picketing or patrolling involving any labor dispute,
whether engaged in singly or in numbers.
   (3) Assembling peaceably to do any of the acts specified in
paragraphs (1) and (2) or to promote lawful interests.
   (4) Except as provided in subparagraph (iv), for purposes of this
section, "labor dispute" is defined as follows:
   (i) A case shall be held to involve or to grow out of a labor
dispute when the case involves persons who are engaged in the same
industry, trade, craft, or occupation; or have direct or indirect
interests therein; or who are employees of the same employer; or who
are members of the same or an affiliated organization of employers or
employees; whether such dispute is (a) between one or more employers
or associations of employers and one or more employees or
associations of employees; (b) between one or more employers or
associations of employers and one or more employers or associations
of employers; or (c) between one or more employees or associations of
employees and one or more employees or associations of employees; or
when the case involves any conflicting or competing interests in a
"labor dispute" of "persons participating or interested" therein (as
defined in subparagraph (ii)).
   (ii) A person or association shall be held to be a person
participating or interested in a labor dispute if relief is sought
against him or it, and if he or it is engaged in the same industry,
trade, craft, or occupation in which such dispute occurs, or has a
direct or indirect interest therein, or is a member, officer, or
agent of any association composed in whole or in part of employers or
employees engaged in such industry, trade, craft, or occupation.
   (iii) The term "labor dispute" includes any controversy concerning
terms or conditions of employment, or concerning the association or
representation of persons in negotiating, fixing, maintaining,
changing, or seeking to arrange terms or conditions of employment
regardless of whether or not the disputants stand in the proximate
relation of employer and employee.
   (iv) The term "labor dispute" does not include a jurisdictional
strike as defined in Section 1118 of the Labor Code.
   (c) Nothing contained in this section shall be construed to alter
or supersede the provisions of Chapter 1 of the 1975-76 Third
Extraordinary Session, and to the extent of any conflict between the
provisions of this act and that chapter, the provisions of the latter
shall prevail.
   (d) Nothing contained in this section shall be construed to alter
the legal rights of public employees or their employers, nor shall
this section alter the rights of parties to collective-bargaining
agreements under the provisions of Section 1126 of the Labor Code.
   (e) It is not the intent of this section to permit conduct that is
unlawful including breach of the peace, disorderly conduct, the
unlawful blocking of access or egress to premises where a labor
dispute exists, or other similar unlawful activity.



527.6.  (a) (1) A person who has suffered harassment as defined in
subdivision (b) may seek a temporary restraining order and an
injunction prohibiting harassment as provided in this section.
   (2) A minor, under 12 years of age, accompanied by a duly
appointed and acting guardian ad litem, shall be permitted to appear
in court without counsel for the limited purpose of requesting or
opposing a request for a temporary restraining order or injunction,
or both, under this section as provided in Section 374.
   (b) For the purposes of this section:
   (1) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an individual,
making harassing telephone calls to an individual, or sending
harassing correspondence to an individual by any means, including,
but not limited to, the use of public or private mails, interoffice
mail, fax, or computer e-mail. Constitutionally protected activity is
not included within the meaning of "course of conduct."
   (2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
   (3) "Harassment" is unlawful violence, a credible threat of
violence, or a knowing and willful course of conduct directed at a
specific person that seriously alarms, annoys, or harasses the
person, and that serves no legitimate purpose. The course of conduct
must be such as would cause a reasonable person to suffer substantial
emotional distress, and must actually cause substantial emotional
distress to the petitioner.
   (4) "Petitioner" means the person to be protected by the temporary
restraining order and injunction and, if the court grants the
petition, the protected person.
   (5) "Respondent" means the person against whom the temporary
restraining order and injunction are sought and, if the petition is
granted, the restrained person.
   (6) "Temporary restraining order" and "injunction" mean orders
that include any of the following restraining orders, whether issued
ex parte or after notice and hearing:
   (A) An order enjoining a party from harassing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, abusing, telephoning, including, but not
limited to, making annoying telephone calls, as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the petitioner.
   (B) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A).
   (7) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
   (c) In the discretion of the court, on a showing of good cause, a
temporary restraining order or injunction issued under this section
may include other named family or household members.
   (d) Upon filing a petition for an injunction under this section,
the petitioner may obtain a temporary restraining order in accordance
with Section 527, except to the extent this section provides a rule
that is inconsistent. The temporary restraining order may include any
of the restraining orders described in paragraph (6) of subdivision
(b). A temporary restraining order may be issued with or without
notice, based on a declaration that, to the satisfaction of the
court, shows reasonable proof of harassment of the petitioner by the
respondent, and that great or irreparable harm would result to the
petitioner.
   (e) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court.
   (f) A temporary restraining order issued under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 21 days, or, if the court extends the time for hearing under
subdivision (g), not to exceed 25 days, unless otherwise modified or
terminated by the court.
   (g) Within 21 days, or, if good cause appears to the court, 25
days from the date that a petition for a temporary order is granted
or denied, a hearing shall be held on the petition for the
injunction. If no request for temporary orders is made, the hearing
shall be held within 21 days, or, if good cause appears to the court,
25 days, from the date that the petition is filed.
   (h) The respondent may file a response that explains, excuses,
justifies, or denies the alleged harassment or may file a
cross-petition under this section.
   (i) At the hearing, the judge shall receive any testimony that is
relevant, and may make an independent inquiry. If the judge finds by
clear and convincing evidence that unlawful harassment exists, an
injunction shall issue prohibiting the harassment.
   (j) (1) In the discretion of the court, an order issued after
notice and hearing under this section may have a duration of not more
than three years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years,
without a showing of any further harassment since the issuance of the
original order, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. The request for renewal may be brought
at any time within the three months before the expiration of the
order.
   (2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
   (3) If an action is filed for the purpose of terminating or
modifying a protective order prior to the expiration date specified
in the order by a party other than the protected party, the party who
is protected by the order shall be given notice, pursuant to
subdivision (b) of Section 1005, of the proceeding by personal
service or, if the protected party has satisfied the requirements of
Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1
of the Government Code, by service on the Secretary of State. If the
party who is protected by the order cannot be notified prior to the
hearing for modification or termination of the protective order, the
court shall deny the motion to modify or terminate the order without
prejudice or continue the hearing until the party who is protected
can be properly noticed and may, upon a showing of good cause,
specify another method for service of process that is reasonably
designed to afford actual notice to the protected party. The
protected party may waive his or her right to notice if he or she is
physically present in court and does not challenge the sufficiency of
the notice.
   (k) This section does not preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
   (l) In a proceeding under this section if there are allegations of
unlawful violence or credible threats of violence, a support person
may accompany a party in court and, if the party is not represented
by an attorney, may sit with the party at the table that is generally
reserved for the party and the party's attorney. The support person
is present to provide moral and emotional support for a person who
alleges he or she is a victim of violence. The support person is not
present as a legal adviser and may not provide legal advice. The
support person may assist the person who alleges he or she is a
victim of violence in feeling more confident that he or she will not
be injured or threatened by the other party during the proceedings if
the person who alleges he or she is a victim of violence and the
other party are required to be present in close proximity. This
subdivision does not preclude the court from exercising its
discretion to remove the support person from the courtroom if the
court believes the support person is prompting, swaying, or
influencing the party assisted by the support person.
   (m) Upon the filing of a petition for an injunction under this
section, the respondent shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may for good cause, on motion of the petitioner
or on its own motion, shorten the time for service on the respondent.
   (n) A notice of hearing under this section shall notify the
respondent that if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.
   (o) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing.
   (2) The reissued order shall state on its face the date of
expiration of the order.
   (p) (1) If a respondent, named in a restraining order issued after
a hearing, has not been served personally with the order but has
received actual notice of the existence and substance of the order
through personal appearance in court to hear the terms of the order
from the court, no additional proof of service is required for
enforcement of the order.
   (2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the respondent does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the respondent by first-class mail
sent to the respondent at the most current address for the respondent
available to the court.
   (3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form:

   "If you have been personally served with this temporary
restraining order and notice of hearing, but you do not appear at the
hearing either in person or by a lawyer, and a restraining order
that is the same as this temporary restraining order except for the
expiration date is issued at the hearing, a copy of the restraining
order will be served on you by mail at the following address: ____.
   If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court."

   (q) (1) Information on any temporary restraining order or
injunction relating to civil harassment issued by a court pursuant to
this section shall be transmitted to the Department of Justice in
accordance with either paragraph (2) or (3).
   (2) The court shall order the petitioner or the attorney for the
petitioner to deliver a copy of an order issued under this section,
or reissuance, extension, modification, or termination of the order,
and any subsequent proof of service, by the close of the business day
on which the order, reissuance, extension, modification, or
termination was made, to a law enforcement agency having jurisdiction
over the residence of the petitioner and to any additional law
enforcement agencies within the court's discretion as are requested
by the petitioner.
   (3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
   (A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).
   (B) With the approval of the Department of Justice, entering the
order or proof of service into CLETS directly.
   (4) Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported
harassment.
   (5) An order issued under this section shall, on request of the
petitioner, be served on the respondent, whether or not the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported harassment involving
the parties to the proceeding. The petitioner shall provide the
officer with an endorsed copy of the order and a proof of service
that the officer shall complete and send to the issuing court.
   (6) Upon receiving information at the scene of an incident of
harassment that a protective order has been issued under this
section, or that a person who has been taken into custody is the
subject of an order, if the protected person cannot produce a
certified copy of the order, a law enforcement officer shall
immediately attempt to verify the existence of the order.
   (7) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and shall at that
time also enforce the order. Verbal notice of the terms of the order
shall constitute service of the order and is sufficient notice for
the purposes of this section and for the purposes of Section 273.6
and subdivision (g) of Section 12021 of the Penal Code.
   (r) The prevailing party in any action brought under this section
may be awarded court costs and attorney's fees, if any.
   (s) Any willful disobedience of any temporary restraining order or
injunction granted under this section is punishable pursuant to
Section 273.6 of the Penal Code.
   (t) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm or ammunition while the protective
order is in effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
   (3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm or ammunition while the
protective order is in effect is punishable pursuant to subdivision
(g) of Section 12021 of the Penal Code.
   (u) This section does not apply to any action or proceeding
covered by Title 1.6C (commencing with Section 1788) of the Civil
Code or by Division 10 (commencing with Section 6200) of the Family
Code. This section does not preclude a petitioner from using other
existing civil remedies.
   (v) (1) The Judicial Council shall develop forms, instructions,
and rules relating to matters governed by this section. The petition
and response forms shall be simple and concise, and their use by
parties in actions brought pursuant to this section shall be
mandatory.
   (2) A temporary restraining order or injunction relating to civil
harassment issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.
   (w) There is no filing fee for a petition that alleges that a
person has inflicted or threatened violence against the petitioner,
or stalked the petitioner, or acted or spoken in any other manner
that has placed the petitioner in reasonable fear of violence, and
that seeks a protective or restraining order or injunction
restraining stalking or future violence or threats of violence, in
any action brought pursuant to this section. No fee shall be paid for
a subpoena filed in connection with a petition alleging these acts.
No fee shall be paid for filing a response to a petition alleging
these acts.
   (x) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process by a sheriff or marshal of a protective order, restraining
order, or injunction to be issued, if either of the following
conditions apply:
   (A) The protective order, restraining order, or injunction issued
pursuant to this section is based upon stalking, as prohibited by
Section 646.9 of the Penal Code.
   (B) The protective order, restraining order, or injunction issued
pursuant to this section is based upon unlawful violence or a
credible threat of violence.
   (2) The Judicial Council shall prepare and develop forms for
persons who wish to avail themselves of the services described in
this subdivision.



527.7.  (a) It shall be unlawful for any group, association,
organization, society, or other assemblage of two or more persons to
meet and to advocate, and to take substantial action in furtherance
of, the commission of an unlawful act of violence or force directed
to and likely to produce the imminent and unlawful infliction of
serious bodily injury or death of another person within this state.
   (b) Whenever it reasonably appears that any group, association,
society, or other assemblage of two or more persons has met and taken
substantial action in furtherance of the commission of an act of
violence made unlawful by subdivision (a) and will engage in those
acts in the future, any aggrieved individual may bring a civil action
in the superior court to enjoin the advocacy of the commission of
any act of violence made unlawful by subdivision (a) at any future
meeting or meetings. Upon a proper showing by clear and convincing
evidence, a permanent or preliminary injunction, restraining order,
or writ of mandate shall be granted.
   (c) Whenever it appears that an action brought under this section
was groundless and brought in bad faith for the purpose of
harassment, the trial court or any appellate court may award to the
defendant attorney's fees and court costs incurred for the purpose of
defending the action.



527.8.  (a) Any employer, whose employee has suffered unlawful
violence or a credible threat of violence from any individual, that
can reasonably be construed to be carried out or to have been carried
out at the workplace, may seek a temporary restraining order and an
injunction on behalf of the employee and, at the discretion of the
court, any number of other employees at the workplace, and, if
appropriate, other employees at other workplaces of the employer.
   (b) For the purposes of this section:
   (1) "Course of conduct" is a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including following or stalking an employee to
or from the place of work; entering the workplace; following an
employee during hours of employment; making telephone calls to an
employee; or sending correspondence to an employee by any means,
including, but not limited to, the use of the public or private
mails, interoffice mail, fax, or computer e-mail.
   (2) "Credible threat of violence" is a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
   (3) "Employer" and "employee" mean persons defined in Section 350
of the Labor Code. "Employer" also includes a federal agency, the
state, a state agency, a city, county, or district, and a private,
public, or quasi-public corporation, or any public agency thereof or
therein. "Employee" also includes the members of boards of directors
of private, public, and quasi-public corporations and elected and
appointed public officers. For purposes of this section only,
"employee" also includes a volunteer or independent contractor who
performs services for the employer at the employer's worksite.
   (4) "Petitioner" means the employer that petitions under
subdivision (a) for a temporary restraining order and injunction.
   (5) "Respondent" means the person against whom the temporary
restraining order and injunction are sought and, if the petition is
granted, the restrained person.
   (6) "Temporary restraining order" and "injunction" mean orders
that include any of the following restraining orders, whether issued
ex parte or after notice and hearing:
   (A) An order enjoining a party from harassing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, abusing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the employee.
   (B) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A).
   (7) "Unlawful violence" is any assault or battery, or stalking as
prohibited in Section 646.9 of the Penal Code, but shall not include
lawful acts of self-defense or defense of others.
   (c) This section does not permit a court to issue a temporary
restraining order or injunction prohibiting speech or other
activities that are constitutionally protected, or otherwise
protected by Section 527.3 or any other provision of law.
   (d) In the discretion of the court, on a showing of good cause, a
temporary restraining order or injunction issued under this section
may include other named family or household members, or other persons
employed at the employee's workplace or workplaces.
   (e) Upon filing a petition for an injunction under this section,
the petitioner may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527, if the petitioner also files a
declaration that, to the satisfaction of the court, shows reasonable
proof that an employee has suffered unlawful violence or a credible
threat of violence by the respondent, and that great or irreparable
harm would result to an employee. The temporary restraining order may
include any of the protective orders described in paragraph (6) of
subdivision (b).
   (f) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court.
   (g) A temporary restraining order granted under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 21 days, or if the court extends the time for hearing under
subdivision (h), not to exceed 25 days, unless otherwise modified or
terminated by the court.
   (h) Within 21 days, or if good cause appears to the court, 25 days
from the date that a petition for a temporary order is granted or
denied, a hearing shall be held on the petition for the injunction.
If no request for temporary orders is made, the hearing shall be held
within 21 days, or, if good cause appears to the court, 25 days,
from the date that the petition is filed.
   (i) The respondent may file a response that explains, excuses,
justifies, or denies the alleged unlawful violence or credible
threats of violence.
   (j) At the hearing, the judge shall receive any testimony that is
relevant and may make an independent inquiry. Moreover, if the
respondent is a current employee of the entity requesting the
injunction, the judge shall receive evidence concerning the employer'
s decision to retain, terminate, or otherwise discipline the
respondent. If the judge finds by clear and convincing evidence that
the respondent engaged in unlawful violence or made a credible threat
of violence, an injunction shall issue prohibiting further unlawful
violence or threats of violence.
   (k) (1) In the discretion of the court, an order issued after
notice and hearing under this section may have a duration of not more
than three years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years,
without a showing of any further violence or threats of violence
since the issuance of the original order, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. The
request for renewal may be brought at any time within the three
months before the expiration of the order.
   (2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
   (3) If an action is filed for the purpose of terminating or
modifying a protective order prior to the expiration date specified
in the order by a party other than the protected party, the party who
is protected by the order shall be given notice, pursuant to
subdivision (b) of Section 1005, of the proceeding by personal
service or, if the protected party has satisfied the requirements of
Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1
of the Government Code, by service on the Secretary of State. If the
party who is protected by the order cannot be notified prior to the
hearing for modification or termination of the protective order, the
court shall deny the motion to modify or terminate the order without
prejudice or continue the hearing until the party who is protected
can be properly noticed and may, upon a showing of good cause,
specify another method for service of process that is reasonably
designed to afford actual notice to the protected party. The
protected party may waive his or her right to notice if he or she is
physically present in court and does not challenge the sufficiency of
the notice.
   (l) This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
   (m) Upon filing of a petition for an injunction under this
section, the respondent shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may, for good cause, on motion of the petitioner
or on its own motion, shorten the time for service on the respondent.
   (n) A notice of hearing under this section shall notify the
respondent that, if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.
   (o) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing.
   (2) The reissued order shall state on its face the date of
expiration of the order.
   (p) (1) If a respondent, named in a restraining order issued under
this section after a hearing, has not been served personally with
the order but has received actual notice of the existence and
substance of the order through personal appearance in court to hear
the terms of the order from the court, no additional proof of service
is required for enforcement of the order.
   (2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the person does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the person by first-class mail sent
to that person at the most current address for the person available
to the court.
   (3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form:

   "If you have been personally served with this temporary
restraining order and notice of hearing, but you do not appear at the
hearing either in person or by a lawyer, and a restraining order
that is the same as this restraining order except for the expiration
date is issued at the hearing, a copy of the order will be served on
you by mail at the following address: ____.
   If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court."

   (q) (1) Information on any temporary restraining order or
injunction relating to workplace violence issued by a court pursuant
to this section shall be transmitted to the Department of Justice in
accordance with either paragraph (2) or (3).
   (2) The court shall order the petitioner or the attorney for the
petitioner to deliver a copy of any order issued under this section,
or a reissuance, extension, modification, or termination of the
order, and any subsequent proof of service, by the close of the
business day on which the order, reissuance, extension, modification,
or termination was made, to each law enforcement agency having
jurisdiction over the residence of the petitioner and to any
additional law enforcement agencies within the court's discretion as
are requested by the petitioner.
   (3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
   (A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).
   (B) With the approval of the Department of Justice, entering the
order or proof of service into CLETS directly.
   (4) Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported
unlawful violence or a credible threat of violence.
   (5) At the request of the petitioner, an order issued under this
section shall be served on the respondent, regardless of whether the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported unlawful violence or
a credible threat of violence involving the parties to the
proceedings. The petitioner shall provide the officer with an
endorsed copy of the order and proof of service that the officer
shall complete and send to the issuing court.
   (6) Upon receiving information at the scene of an incident of
unlawful violence or a credible threat of violence that a protective
order has been issued under this section, or that a person who has
been taken into custody is the subject of an order, if the petitioner
or the protected person cannot produce an endorsed copy of the
order, a law enforcement officer shall immediately attempt to verify
the existence of the order.
   (7) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and obtain the
respondent's address. The law enforcement officer shall at that time
also enforce the order, but may not arrest or take the respondent
into custody for acts in violation of the order that were committed
prior to the verbal notice of the terms and conditions of the order.
The law enforcement officer's verbal notice of the terms of the order
shall constitute service of the order and constitutes sufficient
notice for the purposes of this section and for the purposes of
Section 273.6 and subdivision (g) of Section 12021 of the Penal Code.
The petitioner shall mail an endorsed copy of the order to the
respondent's mailing address provided to the law enforcement officer
within one business day of the reported incident of unlawful violence
or a credible threat of violence at which a verbal notice of the
terms of the order was provided by a law enforcement officer.
   (r) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm or ammunition while the protective
order is in effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
   (3) Every person who owns, possesses, purchases or receives, or
attempts to purchase or receive a firearm or ammunition while the
protective order is in effect is punishable pursuant to subdivision
(g) of Section 12021 of the Penal Code.
   (s) Any intentional disobedience of any temporary restraining
order or injunction granted under this section is punishable pursuant
to Section 273.6 of the Penal Code.
   (t) Nothing in this section may be construed as expanding,
diminishing, altering, or modifying the duty, if any, of an employer
to provide a safe workplace for employees and other persons.
   (u) (1) The Judicial Council shall develop forms, instructions,
and rules for relating to matters governed by this section. The forms
for the petition and response shall be simple and concise, and their
use by parties in actions brought pursuant to this section shall be
mandatory.
   (2) A temporary restraining order or injunction relating to
unlawful violence or a credible threat of violence issued by a court
pursuant to this section shall be issued on forms adopted by the
Judicial Council of California and that have been approved by the
Department of Justice pursuant to subdivision (i) of Section 6380 of
the Family Code. However, the fact that an order issued by a court
pursuant to this section was not issued on forms adopted by the
Judicial Council and approved by the Department of Justice shall not,
in and of itself, make the order unenforceable.
   (v) There is no filing fee for a petition that alleges that a
person has inflicted or threatened violence against an employee of
the petitioner, or stalked the employee, or acted or spoken in any
other manner that has placed the employee in reasonable fear of
violence, and that seeks a protective or restraining order or
injunction restraining stalking or future violence or threats of
violence, in any action brought pursuant to this section. No fee
shall be paid for a subpoena filed in connection with a petition
alleging these acts. No fee shall be paid for filing a response to a
petition alleging these acts.
   (w) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process by a sheriff or marshal of a temporary restraining order
or injunction to be issued pursuant to this section if either of the
following conditions apply:
   (A) The temporary restraining order or injunction issued pursuant
to this section is based upon stalking, as prohibited by Section
646.9 of the Penal Code.
   (B) The temporary restraining order or injunction issued pursuant
to this section is based on unlawful violence or a credible threat of
violence.
   (2) The Judicial Council shall prepare and develop forms for
persons who wish to avail themselves of the services described in
this subdivision.


527.85.  (a) Any chief administrative officer of a postsecondary
educational institution, or an officer or employee designated by the
chief administrative officer to maintain order on the school campus
or facility, a student of which has suffered a credible threat of
violence made off the school campus or facility from any individual,
which can reasonably be construed to be carried out or to have been
carried out at the school campus or facility, may, with the written
consent of the student, seek a temporary restraining order and an
injunction, on behalf of the student and, at the discretion of the
court, any number of other students at the campus or facility who are
similarly situated.
   (b) For the purposes of this section, the following definitions
shall apply:
   (1) "Chief administrative officer" means the principal, president,
or highest ranking official of the postsecondary educational
institution.
   (2) "Course of conduct" means a pattern of conduct composed of a
series of acts over a period of time, however short, evidencing a
continuity of purpose, including any of the following:
   (A) Following or stalking a student to or from school.
   (B) Entering the school campus or facility.
   (C) Following a student during school hours.
   (D) Making telephone calls to a student.
   (E) Sending correspondence to a student by any means, including,
but not limited to, the use of the public or private mails,
interoffice mail, fax, or computer e-mail.
   (3) "Credible threat of violence" means a knowing and willful
statement or course of conduct that would place a reasonable person
in fear for his or her safety, or the safety of his or her immediate
family, and that serves no legitimate purpose.
   (4) "Petitioner" means the chief administrative officer, or his or
her designee, who petitions under subdivision (a) for a temporary
restraining order and injunction.
   (5) "Postsecondary educational institution" means a private
institution of vocational, professional, or postsecondary education.
   (6) "Respondent" means the person against whom the temporary
restraining order and injunction are sought and, if the petition is
granted, the restrained person.
   (7) "Student" means an adult currently enrolled in or applying for
admission to a postsecondary educational institution.
   (8) "Temporary restraining order" and "injunction" mean orders
that include any of the following restraining orders, whether issued
ex parte, or after notice and hearing:
   (A) An order enjoining a party from harassing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, abusing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of the student.
   (B) An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph (A).
   (9) "Unlawful violence" means any assault or battery, or stalking
as prohibited in Section 646.9 of the Penal Code, but shall not
include lawful acts of self-defense or defense of others.
   (c) This section does not permit a court to issue a temporary
restraining order or injunction prohibiting speech or other
activities that are constitutionally protected, or otherwise
protected by Section 527.3 or any other provision of law.
   (d) In the discretion of the court, on a showing of good cause, a
temporary restraining order or injunction issued under this section
may include other named family or household members of the student,
or other students at the campus or facility.
   (e) Upon filing a petition for an injunction under this section,
the petitioner may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527, if the petitioner also files a
declaration that, to the satisfaction of the court, shows reasonable
proof that a student has suffered a credible threat of violence made
off the school campus or facility by the respondent, and that great
or irreparable harm would result to the student. The temporary
restraining order may include any of the protective orders described
in paragraph (8) of subdivision (b).
   (f) A request for the issuance of a temporary restraining order
without notice under this section shall be granted or denied on the
same day that the petition is submitted to the court, unless the
petition is filed too late in the day to permit effective review, in
which case the order shall be granted or denied on the next day of
judicial business in sufficient time for the order to be filed that
day with the clerk of the court.
   (g) A temporary restraining order granted under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 21 days, or if the court extends the time for hearing under
subdivision (h), not to exceed 25 days, unless otherwise modified or
terminated by the court.
   (h) Within 21 days, or if good cause appears to the court, within
25 days, from the date that a petition for a temporary order is
granted or denied, a hearing shall be held on the petition for the
injunction. If no request for temporary orders is made, the hearing
shall be held within 21 days, or if good cause appears to the court,
25 days, from the date the petition is filed.
   (i) The respondent may file a response that explains, excuses,
justifies, or denies the alleged credible threats of violence.
   (j) At the hearing, the judge shall receive any testimony that is
relevant and may make an independent inquiry. Moreover, if the
respondent is a current student of the entity requesting the
injunction, the judge shall receive evidence concerning the decision
of the postsecondary educational institution decision to retain,
terminate, or otherwise discipline the respondent. If the judge finds
by clear and convincing evidence that the respondent made a credible
threat of violence off the school campus or facility, an injunction
shall be issued prohibiting further threats of violence.
   (k) (1) In the discretion of the court, an order issued after
notice and hearing under this section may have a duration of not more
than three years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed, upon the
request of a party, for a duration of not more than three years,
without a showing of any further violence or threats of violence
since the issuance of the original order, subject to termination or
modification by further order of the court either on written
stipulation filed with the court or on the motion of a party. The
request for renewal may be brought at any time within the three
months before the expiration of the order.
   (2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
   (3) If an action is filed for the purpose of terminating or
modifying a protective order prior to the expiration date specified
in the order by a party other than the protected party, the party who
is protected by the order shall be given notice, pursuant to
subdivision (b) of Section 1005, of the proceeding by personal
service or, if the protected party has satisfied the requirements of
Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1
of the Government Code, by service on the Secretary of State. If the
party who is protected by the order cannot be notified prior to the
hearing for modification or termination of the protective order, the
court shall deny the motion to modify or terminate the order without
prejudice or continue the hearing until the party who is protected
can be properly noticed and may, upon a showing of good cause,
specify another method for service of process that is reasonably
designed to afford actual notice to the protected party. The
protected party may waive his or her right to notice if he or she is
physically present in court and does not challenge the sufficiency of
the notice.
   (l) This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
   (m) Upon filing of a petition for an injunction under this
section, the respondent shall be personally served with a copy of the
petition, temporary restraining order, if any, and notice of hearing
of the petition. Service shall be made at least five days before the
hearing. The court may, for good cause, on motion of the petitioner
or on its own motion, shorten the time for service on the respondent.
   (n) A notice of hearing under this section shall notify the
respondent that if he or she does not attend the hearing, the court
may make orders against him or her that could last up to three years.
   (o) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing.
   (2) The reissued order shall state on its face the date of
expiration of the order.
   (p) (1) If a respondent, named in an order issued under this
section after a hearing, has not been served personally with the
order but has received actual notice of the existence and substance
of the order through personal appearance in court to hear the terms
of the order from the court, no additional proof of service is
required for enforcement of the order.
   (2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the respondent does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the respondent by first-class mail
sent to that person at the most current address for the respondent
available to the court.
   (3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form:

   "If you have been personally served with a temporary restraining
order and notice of hearing, but you do not appear at the hearing
either in person or by a lawyer, and a restraining order that is the
same as this temporary restraining order except for the expiration
date is issued at the hearing, a copy of the order will be served on
you by mail at the following address:____.
   If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court."

   (q) (1) Information on any temporary restraining order or
injunction relating to school site violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with either paragraph (2) or (3).
   (2) The court shall order the petitioner or the attorney for the
petitioner to deliver a copy of any order issued under this section,
or a reissuance, extension, modification, or termination of the
order, and any subsequent proof of service, by the close of the
business day on which the order, reissuance, or termination of the
order, and any proof of service, was made, to each law enforcement
agency having jurisdiction over the residence of the petition and to
any additional law enforcement agencies within the court's discretion
as are requested by the petitioner.
   (3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
   (A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).
   (B) With the approval of the Department of Justice, entering the
order of proof of service into CLETS directly.
   (4) Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported
unlawful violence or a credible threat of violence.
   (5) At the request of the petitioner, an order issued under this
section shall be served on the respondent, regardless of whether the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported unlawful violence or
a credible threat of violence involving the parties to the
proceedings. The petitioner shall provide the officer with an
endorsed copy of the order and proof of service that the officer
shall complete and send to the issuing court.
   (6) Upon receiving information at the scene of an incident of
unlawful violence or a credible threat of violence that a protective
order has been issued under this section, or that a person who has
been taken into custody is the subject of an order, if the petitioner
or the protected person cannot produce an endorsed copy of the
order, a law enforcement officer shall immediately attempt to verify
the existence of the order.
   (7) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and obtain the
respondent's address. The law enforcement officer shall at that time
also enforce the order, but may not arrest or take the respondent
into custody for acts in violation of the order that were committed
prior to the verbal notice of the terms and conditions of the order.
The law enforcement officer's verbal notice of the terms of the order
shall constitute service of the order and constitutes sufficient
notice for the purposes of this section, and Section 273.6 and
subdivision (g) of Section 12021 of the Penal Code. The petitioner
shall mail an endorsed copy of the order to the respondent's mailing
address provided to the law enforcement officer within one business
day of the reported incident of unlawful violence or a credible
threat of violence at which a verbal notice of the terms of the order
was provided by a law enforcement officer.
   (r) (1) A person subject to a protective order issued under this
section shall not own, possess, purchase, receive, or attempt to
purchase or receive a firearm or ammunition while the protective
order is in effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9.
   (3) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive a firearm or ammunition while the
protective order is in effect is punishable pursuant to subdivision
(g) of Section 12021 of the Penal Code.
   (s) Any intentional disobedience of any temporary restraining
order or injunction granted under this section is punishable pursuant
to Section 273.6 of the Penal Code.
   (t) Nothing in this section may be construed as expanding,
diminishing, altering, or modifying the duty, if any, of a
postsecondary educational institution to provide a safe environment
for students and other persons.
   (u) (1) The Judicial Council shall develop forms, instructions,
and rules relating to matters governed by this section. The forms for
the petition and response shall be simple and concise, and their use
by parties in actions brought pursuant to this section shall be
mandatory.
   (2) A temporary restraining order or injunction relating to
unlawful violence or a credible threat of violence issued by a court
pursuant to this section shall be issued on forms adopted by the
Judicial Council and that have been approved by the Department of
Justice pursuant to subdivision (i) of Section 6380 of the Family
Code. However, the fact that an order issued by a court pursuant to
this section was not issued on forms adopted by the Judicial Council
and approved by the Department of Justice shall not, in and of
itself, make the order unenforceable.
   (v) There is no filing fee for a petition that alleges that a
person has threatened violence against a student of the petitioner,
or stalked the student, or acted or spoken in any other manner that
has placed the student in reasonable fear of violence, and that seeks
a protective or restraining order or injunction restraining stalking
or future threats of violence, in any action brought pursuant to
this section. No fee shall be paid for a subpoena filed in connection
with a petition alleging these acts. No fee shall be paid for filing
a response to a petition alleging these acts.
   (w) (1) Subject to paragraph (4) of subdivision (b) of Section
6103.2 of the Government Code, there shall be no fee for the service
of process by a sheriff or marshal of a temporary restraining order
or injunction to be issued pursuant to this section if either of the
following conditions apply:
   (A) The temporary restraining order or injunction issued pursuant
to this section is based upon stalking, as prohibited by Section
646.9 of the Penal Code.
   (B) The temporary restraining order or injunction issued pursuant
to this section is based upon a credible threat of violence.
   (2) The Judicial Council shall prepare and develop forms for
persons who wish to avail themselves of the services described in
this subdivision.



527.9.  (a) A person subject to a temporary restraining order or
injunction issued pursuant to Section 527.6, 527.8, or 527.85 or
subject to a restraining order issued pursuant to Section 136.2 of
the Penal Code, or Section 15657.03 of the Welfare and Institutions
Code, shall relinquish the firearm pursuant to this section.
   (b) Upon the issuance of a protective order against a person
pursuant to subdivision (a), the court shall order that person to
relinquish any firearm in that person's immediate possession or
control, or subject to that person's immediate possession or control,
within 24 hours of being served with the order, either by
surrendering the firearm to the control of local law enforcement
officials, or by selling the firearm to a licensed gun dealer, as
specified in Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6 of the Penal Code. A person ordered to relinquish any
firearm pursuant to this subdivision shall file with the court a
receipt showing the firearm was surrendered to the local law
enforcement agency or sold to a licensed gun dealer within 48 hours
after receiving the order. In the event that it is necessary to
continue the date of any hearing due to a request for a
relinquishment order pursuant to this section, the court shall ensure
that all applicable protective orders described in Section 6218 of
the Family Code remain in effect or bifurcate the issues and grant
the permanent restraining order pending the date of the hearing.
   (c) A local law enforcement agency may charge the person subject
to the order or injunction a fee for the storage of any firearm
relinquished pursuant to this section. The fee shall not exceed the
actual cost incurred by the local law enforcement agency for the
storage of the firearm. For purposes of this subdivision, "actual
cost" means expenses directly related to taking possession of a
firearm, storing the firearm, and surrendering possession of the
firearm to a licensed dealer as defined in Section 26700 of the Penal
Code or to the person relinquishing the firearm.
   (d) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (b) shall state on its face that the
respondent is prohibited from owning, possessing, purchasing, or
receiving a firearm while the protective order is in effect and that
the firearm shall be relinquished to the local law enforcement agency
for that jurisdiction or sold to a licensed gun dealer, and that
proof of surrender or sale shall be filed with the court within a
specified period of receipt of the order. The order shall also state
on its face the expiration date for relinquishment. Nothing in this
section shall limit a respondent's right under existing law to
petition the court at a later date for modification of the order.
   (e) The restraining order requiring a person to relinquish a
firearm pursuant to subdivision (b) shall prohibit the person from
possessing or controlling any firearm for the duration of the order.
At the expiration of the order, the local law enforcement agency
shall return possession of any surrendered firearm to the respondent,
within five days after the expiration of the relinquishment order,
unless the local law enforcement agency determines that (1) the
firearm has been stolen, (2) the respondent is prohibited from
possessing a firearm because the respondent is in any prohibited
class for the possession of firearms, as defined in Chapter 2
(commencing with Section 29800) and Chapter 3 (commencing with
Section 29900) of Division 9 of Title 4 of Part 6 of the Penal Code
and Sections 8100 and 8103 of the Welfare and Institutions Code, or
(3) another successive restraining order is issued against the
respondent under this section. If the local law enforcement agency
determines that the respondent is the legal owner of any firearm
deposited with the local law enforcement agency and is prohibited
from possessing any firearm, the respondent shall be entitled to sell
or transfer the firearm to a licensed dealer as defined in Section
26700 of the Penal Code. If the firearm has been stolen, the firearm
shall be restored to the lawful owner upon his or her identification
of the firearm and proof of ownership.
   (f) The court may, as part of the relinquishment order, grant an
exemption from the relinquishment requirements of this section for a
particular firearm if the respondent can show that a particular
firearm is necessary as a condition of continued employment and that
the current employer is unable to reassign the respondent to another
position where a firearm is unnecessary. If an exemption is granted
pursuant to this subdivision, the order shall provide that the
firearm shall be in the physical possession of the respondent only
during scheduled work hours and during travel to and from his or her
place of employment. In any case involving a peace officer who as a
condition of employment and whose personal safety depends on the
ability to carry a firearm, a court may allow the peace officer to
continue to carry a firearm, either on duty or off duty, if the court
finds by a preponderance of the evidence that the officer does not
pose a threat of harm. Prior to making this finding, the court shall
require a mandatory psychological evaluation of the peace officer and
may require the peace officer to enter into counseling or other
remedial treatment program to deal with any propensity for domestic
violence.
   (g) During the period of the relinquishment order, a respondent is
entitled to make one sale of all firearms that are in the possession
of a local law enforcement agency pursuant to this section. A
licensed gun dealer, who presents a local law enforcement agency with
a bill of sale indicating that all firearms owned by the respondent
that are in the possession of the local law enforcement agency have
been sold by the respondent to the licensed gun dealer, shall be
given possession of those firearms, at the location where a
respondent's firearms are stored, within five days of presenting the
local law enforcement agency with a bill of sale.



527.10.  (a) The court shall order that any party enjoined pursuant
to Section 527.6, 527.8, or 527.85 be prohibited from taking any
action to obtain the address or location of any protected person,
unless there is good cause not to make that order.
   (b) The Judicial Council shall develop forms necessary to
effectuate this section.



528.  An injunction cannot be allowed after the defendant has
answered, unless upon notice, or upon an order to show cause; but in
such case the defendant may be restrained until the decision of the
Court or Judge granting or refusing the injunction.




529.  (a) On granting an injunction, the court or judge must require
an undertaking on the part of the applicant to the effect that the
applicant will pay to the party enjoined any damages, not exceeding
an amount to be specified, the party may sustain by reason of the
injunction, if the court finally decides that the applicant was not
entitled to the injunction. Within five days after the service of the
injunction, the person enjoined may object to the undertaking. If
the court determines that the applicant's undertaking is insufficient
and a sufficient undertaking is not filed within the time required
by statute, the order granting the injunction must be dissolved.
   (b) This section does not apply to any of the following persons:
   (1) Either spouse against the other in a proceeding for legal
separation or dissolution of marriage.
   (2) The applicant for an order described in Division 10
(commencing with Section 6200) of the Family Code.
   (3) A public entity or officer described in Section 995.220.



529.1.  (a) In all actions in which the court has granted an
injunction sought by any plaintiff to enjoin a construction project
which has received all legally required licenses and permits, the
defendant may apply to the court by noticed motion for an order
requiring the plaintiff to furnish an undertaking as security for
costs and any damages that may be incurred by the defendant by the
conclusion of the action or proceeding as the result of a delay in
the construction of the project. The motion shall be made on the
grounds that there is no reasonable possibility that the plaintiff
will obtain a judgment against the moving defendant and that the
plaintiff will not suffer undue economic hardship by filing the
undertaking.
   (b) If the court, after hearing, determines that the grounds for
the motion have been established, the court shall order that the
plaintiff file the undertaking in an amount specified in the court's
order as security for costs and damages of the defendant. The
liability of the plaintiff pursuant to this section for the costs and
damages of the defendant shall not exceed five hundred thousand
dollars ($500,000).
   (c) As used in this section, a construction project includes, but
is not restricted to, the construction, surveying, design,
specifications, alteration, repair, improvement, maintenance,
removal, or demolition of any building, highway, road, parking
facility, bridge, railroad, airport, pier or dock, excavation or
other structure, development or other improvement to real or personal
property.



529.2.  (a) In all civil actions, including, but not limited to,
actions brought pursuant to Section 21167 of the Public Resources
Code, brought by any plaintiff to challenge a housing project which
is a development project, as defined by Section 65928 of the
Government Code, and which meets or exceeds the requirements for low-
or moderate-income housing as set forth in Section 65915 of the
Government Code, a defendant may, if the bringing of the action or
the seeking by the plaintiff of particular relief including, but not
limited to, injunctions, has the effect of preventing or delaying the
project from being carried out, apply to the court by noticed motion
for an order requiring the plaintiff to furnish an undertaking as
security for costs and any damages that may be incurred by the
defendant by the conclusion of the action or proceeding as the result
of a delay in carrying out the development project. The motion shall
be made on the grounds that: (1) the action was brought in bad
faith, vexatiously, for the purpose of delay, or to thwart the low-
or moderate-income nature of the housing development project, and (2)
the plaintiff will not suffer undue economic hardship by filing the
undertaking.
   (b) If the court, after hearing, determines that the grounds for
the motion have been established, the court shall order that the
plaintiff file the undertaking in an amount specified in the court's
order as security for costs and damages of the defendant. The
liability of the plaintiff pursuant to this section for the costs and
damages of the defendant shall not exceed five hundred thousand
dollars ($500,000).
   (c) If at any time after the plaintiff has filed an undertaking
the housing development plan is changed by the developer in bad faith
so that it fails to meet or exceed the requirements for low- or
moderate-income housing as set forth in Section 65915 of the
Government Code, the developer shall be liable to the plaintiff for
the cost of obtaining the undertaking.



530.  In all actions which may be hereafter brought when an
injunction or restraining order may be applied for to prevent the
diversion, diminution or increase of the flow of water in its natural
channels, to the ordinary flow of which the plaintiff claims to be
entitled, the court shall first require due notice of the application
to be served upon the defendant, unless it shall appear from the
verified complaint or affidavits upon which the application therefor
is made, that, within ten days prior to the time of such application,
the plaintiff has been in the peaceable possession of the flow of
such water, and that, within such time, said plaintiff has been
deprived of the flow thereof by the wrongful diversion of such flow
by the defendant, or that the plaintiff, at the time of such
application, is, and for ten days prior thereto, has been, in
possession of the flow of said water, and that the defendant
threatens to divert the flow of such water; and if such notice of
such application be given and upon the hearing thereof, it be made to
appear to the court that plaintiff is entitled to the injunction,
but that the issuance thereof pending the litigation will entail
great damage upon defendant, and that plaintiff will not be greatly
damaged by the acts complained of pending the litigation, and can be
fully compensated for such damage as he may suffer, the court may
refuse the injunction upon the defendant giving a bond such as is
provided for in section five hundred and thirty-two; and upon the
trial the same proceedings shall be had, and with the same effect as
in said section provided.



531.  An injunction to suspend the general and ordinary business of
a corporation can not be granted without due notice of the
application therefor to the proper officers or managing agent of the
corporation, except when the people of this state are a party to the
proceeding.



532.  (a) If an injunction is granted without notice to the person
enjoined, the person may apply, upon reasonable notice to the judge
who granted the injunction, or to the court in which the action was
brought, to dissolve or modify the injunction. The application may be
made upon the complaint or the affidavit on which the injunction was
granted, or upon affidavit on the part of the person enjoined, with
or without the answer. If the application is made upon affidavits on
the part of the person enjoined, but not otherwise, the person
against whom the application is made may oppose the application by
affidavits or other evidence in addition to that on which the
injunction was granted.
   (b) In all actions in which an injunction or restraining order has
been or may be granted or applied for, to prevent the diversion,
pending the litigation, of water used, or to be used, for irrigation
or domestic purposes only, if it is made to appear to the court that
great damage will be suffered by the person enjoined, in case the
injunction is continued, and that the person in whose behalf it
issued can be fully compensated for any damages suffered by reason of
the continuance of the acts enjoined during the pendency of the
litigation, the court in its discretion, may dissolve or modify the
injunction. The dissolution or modification shall be subject to the
person enjoined giving a bond in such amount as may be fixed by the
court or judge, conditioned that the enjoined person will pay all
damages which the person in whose behalf the injunction issued may
suffer by reason of the continuance, during the litigation, of the
acts complained of. Upon the trial the amount of the damages must be
ascertained, and in case judgment is rendered for the person in whose
behalf the injunction was granted, the amount fixed as damages must
be included in the judgment, together with reasonable attorney's
fees. In any proceedings to enforce the liability on the bond, the
amount of the damages as fixed in the judgment is conclusive.



533.  In any action, the court may on notice modify or dissolve an
injunction or temporary restraining order upon a showing that there
has been a material change in the facts upon which the injunction or
temporary restraining order was granted, that the law upon which the
injunction or temporary restraining order was granted has changed, or
that the ends of justice would be served by the modification or
dissolution of the injunction or temporary restraining order.



534.  In any action brought by a riparian owner to enjoin the
diversion of water appropriated or proposed to be appropriated, or
the use thereof, against any person or persons appropriating or
proposing to appropriate such waters, the defendant may set up in his
answer that the water diverted or proposed to be diverted is for the
irrigation of land or other public use, and, in such case, he shall
also in such answer set forth the quantity of water desired to be
taken and necessary to such irrigation of land or the public use, the
nature of such use, the place where the same is used or proposed to
be used, the duration and extent of the diversion or the proposed
diversion, including the stages of the flow of the stream at and
during the time in which the water is to be diverted, and that the
same may be diverted without interfering with the actual and
necessary beneficial uses of the plaintiff, and that such defendant
so answering desires that the court shall ascertain and fix the
damages, if any, that will result to the plaintiff or to his riparian
lands from the appropriation of the water so appropriated or
intended to be appropriated by defendant.
   The plaintiff may serve and file a reply to the defendant's answer
stating plaintiff's rights to the water and the damage plaintiff
will suffer by the defendant's taking of the water, and plaintiff may
implead as parties to the action all persons necessary to a full
determination of the rights of plaintiff to the water and the damages
plaintiff will suffer by the proposed taking by defendant, and the
court shall have jurisdiction to hear and determine all the rights to
water of the plaintiff and other parties to the action, and said
parties shall have a right to state and prove their rights, and shall
be bound by the judgment rendered the same as though made parties
plaintiff at the commencement of the action.
   Upon the trial of the case the court shall receive and hear
evidence on behalf of the respective parties, and if the court finds
that the allegations of such answer are true as to the aforesaid
matters, and that the appropriation and diversion of such waters is
for irrigation of land or other public use and that, after allowing
sufficient water for the actual and necessary beneficial uses of the
plaintiff and other parties, there is water available to be
beneficially appropriated by such defendant so answering, the court
shall fix the time and manner and extent of such appropriation and
the actual damages, if any, resulting to the plaintiff or other
parties on account of the same, and in fixing such damages the court
shall be guided by Article 5 (commencing with Section 1263.410) of
Chapter 9 of Title 7 of Part 3, and if, upon the ascertainment and
fixing of such damages the defendant, within the time allowed in
Section 1268.010 for the payment of damages in proceedings in eminent
domain, shall pay into court the amount of damages fixed and the
costs adjudged to be paid by such defendant, or give a good and
sufficient bond to pay the same upon the final settlement of the
case, the injunction prayed for by the plaintiff shall be denied to
the extent of the amount the defendant is permitted to appropriate,
as aforesaid, and the temporary injunction, if any has been granted,
shall be vacated to the extent aforesaid; provided, that any of the
parties may appeal from such judgment as in other cases; and
provided, further, that if such judgment is in favor of the defendant
and if he upon and pending such appeal shall keep on deposit with
the clerk of said court the amount of such damages and costs, or the
bond, if it be given, so awarded to be paid to the plaintiff or other
parties in the event such judgment shall be affirmed, no injunction
against the appropriation of the amount the defendant is permitted to
appropriate as aforesaid shall be granted or enforced pending such
appeal, and, upon the acceptance by the plaintiff or other parties of
such amount so awarded or upon the affirmation of such decision on
appeal so that such judgment shall become final, the defendant shall
have the right to divert and appropriate from such stream, against
such plaintiff or other parties and his successors in interest, the
quantity of water therein adjudged and allowed. Upon the filing of
such answer as is herein provided for, the parties plaintiff or other
parties and defendant shall be entitled to a jury trial upon the
issues as to damages so raised, as provided in Title 7 (commencing
with Section 1230.010) of Part 3, applying to proceedings in eminent
domain.






No comments: