You are on page 1of 4

1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

10

11 Any Plaintiff, ) Case No.


)
12 Plaintiff, ) NOTICE OF EX-PARTE APPLICATION AND EX-
) PARTE APPLICATION FOR TEMPORARY
13 vs. ) RESTRAINING ORDER AND REQUEST FOR
) ORDER TO SHOW CAUSE WHY A
14 Any Defendant, and DOES 1-5 ) PRELIMINARY INJUNCTION SHOULD NOT
) ISSUE PROHIBITING DEFENDANT FROM
15 Defendants. ) SELLING REAL PROPERTY PENDING TRIAL,
) MEMORANDUM OF POINTS AND
16 ) AUTHORITIES, DECLARATION OF __________,
) EXHIBITS
17 )
) DATE:
18 ) TIME:
) DEPT:
19 )
)
20 )

21 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:


22
PLEASE TAKE NOTICE THAT on ___________ at ___M., or as soon thereafter as
23
the matter can be heard, in Dept. _____ of the above-entitled Court located at ______________,
24
Plaintiff _____________________, will and does move the Court by ex-parte application for a
25

26 Temporary Restraining Order and a request for an order to show cause why a preliminary injunction

27 should not issue prohibiting Defendant ______________________ their agents, attorneys, and
28 representatives, and all persons acting in concert or participating with them, from selling, attempting

- 1 -
1 to sell, or causing to be sold the parcel of real property identified in Plaintiffs complaint, which is
2 located at _________________, City of ______________, County of _________, California,
3
Assessor Parcel Number ________________ (Subject Property).
4
Plaintiff ______________ makes this application pursuant to California Rules of Court
5

6
3.1150 and 3.1200 et. seq., and Code of Civil Procedure 527 on the ground that Defendants

7 defrauded Plaintiff out of a vested interest in the Subject Property by fraudulently conveying the

8 Subject Property to ____________ without satisfying Plaintiffs deed of trust against the property
9
while maintaining control over the Subject Property.
10
This ex-parte application will be based upon this Notice, the Memorandum of Points and
11
Authorities in support thereof, the files and records of this case, the declaration of _____________
12

13 and Exhibits attached thereto, and such other and further oral and documentary evidence as may be

14 presented at the hearing.


15

16 Dated: ________________ __________________________________________


ANY PARTY
17

18

19

20

21

22

23

24

25

26

27

28

- 2 -
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4

6
This case involves __________________________________________.

7 Plaintiff is requesting ex-parte relief as they will suffer great and irreparable injury if the

8 Court does not act immediately in that __________________________________________.


9
You need to state the facts that pertain to your particular
10

11 situation. Do NOT just use the wording here unless it fits your
12

13
particular situation.
14 II.
15
LEGAL ARGUMENT
16
A. PLAINTIFF WILL SUFFER GREAT AND IRREPARABLE INJURY IF
17
THIS COURT DOES NOT GRANT THEIR EX-PARTE APPLICATION
18

19 Plaintiff cannot wait for the time required for a regular noticed motion. If this Court does

20 not act immediately in granting ex-parte relief, Plaintiff will suffer great and irreparable injury in that
21
____________________________________________________________________.
22
As set forth above in the declaration of ___________, the Defendants in this action have gone
23
now for almost five years without paying any of the money required by the agreement with
24

25 ____________. __________ has obtained a judgment against the Defendants because he was a

26 secured creditor regarding the Subject Property. Nevertheless, the Defendants found a way to
27

28

- 3 -
1 circumvent ___________s secured interest in the Subject Property have essentially been hiding in
2 Nevada since that time to avoid having to pay anything to ________ on the obligation.
3
To purchase the entire document visit:
4

5 https://legaldocspro.myshopify.com/products/sample-ex-parte-
6

7
application-for-temporary-restraining-order-in-california
8

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

- 4 -