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 _________________

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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 )
)
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21 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:

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

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 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,
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Assessor Parcel Number ________________ (Subject Property).
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Plaintiff ______________ makes this application pursuant to California Rules of Court
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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
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while maintaining control over the Subject Property.
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This ex-parte application will be based upon this Notice, the Memorandum of Points and
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Authorities in support thereof, the files and records of this case, the declaration of _____________
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13 and Exhibits attached thereto, and such other and further oral and documentary evidence as may be

14 presented at the hearing.

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16 Dated: ________________ __________________________________________

ANY PARTY
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 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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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 __________________________________________.

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You need to state the facts that pertain to your particular
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11 situation. Do NOT just use the wording here unless it fits your
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particular situation.
14 II.
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LEGAL ARGUMENT
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A. PLAINTIFF WILL SUFFER GREAT AND IRREPARABLE INJURY IF
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THIS COURT DOES NOT GRANT THEIR EX-PARTE APPLICATION
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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
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____________________________________________________________________.
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As set forth above in the declaration of ___________, the Defendants in this action have gone
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now for almost five years without paying any of the money required by the agreement with
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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
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 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.
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To purchase the entire document visit:
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5 https://legaldocspro.myshopify.com/products/sample-ex-parte-
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7
application-for-temporary-restraining-order-in-california
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