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 Motion for Preliminary Injunction

 Superior Court of California
 Los Angeles County

Temporary Restraining Order or Order to Show Cause

For instructions on how to apply for an urgent injunction either on a temporary restraining order ("TRO") or more...   See

Any Time Before Judgment

A preliminary injunction may be granted at any time before judgment. . more...

Cut-Off Date

Judges often set a motion cut-off date or deadline. more...

Service of Motion Papers

Personal Service 16 Days Before Hearing

If papers are served by personal service, service must be made at least 16 court days before the more...

Extensions For Traditional Mail Service

If service is made by mail, service must be made at least 16 courts days before the hearing, more...

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Extensions For Facsimile or Express Mail Service

There are two authorities with differing requirements regarding service by facsimile (but there is only source of timing requirements more...

Extension for Electronic Service--2 Court Days

If a document is served electronically, any period of notice, or any right or duty to act or more...

Calculating the Deadline

The time in which any act provided by law is to be done is computed by excluding the more...

If the last day for the performance of any act provided or required by law to be performed more...

If any city, county, state, or public office, other than a branch office, is closed for the whole more...

Order Shortening Time

The court, on its own motion or on application for an order shortening time supported by a declaration more...

Scheduling the Hearing

Most judges require reservation of hearing dates. Reservations may be made by contacting the courtroom of the judge who will hear the motion. more...

Notice Required

No preliminary injunction will issue without notice to the opposing party. . more...

Manner of Application and Service

A party requesting a preliminary injunction may give notice of the request to the opposing or responding party more...

Grounds for Preliminary Injunction

A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits more...

Undertaking and Proposed Order Required

Notwithstanding California Rule of Court 3.1312, whenever an application for a preliminary injunction is granted, a proposed order must more...

Injunctions In CEQA Actions

Application of Mandamus Rules

The rules for prerogative writs also apply to mandamus actions challenging a CEQA agency decision (Publ. Res. Code, more...

Where Filed

Notwithstanding , CEQA actions must be filed in the Central District where they will be assigned to Department 1, more...

Meet and Confer

The guidelines adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to more...

Caption

Demurrer

A demurrer must state, on the first page below the number of the case, the name of the more...

Subsequent Papers

On any pleading or paper subsequent to the initial complaint or cross-complaint, it is sufficient in the title of the case to state the name of the first party on more...

Additional Information

The first page of the motion or demurrer must specify, immediately below the number of the case, the more...

Notice of Motion

Every motion must include a written notice of motion that sets forth when and where the motion will more...

Motion

Motion papers must include "the motion itself." . A motion must identify the moving party and the party to whom it is addressed, describe the basis more...

Memorandum of Points and Authorities

Required

Every motion must be supported by a memorandum unless the motion is one of the types specifically exempted more...

Content

The memorandum must contain a statement of facts, and a concise statement of the law, evidence and arguments more...

15 Page Limit on Briefs

Except in a summary judgment or summary adjudication motion, a memorandum of points and authorities in support of more...

Table of Contents

A memorandum that exceeds 10 pages must include a table of contents and table of authorities. . more...

Summary of Argument

A memorandum that exceeds 15 pages must also include an opening summary of argument. . (renumbered 1/1/07) more...

Citations to Authority and Exhibits

Case citations must include the official report volume and page number and year of decision. . more...

A judge may require that authority from outside California be lodged with the papers that cite the authority more...

References to exhibits must include the number or letter of the exhibit, the specific page and specific paragraph more...

Reference to Previously Filed Papers

Any paper previously filed must be referred to by date of execution and title. . more...

Style of Citations

Citations to cases and other authorities in all documents filed in the courts must be in the style more...

Signature

Every paper filed with the court must be signed by the attorney or unrepresented party submitting the paper. more...

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, more...

Additional Requirements

Los Angeles County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

Written

Papers that may be filed in support of a motion include declarations, exhibits, appendices, and other documents or pleadings. more...

Evidence received at a law and motion hearing must be by declaration, or request for judicial notice, without more...

Request To Present Testimony

A party wishing to present oral evidence at a hearing must file, no later than 3 court days more...

The statement must also include the reason why the evidence cannot be presented by declaration or affidavit. more...

Declarations

Los Angeles County SmartRules procedural guide:DECLARATIONS. more...

Deposition Testimony

The first page of any deposition testimony used as an exhibit must state the name of the deponent more...

Judicial Notice

Los Angeles County SmartRules procedural guide: REQUEST FOR JUDICIAL NOTICE. more...

Facts From The Record

The guidelines adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to more...

Verified Complaint

A verified complaint may be used to support a motion or OSC for preliminary injunction. . more...

Proposed Order Required

The requirements for proposed orders submitted with papers seeking injunctive relief are set forth in California Rule of more...

Filing

Time

In the Central District, all fee documents are to be filed at the filing window no later than more...

Electronic Filing May Be Required

Electronic filing is required in some jurisdictions for certain types of actions, and is available but optional for more...

Local Rules Regarding E-Filing

Electronic Filing--Not Available At All Locations

Consult the filing clerk for the applicable court location to learn if electronic filing is available at that more...

Filing Fee

The Los Angeles County fee schedule is online at . more...

Proof of Service

Proof of service of moving papers must be filed no later than 5 court days before the hearing more...

Service

On Each Party

A copy of the document must be served on the attorney for each party separately represented, and on more...

On Attorney of Represented Party

Service must be made on the party's attorney if the party is represented. . more...

Parties Responsible for Electronic Service

Parties are responsible for electronic service. A party may serve documents electronically directly, by an agent, or through more...

Traditional Service Required for Nonparty

A document may not be electronically served on a nonparty unless the nonparty consents to electronic service or more...

Method of Service May Not Cause Disadvantage

The guidelines adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to more...

Appearance at the Hearing

A party may give notice that he or she will not appear at a law and motion hearing more...

Matter Not To Be Heard

The moving party must immediately notify the court if a matter will not be heard on the scheduled more...

Tentative Rulings

Some departments post tentative rulings. These can be accessed online at: . more...

Telephonic Appearance

Telephonic appearance for civil hearings is generally allowed. . (amended and renumbered 1/1/08). Los Angeles County SmartRules procedural guide: more...

Ruling and Order

Los Angeles County SmartRules procedural guide: PROPOSED ORDERS, PREPARATION OF ORDERS AND NOTICE OF RULING. more...

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