2009 California Code of Civil Procedure - Section 525-534 :: :: Chapter 3. :: Injunction (2024)

CODE OF CIVIL PROCEDURE
SECTION 525-534

525. An injunction is a writ or order requiring a person to refrainfrom a particular act. It may be granted by the court in which theaction is brought, or by a judge thereof; and when granted by ajudge, 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 isentitled to the relief demanded, and the relief, or any part thereof,consists in restraining the commission or continuance of the actcomplained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that thecommission or continuance of some act during the litigation wouldproduce waste, or great or irreparable injury, to a party to theaction. (3) When it appears, during the litigation, that a party to theaction is doing, or threatens, or is about to do, or is procuring orsuffering to be done, some act in violation of the rights of anotherparty to the action respecting the subject of the action, and tendingto render the judgment ineffectual. (4) When pecuniary compensation would not afford adequate relief. (5) Where it would be extremely difficult to ascertain the amountof compensation which would afford adequate relief. (6) Where the restraint is necessary to prevent a multiplicity ofjudicial 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 ofthe action in which the injunction is demanded, unless the restraintis 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 acourt of that state. (4) To prevent the execution of a public statute by officers ofthe law for the public benefit. (5) To prevent the breach of a contract the performance of whichwould not be specifically enforced, other than a contract in writingfor the rendition of personal services from one to another where thepromised service is of a special, unique, unusual, extraordinary, orintellectual character, which gives it peculiar value, the loss ofwhich cannot be reasonably or adequately compensated in damages in anaction at law, and where the compensation for the personal servicesis as follows: (A) As to contracts entered into on or before December 31, 1993,the minimum compensation provided in the contract for the personalservices shall be at the rate of six thousand dollars ($6,000) perannum. (B) As to contracts entered into on or after January 1, 1994, thecriteria 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 atthe rate of nine thousand dollars ($9,000) per annum for the firstyear of the contract, twelve thousand dollars ($12,000) per annum forthe second year of the contract, and fifteen thousand dollars($15,000) per annum for the third to seventh years, inclusive, of thecontract. (II) In addition, after the third year of the contract, thereshall actually have been paid for the services through and includingthe contract year during which the injunctive relief is sought, overand above the minimum contractual compensation specified in subclause(I), the amount of fifteen thousand dollars ($15,000) per annumduring the fourth and fifth years of the contract, and thirtythousand dollars ($30,000) per annum during the sixth and seventhyears of the contract. As a condition to petitioning for aninjunction, amounts payable under this clause may be paid at any timeprior to seeking injunctive relief. (ii) The aggregate compensation actually received for the servicesprovided under a contract that does not meet the criteria ofsubparagraph (A), is at least 10 times the applicable aggregateminimum amount specified in subclauses (I) and (II) of clause (i)through and including the contract year during which the injunctiverelief is sought. As a condition to petitioning for an injunction,amounts payable under this subparagraph may be paid at any time priorto seeking injunctive relief. (C) Compensation paid in any contract year in excess of theminimums specified in clauses (i) and (ii) of subparagraph (B) shallapply to reduce the compensation otherwise required to be paid underthose provisions in any subsequent contract years. However, aninjunction may be granted to prevent the breach of a contract enteredinto between any nonprofit cooperative corporation or associationand a member or stockholder thereof, in respect to any provisionregarding the sale or delivery to the corporation or association ofthe products produced or acquired by the member or stockholder. (6) To prevent the exercise of a public or private office, in alawful 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 preventingany illegal expenditure of, waste of, or injury to, the estate,funds, or other property of a county, town, city or city and countyof the state, may be maintained against any officer thereof, or anyagent, or other person, acting in its behalf, either by a citizenresident therein, or by a corporation, who is assessed for and isliable to pay, or, within one year before the commencement of theaction, has paid, a tax therein. This section does not affect anyright of action in favor of a county, city, town, or city and county,or any public officer; provided, that no injunction shall be grantedrestraining the offering for sale, sale, or issuance of anymunicipal bonds for public improvements or public utilities. An action brought pursuant to this section to enjoin a publicimprovement project shall take special precedence over all civilmatters on the calendar of the court except those matters to whichequal precedence on the calendar is granted by law.526b. Every person or corporation bringing, instigating, excitingor abetting, any suit to obtain an injunction, restraining orenjoining the issuance, sale, offering for sale, or delivery, ofbonds, or other securities, or the expenditure of the proceeds of thesale of such bonds or other securities, of any city, city andcounty, town, county, or other district organized under the laws ofthis state, or any other political subdivision of this state,proposed to be issued, sold, offered for sale or delivered by suchcity, city and county, town, county, district or other politicalsubdivision, for the purpose of acquiring, constructing, completing,improving or extending water works, electric works, gas works orother public utility works or property, shall, if the injunctionsought is finally denied, and if such person or corporation owns,controls, or is operating or interested in, a public utility businessof the same nature as that for which such bonds or other securitiesare proposed to be issued, sold, offered for sale, or delivered, beliable to the defendant for all costs, damages and necessary expensesresulting to such defendant by reason of the filing of such suit.527. (a) A preliminary injunction may be granted at any time beforejudgment upon a verified complaint, or upon affidavits if thecomplaint in the one case, or the affidavits in the other, showsatisfactorily that sufficient grounds exist therefor. No preliminaryinjunction shall be granted without notice to the opposing party. (b) A temporary restraining order or a preliminary injunction, orboth, may be granted in a class action, in which one or more of theparties sues or defends for the benefit of numerous parties upon thesame grounds as in other actions, whether or not the class has beencertified. (c) No temporary restraining order shall be granted without noticeto the opposing party, unless both of the following requirements aresatisfied: (1) It appears from facts shown by affidavit or by the verifiedcomplaint that great or irreparable injury will result to theapplicant before the matter can be heard on notice. (2) The applicant or the applicant's attorney certifies one of thefollowing to the court under oath: (A) That within a reasonable time prior to the application theapplicant informed the opposing party or the opposing party'sattorney at what time and where the application would be made. (B) That the applicant in good faith attempted but was unable toinform 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 berequired to so inform the opposing party or the opposing party'sattorney. (d) In case a temporary restraining order is granted withoutnotice in the contingency specified in subdivision (c): (1) The matter shall be made returnable on an order requiringcause 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, 22days 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 isissued or two days prior to the hearing, whichever is earlier, serveon the opposing party a copy of the complaint if not previouslyserved, the order to show cause stating the date, time, and place ofthe hearing, any affidavits to be used in the application, and a copyof the points and authorities in support of the application. Thecourt may for good cause, on motion of the applicant or on its ownmotion, shorten the time required by this paragraph for service onthe opposing party. (3) When the matter first comes up for hearing, if the party whoobtained the temporary restraining order is not ready to proceed, orif 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 areasonable period of not less than 15 days or any shorter periodrequested by the opposing party, to enable the opposing party to meetthe application for a preliminary injunction. If the opposing partyobtains a continuance under this paragraph, the temporary restrainingorder shall remain in effect until the date of the continuedhearing. (5) Upon the filing of an affidavit by the applicant that theopposing party could not be served within the time required byparagraph (2), the court may reissue any temporary restraining orderpreviously issued. The reissued order shall be made returnable asprovided by paragraph (1), with the time for hearing measured fromthe date of reissuance. No fee shall be charged for reissuing theorder. (e) The opposing party may, in response to an order to show cause,present affidavits relating to the granting of the preliminaryinjunction, and if the affidavits are served on the applicant atleast two days prior to the hearing, the applicant shall not beentitled to any continuance on account thereof. On the day the orderis made returnable, the hearing shall take precedence over all othermatters on the calendar of the day, except older matters of the samecharacter, and matters to which special precedence may be given bylaw. When the cause is at issue it shall be set for trial at theearliest possible date and shall take precedence over all othercases, except older matters of the same character, and matters towhich special precedence may be given by law. (f) Notwithstanding failure to satisfy the time requirements ofthis section, the court may nonetheless hear the order to show causewhy a preliminary injunction should not be granted if the moving andsupporting papers are served within the time required by Section 1005and one of the following conditions is satisfied: (1) The order to show cause is issued without a temporaryrestraining order. (2) The order to show cause is issued with a temporary restrainingorder, but is either not set for hearing within the time required byparagraph (1) of subdivision (d), or the party who obtained thetemporary restraining order fails to effect service within the timerequired by paragraph (2) of subdivision (d). (g) This section does not apply to an order issued under theFamily 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 inconcerted activities for the purpose of collective bargaining,picketing or other mutual aid or protection, and to prevent the evilswhich frequently occur when courts interfere with the normalprocesses of dispute resolution between employers and recognizedemployee organizations, the equity jurisdiction of the courts incases involving or growing out of a labor dispute shall be no broaderthan as set forth in subdivision (b) of this section, and theprovisions of subdivision (b) of this section shall be strictlyconstrued in accordance with existing law governing labor disputeswith the purpose of avoiding any unnecessary judicial interference inlabor disputes. (b) The acts enumerated in this subdivision, whether performedsingly or in concert, shall be legal, and no court nor any judge norjudges thereof, shall have jurisdiction to issue any restrainingorder or preliminary or permanent injunction which, in specific orgeneral terms, prohibits any person or persons, whether singly or inconcert, from doing any of the following: (1) Giving publicity to, and obtaining or communicatinginformation regarding the existence of, or the facts involved in, anylabor dispute, whether by advertising, speaking, patrolling anypublic street or any place where any person or persons may lawfullybe, or by any other method not involving fraud, violence or breach ofthe 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 inparagraphs (1) and (2) or to promote lawful interests. (4) Except as provided in subparagraph (iv), for purposes of thissection, "labor dispute" is defined as follows: (i) A case shall be held to involve or to grow out of a labordispute when the case involves persons who are engaged in the sameindustry, trade, craft, or occupation; or have direct or indirectinterests therein; or who are employees of the same employer; or whoare members of the same or an affiliated organization of employers oremployees; whether such dispute is (a) between one or more employersor associations of employers and one or more employees orassociations of employees; (b) between one or more employers orassociations of employers and one or more employers or associationsof employers; or (c) between one or more employees or associations ofemployees and one or more employees or associations of employees; orwhen the case involves any conflicting or competing interests in a"labor dispute" or "persons participating or interested" therein (asdefined in subparagraph (ii)). (ii) A person or association shall be held to be a personparticipating or interested in labor dispute if relief is soughtagainst 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 adirect or indirect interest therein, or is a member, officer, oragent of any association composed in whole or in part of employers oremployees engaged in such industry, trade, craft, or occupation. (iii) The term "labor dispute" includes any controversy concerningterms or conditions of employment, or concerning the association orrepresentation of persons in negotiating, fixing, maintaining,changing, or seeking to arrange terms or conditions of employmentregardless of whether or not the disputants stand in the proximaterelation of employer and employee. (iv) The term "labor dispute" does not include a jurisdictionalstrike as defined in Section 1118 of the Labor Code. (c) Nothing contained in this section shall be construed to alteror supersede the provisions of Chapter 1 of the 1975-76 ThirdExtraordinary Session, and to the extent of any conflict between theprovisions of this act and that chapter, the provisions of the lattershall prevail. (d) Nothing contained in this section shall be construed to alterthe legal rights of public employees or their employers, nor shallthis section alter the rights of parties to collective-bargainingagreements under the provisions of Section 1126 of the Labor Code. (e) It is not the intent of this section to permit conduct that isunlawful including breach of the peace, disorderly conduct, theunlawful blocking of access or egress to premises where a labordispute exists, or other similar unlawful activity.527.6. (a) A person who has suffered harassment as defined insubdivision (b) may seek a temporary restraining order and aninjunction prohibiting harassment as provided in this section. (b) For the purposes of this section, "harassment" is unlawfulviolence, a credible threat of violence, or a knowing and willfulcourse of conduct directed at a specific person that seriouslyalarms, annoys, or harasses the person, and that serves no legitimatepurpose. The course of conduct must be such as would cause areasonable person to suffer substantial emotional distress, and mustactually cause substantial emotional distress to the plaintiff. As used in this subdivision: (1) "Unlawful violence" is any assault or battery, or stalking asprohibited in Section 646.9 of the Penal Code, but shall not includelawful acts of self-defense or defense of others. (2) "Credible threat of violence" is a knowing and willfulstatement or course of conduct that would place a reasonable personin fear for his or her safety, or the safety of his or her immediatefamily, and that serves no legitimate purpose. (3) "Course of conduct" is a pattern of conduct composed of aseries of acts over a period of time, however short, evidencing acontinuity of purpose, including following or stalking an individual,making harassing telephone calls to an individual, or sendingharassing correspondence to an individual by any means, including,but not limited to, the use of public or private mails, interofficemail, fax, or computer e-mail. Constitutionally protected activity isnot included within the meaning of "course of conduct." (c) Upon filing a petition for an injunction under this section,the plaintiff may obtain a temporary restraining order in accordancewith Section 527, except to the extent this section provides a rulethat is inconsistent. A temporary restraining order may be issuedwith or without notice upon an affidavit that, to the satisfaction ofthe court, shows reasonable proof of harassment of the plaintiff bythe defendant, and that great or irreparable harm would result to theplaintiff. In the discretion of the court, and on a showing of goodcause, a temporary restraining order or injunction, issued under thissection may include other named family or household members whor*side with the plaintiff. A temporary restraining order issued underthis section shall remain in effect, at the court's discretion, fora period not to exceed 15 days, or, if the court extends the time forhearing under subdivision (d), not to exceed 22 days, unlessotherwise modified or terminated by the court. (d) Within 15 days, or, if good cause appears to the court, 22days from the date the temporary restraining order is issued, ahearing shall be held on the petition for the injunction. Thedefendant may file a response that explains, excuses, justifies, ordenies the alleged harassment or may file a cross-complaint underthis section. At the hearing, the judge shall receive any testimonythat is relevant, and may make an independent inquiry. If the judgefinds by clear and convincing evidence that unlawful harassmentexists, an injunction shall issue prohibiting the harassment. Aninjunction issued pursuant to this section shall have a duration ofnot more than three years. At any time within the three months beforethe expiration of the injunction, the plaintiff may apply for arenewal of the injunction by filing a new petition for an injunctionunder this section. (e) This section does not preclude either party fromrepresentation by private counsel or from appearing on the party'sown behalf. (f) In a proceeding under this section if there are allegations orthreats of domestic violence, a support person may accompany a partyin court and, if the party is not represented by an attorney, maysit with the party at the table that is generally reserved for theparty and the party's attorney. The support person is present toprovide moral and emotional support for a person who alleges he orshe is a victim of domestic violence. The support person is notpresent as a legal adviser and may not provide legal advice. Thesupport person may assist the person who alleges he or she is avictim of domestic violence in feeling more confident that he or shewill not be injured or threatened by the other party during theproceedings if the person who alleges he or she is a victim ofdomestic violence and the other party are required to be present inclose proximity. This subdivision does not preclude the court fromexercising its discretion to remove the support person from thecourtroom if the court believes the support person is prompting,swaying, or influencing the party assisted by the support person. (g) Upon the filing of a petition for an injunction under thissection, the defendant shall be personally served with a copy of thepetition, temporary restraining order, if any, and notice of hearingof the petition. Service shall be made at least five days before thehearing. The court may for good cause, on motion of the plaintiff oron its own motion, shorten the time for service on the defendant. (h) The court shall order the plaintiff or the attorney for theplaintiff to deliver a copy of each temporary restraining order orinjunction, or modification or termination thereof, granted underthis section, by the close of the business day on which the order wasgranted, to the law enforcement agencies within the court'sdiscretion as are requested by the plaintiff. Each appropriate lawenforcement agency shall make available information as to theexistence and current status of these orders to law enforcementofficers responding to the scene of reported harassment. An order issued under this section shall, on request of theplaintiff, be served on the defendant, whether or not the defendanthas been taken into custody, by any law enforcement officer who ispresent at the scene of reported harassment involving the parties tothe proceeding. The plaintiff shall provide the officer with anendorsed copy of the order and a proof of service that the officershall complete and send to the issuing court. Upon receiving information at the scene of an incident ofharassment that a protective order has been issued under thissection, or that a person who has been taken into custody is thesubject of an order, if the protected person cannot produce acertified copy of the order, a law enforcement officer shallimmediately attempt to verify the existence of the order. If the law enforcement officer determines that a protective orderhas been issued, but not served, the officer shall immediately notifythe defendant of the terms of the order and shall at that time alsoenforce the order. Verbal notice of the terms of the order shallconstitute service of the order and is sufficient notice for thepurposes of this section and for the purposes of Section 273.6 andsubdivision (g) of Section 12021 of the Penal Code. (i) The prevailing party in any action brought under this sectionmay be awarded court costs and attorney's fees, if any. (j) Any willful disobedience of any temporary restraining order orinjunction granted under this section is punishable pursuant toSection 273.6 of the Penal Code. (k) (1) A person subject to a protective order issued under thissection shall not own, possess, purchase, receive, or attempt topurchase or receive a firearm while the protective order is ineffect. (2) The court shall order a person subject to a protective orderissued under this section to relinquish any firearms he or she ownsor possesses pursuant to Section 527.9. (3) Every person who owns, possesses, purchases or receives, orattempts to purchase or receive a firearm while the protective orderis in effect is punishable pursuant to subdivision (g) of Section12021 of the Penal Code. (l) This section does not apply to any action or proceedingcovered by Title 1.6C (commencing with Section 1788) of the CivilCode or by Division 10 (commencing with Section 6200) of the FamilyCode. This section does not preclude a plaintiff from using otherexisting civil remedies. (m) The Judicial Council shall promulgate forms and instructionstherefor, and rules for service of process, scheduling of hearings,and any other matters required by this section. The petition andresponse forms shall be simple and concise, and their use by partiesin actions brought pursuant to this section shall be mandatory. (n) A temporary restraining order or injunction relating toharassment or domestic violence issued by a court pursuant to thissection shall be issued on forms adopted by the Judicial Council ofCalifornia and that have been approved by the Department of Justicepursuant to subdivision (i) of Section 6380 of the Family Code.However, the fact that an order issued by a court pursuant to thissection was not issued on forms adopted by the Judicial Council andapproved by the Department of Justice shall not, in and of itself,make the order unenforceable. (o) Information on any temporary restraining order or injunctionrelating to harassment or domestic violence issued by a courtpursuant to this section shall be transmitted to the Department ofJustice in accordance with subdivision (b) of Section 6380 of theFamily Code. (p) There is no filing fee for a petition that alleges that aperson has inflicted or threatened violence against the petitioner,or stalked the petitioner, or acted or spoken in any other mannerthat has placed the petitioner in reasonable fear of violence, andthat seeks a protective or restraining order or injunctionrestraining stalking or future violence or threats of violence, inany action brought pursuant to this section. No fee shall be paid fora subpoena filed in connection with a petition alleging these acts.No fee shall be paid for filing a response to a petition allegingthese acts. (q) (1) Subject to paragraph (4) of subdivision (b) of Section6103.2 of the Government Code, there shall be no fee for the serviceof process of a protective order, restraining order, or injunction tobe issued, if any of the following conditions apply: (A) The protective order, restraining order, or injunction issuedpursuant to this section is based upon stalking, as prohibited bySection 646.9 of the Penal Code. (B) The protective order, restraining order, or injunction issuedpursuant to this section is based upon a credible threat of violence. (C) The protective order, restraining order, or injunction isissued pursuant to Section 6222 of the Family Code. (2) The Judicial Council shall prepare and develop applicationforms for applicants who wish to avail themselves of the servicesdescribed in this subdivision.527.7. (a) It shall be unlawful for any group, association,organization, society, or other assemblage of two or more persons tomeet and to advocate, and to take substantial action in furtheranceof, the commission of an unlawful act of violence or force directedto and likely to produce the imminent and unlawful infliction ofserious 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 takensubstantial action in furtherance of the commission of an act ofviolence made unlawful by subdivision (a) and will engage in thoseacts in the future, any aggrieved individual may bring a civil actionin the superior court to enjoin the advocacy of the commission ofany act of violence made unlawful by subdivision (a) at any futuremeeting or meetings. Upon a proper showing by clear and convincingevidence, a permanent or preliminary injunction, restraining order,or writ of mandate shall be granted. (c) Whenever it appears that an action brought under this sectionwas groundless and brought in bad faith for the purpose ofharassment, the trial court or any appellate court may award to thedefendant attorney's fees and court costs incurred for the purpose ofdefending the action.527.8. (a) Any employer, whose employee has suffered unlawfulviolence or a credible threat of violence from any individual, thatcan reasonably be construed to be carried out or to have been carriedout at the workplace, may seek a temporary restraining order and aninjunction on behalf of the employee and, at the discretion of thecourt, any number of other employees at the workplace, and, ifappropriate, other employees at other workplaces of the employer. (b) For the purposes of this section: (1) "Unlawful violence" is any assault or battery, or stalking asprohibited in Section 646.9 of the Penal Code, but shall not includelawful acts of self-defense or defense of others. (2) "Credible threat of violence" is a knowing and willfulstatement or course of conduct that would place a reasonable personin fear for his or her safety, or the safety of his or her immediatefamily, and that serves no legitimate purpose. (3) "Course of conduct" is a pattern of conduct composed of aseries of acts over a period of time, however short, evidencing acontinuity of purpose, including following or stalking an employee toor from the place of work; entering the workplace; following anemployee during hours of employment; making telephone calls to anemployee; or sending correspondence to an employee by any means,including, but not limited to, the use of the public or privatemails, interoffice mail, fax, or computer e-mail. (c) This section does not permit a court to issue a temporaryrestraining order or injunction prohibiting speech or otheractivities that are constitutionally protected, or otherwiseprotected by Section 527.3 or any other provision of law. (d) For purposes of this section, the terms "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-publiccorporation, or any public agency thereof or therein. "Employee" alsoincludes the members of boards of directors of private, public, andquasi-public corporations and elected and appointed public officers.For purposes of this section only, "employee" also includes avolunteer or independent contractor who performs services for theemployer at the employer's worksite. (e) Upon filing a petition for an injunction under this section,the plaintiff may obtain a temporary restraining order in accordancewith subdivision (a) of Section 527, if the plaintiff also files anaffidavit that, to the satisfaction of the court, shows reasonableproof that an employee has suffered unlawful violence or a crediblethreat of violence by the defendant, and that great or irreparableharm would result to an employee. In the discretion of the court, andon a showing of good cause, a temporary restraining order orinjunction issued under this section may include other named familyor household members who reside with the employee, or other personsemployed at his or her workplace or workplaces. A temporary restraining order granted under this section shallremain in effect, at the court's discretion, for a period not toexceed 15 days, unless otherwise modified or terminated by the court. (f) Within 15 days of the filing of the petition, a hearing shallbe held on the petition for the injunction. The defendant may file aresponse that explains, excuses, justifies, or denies the allegedunlawful violence or credible threats of violence or may file across-complaint under this section. At the hearing, the judge shallreceive any testimony that is relevant and may make an independentinquiry. Moreover, if the defendant is a current employee of theentity requesting the injunction, the judge shall receive evidenceconcerning the employer's decision to retain, terminate, or otherwisediscipline the defendant. If the judge finds by clear and convincingevidence that the defendant engaged in unlawful violence or made acredible threat of violence, an injunction shall issue prohibitingfurther unlawful violence or threats of violence. An injunctionissued pursuant to this section shall have a duration of not morethan three years. At any time within the three months before theexpiration of the injunction, the plaintiff may apply for a renewalof the injunction by filing a new petition for an injunction underthis section. (g) This section does not preclude either party fromrepresentation by private counsel or from appearing on his or her ownbehalf. (h) Upon filing of a petition for an injunction under thissection, the defendant shall be personally served with a copy of thepetition, temporary restraining order, if any, and notice of hearingof the petition. Service shall be made at least five days before thehearing. The court may, for good cause, on motion of the plaintiff oron its own motion, shorten the time for service on the defendant. (i) (1) The court shall order the plaintiff or the attorney forthe plaintiff to deliver a copy of each temporary restraining orderor injunction, or modification or termination thereof, granted underthis section, by the close of the business day on which the order wasgranted, to the law enforcement agencies within the court'sdiscretion as are requested by the plaintiff. Each appropriate lawenforcement agency shall make available information as to theexistence and current status of these orders to law enforcementofficers responding to the scene of reported unlawful violence or acredible threat of violence. (2) At the request of the plaintiff, an order issued under thissection shall be served on the defendant, regardless of whether thedefendant has been taken into custody, by any law enforcement officerwho is present at the scene of reported unlawful violence or acredible threat of violence involving the parties to the proceedings.The plaintiff shall provide the officer with an endorsed copy of theorder and proof of service that the officer shall complete and sendto the issuing court. (3) Upon receiving information at the scene of an incident ofunlawful violence or a credible threat of violence that a protectiveorder has been issued under this section, or that a person who hasbeen taken into custody is the subject of an order, if the plaintiffor the protected person cannot produce an endorsed copy of the order,a law enforcement officer shall immediately attempt to verify theexistence of the order. (4) If the law enforcement officer determines that a protectiveorder has been issued, but not served, the officer shall immediatelynotify the defendant of the terms of the order and obtain thedefendant's address. The law enforcement officer shall at that timealso enforce the order, but may not arrest or take the defendant intocustody for acts in violation of the order that were committed priorto the verbal notice of the terms and conditions of the order. Thelaw enforcement officer's verbal notice of the terms of the ordershall constitute service of the order and constitutes sufficientnotice for the purposes of this section and for the purposes ofSection 273.6 and subdivision (g) of Section 12021 of the Penal Code.The plaintiff shall mail an endorsed copy of the order to thedefendant's mailing address provided to the law enforcement officerwithin one business day of the reported incident of unlawful violenceor a credible threat of violence at which a verbal notice of theterms of the order was provided by a law enforcement officer. (j) (1) A person subject to a protective order issued under thissection shall not own, possess, purchase, receive, or attempt topurchase or receive a firearm while the protective order is ineffect. (2) The court shall order a person subject to a protective orderissued under this section to relinquish any firearms he or she ownsor possesses pursuant to Section 527.9. (3) Every person who owns, possesses, purchases or receives, orattempts to purchase or receive a firearm while the protective orderis in effect is punishable pursuant to subdivision (g) of Section12021 of the Penal Code. (k) Any intentional disobedience of any temporary restrainingorder or injunction granted under this section is punishable pursuantto Section 273.6 of the Penal Code. (l) Nothing in this section may be construed as expanding,diminishing, altering, or modifying the duty, if any, of an employerto provide a safe workplace for employees and other persons. (m) The Judicial Council shall develop forms, instructions, andrules for scheduling of hearings and other procedures establishedpursuant to this section. The forms for the petition and responseshall be simple and concise, and their use by parties in actionsbrought pursuant to this section shall be mandatory. (n) A temporary restraining order or injunction relating toharassment or domestic violence issued by a court pursuant to thissection shall be issued on forms adopted by the Judicial Council ofCalifornia and that have been approved by the Department of Justicepursuant to subdivision (i) of Section 6380 of the Family Code.However, the fact that an order issued by a court pursuant to thissection was not issued on forms adopted by the Judicial Council andapproved by the Department of Justice shall not, in and of itself,make the order unenforceable. (o) Information on any temporary restraining order or injunctionrelating to harassment or domestic violence issued by a courtpursuant to this section shall be transmitted to the Department ofJustice in accordance with subdivision (b) of Section 6380 of theFamily Code. (p) There is no filing fee for a petition that alleges that aperson has inflicted or threatened violence against an employee ofthe petitioner, or stalked the employee, or acted or spoken in anyother manner that has placed the employee in reasonable fear ofviolence, and that seeks a protective or restraining order orinjunction restraining stalking or future violence or threats ofviolence, in any action brought pursuant to this section. No feeshall be paid for a subpoena filed in connection with a petitionalleging these acts. No fee shall be paid for filing a response to apetition alleging these acts. (q) (1) Subject to paragraph (4) of subdivision (b) of Section6103.2 of the Government Code, there shall be no fee for the serviceof process of a temporary restraining order or injunction to beissued pursuant to this section if either of the following conditionsapply: (A) The temporary restraining order or injunction issued pursuantto this section is based upon stalking, as prohibited by Section646.9 of the Penal Code. (B) The temporary restraining order or injunction issued pursuantto this section is based upon a credible threat of violence. (2) The Judicial Council shall prepare and develop applicationforms for applicants who wish to avail themselves of the servicesdescribed in this subdivision.527.9. (a) A person subject to a temporary restraining order orinjunction issued pursuant to Section 527.6 or 527.8 of the Code ofCivil Procedure, or subject to a restraining order issued pursuant toSection 136.2 of the Penal Code, or Section 15657.03 of the Welfareand Institutions Code, shall relinquish the firearm pursuant to thissection. (b) Upon the issuance of a protective order pursuant tosubdivision (a), the court shall order the person to relinquish anyfirearm in that person's immediate possession or control, or subjectto that person's immediate possession or control, within 24 hours ofbeing served with the order, either by surrendering the firearm tothe control of local law enforcement officials, or by selling thefirearm to a licensed gun dealer, as specified in Section 12071 ofthe Penal Code. A person ordered to relinquish any firearm pursuantto this subdivision shall file with the court a receipt showing thefirearm was surrendered to the local law enforcement agency or soldto a licensed gun dealer within 48 hours after receiving the order.In the event that it is necessary to continue the date of any hearingdue to a request for a relinquishment order pursuant to thissection, the court shall ensure that all applicable protective ordersdescribed in Section 6218 of the Family Code remain in effect orbifurcate the issues and grant the permanent restraining orderpending the date of the hearing. (c) A local law enforcement agency may charge the person subjectto the order or injunction a fee for the storage of any firearmrelinquished pursuant to this section. The fee shall not exceed theactual cost incurred by the local law enforcement agency for thestorage of the firearm. For purposes of this subdivision, "actualcost" means expenses directly related to taking possession of afirearm, storing the firearm, and surrendering possession of thefirearm to a licensed dealer as defined in Section 12071 of the PenalCode or to the person relinquishing the firearm. (d) The restraining order requiring a person to relinquish afirearm pursuant to subdivision (b) shall state on its face that therespondent is prohibited from owning, possessing, purchasing, orreceiving a firearm while the protective order is in effect and thatthe firearm shall be relinquished to the local law enforcement agencyfor that jurisdiction or sold to a licensed gun dealer, and thatproof of surrender or sale shall be filed with the court within aspecified period of receipt of the order. The order shall also stateon its face the expiration date for relinquishment. Nothing in thissection shall limit a respondent's right under existing law topetition the court at a later date for modification of the order. (e) The restraining order requiring a person to relinquish afirearm pursuant to subdivision (b) shall prohibit the person frompossessing or controlling any firearm for the duration of the order.At the expiration of the order, the local law enforcement agencyshall 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) thefirearm has been stolen, (2) the respondent is prohibited frompossessing a firearm because the respondent is in any prohibitedclass for the possession of firearms, as defined in Sections 12021and 12021.1 of the Penal Code and Sections 8100 and 8103 of theWelfare and Institutions Code, or (3) another successive restrainingorder is used against the respondent under this section. If the locallaw enforcement agency determines that the respondent is the legalowner of any firearm deposited with the local law enforcement agencyand is prohibited from possessing any firearm, the respondent shallbe entitled to sell or transfer the firearm to a licensed dealer asdefined in Section 12071 of the Penal Code. If the firearm has beenstolen, the firearm shall be restored to the lawful owner upon his orher identification of the firearm and proof of ownership. (f) The court may, as part of the relinquishment order, grant anexemption from the relinquishment requirements of this section for aparticular firearm if the respondent can show that a particularfirearm is necessary as a condition of continued employment and thatthe current employer is unable to reassign the respondent to anotherposition where a firearm is unnecessary. If an exemption is grantedpursuant to this subdivision, the order shall provide that thefirearm shall be in the physical possession of the respondent onlyduring scheduled work hours and during travel to and from his or herplace of employment. In any case involving a peace officer who as acondition of employment and whose personal safety depends on theability to carry a firearm, a court may allow the peace officer tocontinue to carry a firearm, either on duty or off duty, if the courtfinds by a preponderance of the evidence that the officer does notpose a threat of harm. Prior to making this finding, the court shallrequire a mandatory psychological evaluation of the peace officer andmay require the peace officer to enter into counseling or otherremedial treatment program to deal with any propensity for domesticviolence. (g) During the period of the relinquishment order, a respondent isentitled to make one sale of all firearms that are in the possessionof a local law enforcement agency pursuant to this section. Alicensed gun dealer, who presents a local law enforcement agency witha bill of sale indicating that all firearms owned by the respondentthat are in the possession of the local law enforcement agency havebeen sold by the respondent to the licensed gun dealer, shall begiven possession of those firearms, at the location where arespondent's firearms are stored, within five days of presenting thelocal law enforcement agency with a bill of sale.527.10. (a) The court shall order that any party enjoined pursuantto Sections 527.6 and 527.8 be prohibited from taking any action toobtain the address or location of a protected party or a protectedparty's family members, caretakers, or guardian, unless there is goodcause not to make that order. (b) The Judicial Council shall promulgate forms necessary toeffectuate this section.527.85. (a) Any chief administrative officer of a postsecondaryeducational institution, or an officer or employee designated by thechief administrative officer to maintain order on the school campusor facility, a student of which has suffered a credible threat ofviolence made off the school campus or facility from any individual,which can reasonably be construed to be carried out or to have beencarried out at the school campus or facility, may, with the writtenconsent of the student, seek a temporary restraining order and aninjunction, on behalf of the student and, at the discretion of thecourt, any number of other students at the campus or facility who aresimilarly situated. (b) For the purposes of this section, the following definitionsshall apply: (1) "Chief administrative officer" means the principal, president,or highest ranking official of the postsecondary educationalinstitution. (2) "Course of conduct" means a pattern of conduct composed of aseries of acts over a period of time, however short, evidencing acontinuity 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 willfulstatement or course of conduct that would place a reasonable personin fear for his or her safety, or the safety of his or her immediatefamily, and that serves no legitimate purpose. (4) "Postsecondary educational institution" means a privateinstitution of vocational, professional, or postsecondary education. (5) "Student" means an adult currently enrolled in or applying foradmission to a postsecondary educational institution. (6) "Unlawful violence" means any assault or battery, or stalkingas prohibited in Section 646.9 of the Penal Code, but shall notinclude lawful acts of self-defense or defense of others. (c) This section does not permit a court to issue a temporaryrestraining order or injunction prohibiting speech or otheractivities that are constitutionally protected, or otherwiseprotected by Section 527.3 or any other provision of law. (d) Upon filing a petition for an injunction under this section,the plaintiff may obtain a temporary restraining order in accordancewith subdivision (a) of Section 527, if the plaintiff also files anaffidavit that, to the satisfaction of the court, shows reasonableproof that a student has suffered a credible threat of violence madeoff the school campus or facility by the defendant, and that great orirreparable harm would result to the student. In the discretion ofthe court, and on a showing of good cause, a temporary restrainingorder or injunction issued under this section may include other namedfamily or household members who reside with the student, or otherstudents at the campus or facility. A temporary restraining ordergranted under this section shall remain in effect, at the court'sdiscretion, for a period not to exceed 15 days, unless otherwisemodified or terminated by the court. (e) Within 15 days of the filing of the petition, a hearing shallbe held on the petition for the injunction. The defendant may file aresponse that explains, excuses, justifies, or denies the allegedcredible threats of violence or may file a cross-complaint under thissection. At the hearing, the judge shall receive any testimony thatis relevant and may make an independent inquiry. Moreover, if thedefendant is a current student of the entity requesting theinjunction, the judge shall receive evidence concerning the decisionof the postsecondary educational institution decision to retain,terminate, or otherwise discipline the defendant. If the judge findsby clear and convincing evidence that the defendant made a crediblethreat of violence off the school campus or facility, an injunctionshall be issued prohibiting further threats of violence. Aninjunction issued pursuant to this section shall have a duration ofnot more than three years. At any time within three months before theexpiration of the injunction, the plaintiff may apply for a renewalof the injunction by filing a new petition for an injunction underthis section. (f) This section does not preclude either party fromrepresentation by private counsel or from appearing on his or her ownbehalf. (g) Upon filing of a petition for an injunction under thissection, the defendant shall be personally served with a copy of thepetition, temporary restraining order, if any, and notice of hearingof the petition. Service shall be made at least five days before thehearing. The court may, for good cause, on motion of the plaintiff oron its own motion, shorten the time for service on the defendant. (h) (1) The court shall order the plaintiff or the attorney forthe plaintiff to deliver a copy of each temporary restraining orderor injunction, or modification or termination thereof, granted underthis section, by the close of the business day on which the order wasgranted, to the law enforcement agencies within the court'sdiscretion as are requested by the plaintiff. Each appropriate lawenforcement agency shall make available information as to theexistence and current status of these orders to law enforcementofficers responding to the scene of reported unlawful violence or acredible threat of violence. (2) At the request of the plaintiff, an order issued under thissection shall be served on the defendant, regardless of whether thedefendant has been taken into custody, by any law enforcement officerwho is present at the scene of reported unlawful violence or acredible threat of violence involving the parties to the proceedings.The plaintiff shall provide the officer with an endorsed copy of theorder and proof of service that the officer shall complete and sendto the issuing court. (3) Upon receiving information at the scene of an incident ofunlawful violence or a credible threat of violence that a protectiveorder has been issued under this section, or that a person who hasbeen taken into custody is the subject of an order, if the plaintiffor the protected person cannot produce an endorsed copy of the order,a law enforcement officer shall immediately attempt to verify theexistence of the order. (4) If the law enforcement officer determines that a protectiveorder has been issued, but not served, the officer shall immediatelynotify the defendant of the terms of the order and obtain thedefendant's address. The law enforcement officer shall at that timealso enforce the order, but may not arrest or take the defendant intocustody for acts in violation of the order that were committed priorto the verbal notice of the terms and conditions of the order. Thelaw enforcement officer's verbal notice of the terms of the ordershall constitute service of the order and constitutes sufficientnotice for the purposes of this section, and Section 273.6 andsubdivision (g) of Section 12021 of the Penal Code. The plaintiffshall mail an endorsed copy of the order to the defendant's mailingaddress provided to the law enforcement officer within one businessday of the reported incident of unlawful violence or a crediblethreat of violence at which a verbal notice of the terms of the orderwas provided by a law enforcement officer. (i) (1) A person subject to a protective order issued under thissection shall not own, possess, purchase, receive, or attempt topurchase or receive a firearm while the protective order is ineffect. (2) The court shall order a person subject to a protective orderissued under this section to relinquish any firearms he or she ownsor possesses pursuant to Section 527.9. (3) Every person who owns, possesses, purchases, or receives, orattempts to purchase or receive a firearm while the protective orderis in effect is punishable pursuant to subdivision (g) of Section12021 of the Penal Code. (j) Any intentional disobedience of any temporary restrainingorder or injunction granted under this section is punishable pursuantto Section 273.6 of the Penal Code. (k) Nothing in this section may be construed as expanding,diminishing, altering, or modifying the duty, if any, of apostsecondary educational institution to provide a safe environmentfor students and other persons. (l) The Judicial Council shall develop forms, instructions, andrules for scheduling of hearings and other procedures establishedpursuant to this section. The forms for the petition and responseshall be simple and concise, and their use by parties in actionsbrought pursuant to this section shall be mandatory. (m) A temporary restraining order or injunction relating toharassment or domestic violence issued by a court pursuant to thissection shall be issued on forms adopted by the Judicial Council andthat have been approved by the Department of Justice pursuant tosubdivision (i) of Section 6380 of the Family Code. However, the factthat an order issued by a court pursuant to this section was notissued on forms adopted by the Judicial Council and approved by theDepartment of Justice shall not, in and of itself, make the orderunenforceable. (n) Information on any temporary restraining order or injunctionrelating to harassment or domestic violence issued by a courtpursuant to this section shall be transmitted to the Department ofJustice in accordance with subdivision (b) of Section 6380 of theFamily Code. (o) There is no filing fee for a petition that alleges that aperson has threatened violence against a student of the petitioner,or stalked the student, or acted or spoken in any other manner thathas placed the student in reasonable fear of violence, and that seeksa protective or restraining order or injunction restraining stalkingor future threats of violence, in any action brought pursuant tothis section. No fee shall be paid for a subpoena filed in connectionwith a petition alleging these acts. No fee shall be paid for filinga response to a petition alleging these acts. (p) (1) Subject to paragraph (4) of subdivision (b) of Section6103.2 of the Government Code, there shall be no fee for the serviceof process of a temporary restraining order or injunction to beissued pursuant to this section if either of the following conditionsapply: (A) The temporary restraining order or injunction issued pursuantto this section is based upon stalking, as prohibited by Section646.9 of the Penal Code. (B) The temporary restraining order or injunction issued pursuantto this section is based upon a credible threat of violence. (2) The Judicial Council shall prepare and develop applicationforms for applicants who wish to avail themselves of the servicesdescribed in this subdivision.528. An injunction cannot be allowed after the defendant hasanswered, unless upon notice, or upon an order to show cause; but insuch case the defendant may be restrained until the decision of theCourt or Judge granting or refusing the injunction.529. (a) On granting an injunction, the court or judge must requirean undertaking on the part of the applicant to the effect that theapplicant will pay to the party enjoined any damages, not exceedingan amount to be specified, the party may sustain by reason of theinjunction, if the court finally decides that the applicant was notentitled to the injunction. Within five days after the service of theinjunction, the person enjoined may object to the undertaking. Ifthe court determines that the applicant's undertaking is insufficientand a sufficient undertaking is not filed within the time requiredby 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 legalseparation 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 aninjunction sought by any plaintiff to enjoin a construction projectwhich has received all legally required licenses and permits, thedefendant may apply to the court by noticed motion for an orderrequiring the plaintiff to furnish an undertaking as security forcosts and any damages that may be incurred by the defendant by theconclusion of the action or proceeding as the result of a delay inthe construction of the project. The motion shall be made on thegrounds that there is no reasonable possibility that the plaintiffwill obtain a judgment against the moving defendant and that theplaintiff will not suffer undue economic hardship by filing theundertaking. (b) If the court, after hearing, determines that the grounds forthe motion have been established, the court shall order that theplaintiff file the undertaking in an amount specified in the court'sorder as security for costs and damages of the defendant. Theliability of the plaintiff pursuant to this section for the costs anddamages of the defendant shall not exceed five hundred thousanddollars ($500,000). (c) As used in this section, a construction project includes, butis not restricted to, the construction, surveying, design,specifications, alteration, repair, improvement, maintenance,removal, or demolition of any building, highway, road, parkingfacility, bridge, railroad, airport, pier or dock, excavation orother structure, development or other improvement to real or personalproperty.529.2. (a) In all civil actions, including, but not limited to,actions brought pursuant to Section 21167 of the Public ResourcesCode, brought by any plaintiff to challenge a housing project whichis a development project, as defined by Section 65928 of theGovernment Code, and which meets or exceeds the requirements for low-or moderate-income housing as set forth in Section 65915 of theGovernment Code, a defendant may, if the bringing of the action orthe seeking by the plaintiff of particular relief including, but notlimited to, injunctions, has the effect of preventing or delaying theproject from being carried out, apply to the court by noticed motionfor an order requiring the plaintiff to furnish an undertaking assecurity for costs and any damages that may be incurred by thedefendant by the conclusion of the action or proceeding as the resultof a delay in carrying out the development project. The motion shallbe made on the grounds that: (1) the action was brought in badfaith, 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 theundertaking. (b) If the court, after hearing, determines that the grounds forthe motion have been established, the court shall order that theplaintiff file the undertaking in an amount specified in the court'sorder as security for costs and damages of the defendant. Theliability of the plaintiff pursuant to this section for the costs anddamages of the defendant shall not exceed five hundred thousanddollars ($500,000). (c) If at any time after the plaintiff has filed an undertakingthe housing development plan is changed by the developer in bad faithso that it fails to meet or exceed the requirements for low- ormoderate-income housing as set forth in Section 65915 of theGovernment Code, the developer shall be liable to the plaintiff forthe cost of obtaining the undertaking.530. In all actions which may be hereafter brought when aninjunction or restraining order may be applied for to prevent thediversion, diminution or increase of the flow of water in its naturalchannels, to the ordinary flow of which the plaintiff claims to beentitled, the court shall first require due notice of the applicationto be served upon the defendant, unless it shall appear from theverified complaint or affidavits upon which the application thereforis made, that, within ten days prior to the time of such application,the plaintiff has been in the peaceable possession of the flow ofsuch water, and that, within such time, said plaintiff has beendeprived of the flow thereof by the wrongful diversion of such flowby the defendant, or that the plaintiff, at the time of suchapplication, is, and for ten days prior thereto, has been, inpossession of the flow of said water, and that the defendantthreatens to divert the flow of such water; and if such notice ofsuch application be given and upon the hearing thereof, it be made toappear to the court that plaintiff is entitled to the injunction,but that the issuance thereof pending the litigation will entailgreat damage upon defendant, and that plaintiff will not be greatlydamaged by the acts complained of pending the litigation, and can befully compensated for such damage as he may suffer, the court mayrefuse the injunction upon the defendant giving a bond such as isprovided for in section five hundred and thirty-two; and upon thetrial the same proceedings shall be had, and with the same effect asin said section provided.531. An injunction to suspend the general and ordinary business ofa corporation can not be granted without due notice of theapplication therefor to the proper officers or managing agent of thecorporation, except when the people of this state are a party to theproceeding.532. (a) If an injunction is granted without notice to the personenjoined, the person may apply, upon reasonable notice to the judgewho granted the injunction, or to the court in which the action wasbrought, to dissolve or modify the injunction. The application may bemade upon the complaint or the affidavit on which the injunction wasgranted, or upon affidavit on the part of the person enjoined, withor without the answer. If the application is made upon affidavits onthe part of the person enjoined, but not otherwise, the personagainst whom the application is made may oppose the application byaffidavits or other evidence in addition to that on which theinjunction was granted. (b) In all actions in which an injunction or restraining order hasbeen or may be granted or applied for, to prevent the diversion,pending the litigation, of water used, or to be used, for irrigationor domestic purposes only, if it is made to appear to the court thatgreat damage will be suffered by the person enjoined, in case theinjunction is continued, and that the person in whose behalf itissued can be fully compensated for any damages suffered by reason ofthe continuance of the acts enjoined during the pendency of thelitigation, the court in its discretion, may dissolve or modify theinjunction. The dissolution or modification shall be subject to theperson enjoined giving a bond in such amount as may be fixed by thecourt or judge, conditioned that the enjoined person will pay alldamages which the person in whose behalf the injunction issued maysuffer by reason of the continuance, during the litigation, of theacts complained of. Upon the trial the amount of the damages must beascertained, and in case judgment is rendered for the person in whosebehalf the injunction was granted, the amount fixed as damages mustbe included in the judgment, together with reasonable attorney'sfees. In any proceedings to enforce the liability on the bond, theamount of the damages as fixed in the judgment is conclusive.533. In any action, the court may on notice modify or dissolve aninjunction or temporary restraining order upon a showing that therehas been a material change in the facts upon which the injunction ortemporary restraining order was granted, that the law upon which theinjunction or temporary restraining order was granted has changed, orthat the ends of justice would be served by the modification ordissolution of the injunction or temporary restraining order.534. In any action brought by a riparian owner to enjoin thediversion of water appropriated or proposed to be appropriated, orthe use thereof, against any person or persons appropriating orproposing to appropriate such waters, the defendant may set up in hisanswer that the water diverted or proposed to be diverted is for theirrigation of land or other public use, and, in such case, he shallalso in such answer set forth the quantity of water desired to betaken and necessary to such irrigation of land or the public use, thenature of such use, the place where the same is used or proposed tobe used, the duration and extent of the diversion or the proposeddiversion, including the stages of the flow of the stream at andduring the time in which the water is to be diverted, and that thesame may be diverted without interfering with the actual andnecessary beneficial uses of the plaintiff, and that such defendantso answering desires that the court shall ascertain and fix thedamages, if any, that will result to the plaintiff or to his riparianlands from the appropriation of the water so appropriated orintended to be appropriated by defendant. The plaintiff may serve and file a reply to the defendant's answerstating plaintiff's rights to the water and the damage plaintiffwill suffer by the defendant's taking of the water, and plaintiff mayimplead as parties to the action all persons necessary to a fulldetermination of the rights of plaintiff to the water and the damagesplaintiff will suffer by the proposed taking by defendant, and thecourt shall have jurisdiction to hear and determine all the rights towater of the plaintiff and other parties to the action, and saidparties shall have a right to state and prove their rights, and shallbe bound by the judgment rendered the same as though made partiesplaintiff at the commencement of the action. Upon the trial of the case the court shall receive and hearevidence on behalf of the respective parties, and if the court findsthat the allegations of such answer are true as to the aforesaidmatters, and that the appropriation and diversion of such waters isfor irrigation of land or other public use and that, after allowingsufficient water for the actual and necessary beneficial uses of theplaintiff and other parties, there is water available to bebeneficially appropriated by such defendant so answering, the courtshall fix the time and manner and extent of such appropriation andthe actual damages, if any, resulting to the plaintiff or otherparties on account of the same, and in fixing such damages the courtshall be guided by Article 5 (commencing with Section 1263.410) ofChapter 9 of Title 7 of Part 3, and if, upon the ascertainment andfixing of such damages the defendant, within the time allowed inSection 1268.010 for the payment of damages in proceedings in eminentdomain, shall pay into court the amount of damages fixed and thecosts adjudged to be paid by such defendant, or give a good andsufficient bond to pay the same upon the final settlement of thecase, the injunction prayed for by the plaintiff shall be denied tothe 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 theparties may appeal from such judgment as in other cases; andprovided, further, that if such judgment is in favor of the defendantand if he upon and pending such appeal shall keep on deposit withthe clerk of said court the amount of such damages and costs, or thebond, if it be given, so awarded to be paid to the plaintiff or otherparties in the event such judgment shall be affirmed, no injunctionagainst the appropriation of the amount the defendant is permitted toappropriate as aforesaid shall be granted or enforced pending suchappeal, and, upon the acceptance by the plaintiff or other parties ofsuch amount so awarded or upon the affirmation of such decision onappeal so that such judgment shall become final, the defendant shallhave the right to divert and appropriate from such stream, againstsuch plaintiff or other parties and his successors in interest, thequantity of water therein adjudged and allowed. Upon the filing ofsuch answer as is herein provided for, the parties plaintiff or otherparties and defendant shall be entitled to a jury trial upon theissues as to damages so raised, as provided in Title 7 (commencingwith Section 1230.010) of Part 3, applying to proceedings in eminentdomain.