2005 California Code of Civil Procedure Sections 525-534 CHAPTER 3. INJUNCTION

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" or "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  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) 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.
   (b) For the purposes of this section, "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 plaintiff.
   As used in this subdivision:
   (1) "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.
   (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) "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."
   (c) Upon filing a petition for an injunction under this section,
the plaintiff may obtain a temporary restraining order in accordance
with Section 527, except to the extent this section provides a rule
that is inconsistent.  A temporary restraining order may be issued
with or without notice upon an affidavit that, to the satisfaction of
the court, shows reasonable proof of harassment of the plaintiff by
the defendant, and that great or irreparable harm would result to the
plaintiff.  In the discretion of the court, and on a showing of good
cause, a temporary restraining order or injunction issued under this
section may include other named family or household members who
reside with the plaintiff.  A temporary restraining order issued
under this section shall remain in effect, at the court's discretion,
for a period not to exceed 15 days, or, if the court extends the
time for hearing under subdivision (d), not to exceed 22 days, unless
otherwise modified or terminated by the court.
   (d) Within 15 days, or, if good cause appears to the court, 22
days from the date the temporary restraining order is issued, a
hearing shall be held on the petition for the injunction.  The
defendant may file a response that explains, excuses, justifies, or
denies the alleged harassment or may file a cross-complaint under
this section.  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.  An
injunction issued pursuant to this section shall have a duration of
not more than three years.  At any time within the three months
before the expiration of the injunction, the plaintiff may apply for
a renewal of the injunction by filing a new petition for an
injunction under this section.
   (e) This section does not preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
   (f) In a proceeding under this section if there are allegations or
threats of domestic 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 domestic 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 domestic 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
domestic 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.
   (g) Upon filing of a petition for an injunction under this
section, the defendant 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 plaintiff
or on its own motion, shorten the time for service on the defendant.
   (h) The court shall order the plaintiff or the attorney for the
plaintiff to deliver a copy of each temporary restraining order or
injunction, or modification or termination thereof, granted under
this section, by the close of the business day on which the order was
granted, to the law enforcement agencies within the court's
discretion as are requested by the plaintiff.  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.
   An order issued under this section shall, on request of the
plaintiff, be served on the defendant, whether or not the defendant
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 plaintiff 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.
   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.
   If the law enforcement officer determines that a protective order
has been issued, but not served, the officer shall immediately notify
the defendant 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.
   (i) The prevailing party in any action brought under this section
may be awarded court costs and attorney's fees, if any.
   (j) 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.
   (k) (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 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 while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
   (l) This section does not apply to any action or proceeding
governed 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 plaintiff's right to use
other existing civil remedies.
   (m) The Judicial Council shall promulgate forms and instructions
therefor, and rules for service of process, scheduling of hearings,
and any other matters required 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.
   (n) A temporary restraining order or injunction relating to
harassment or domestic 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.  An
order issued by a court pursuant to this section that was not issued
on forms adopted by the Judicial Council and approved by the
Department of Justice is not unenforceable for that reason.
   (o) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.
   (p) There shall be 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 spoke 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.
   (q) (1) Notwithstanding any other provision of law, upon the
application of the petitioner there shall be no fee for the service
of process of a protective order, restraining order, or injunction to
be issued, if any 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 a credible threat of violence
resulting from a threat of sexual assault.  As used in this
subparagraph, "sexual assault" means the offenses enumerated in
Section 1036.2 of the Evidence Code.
   (C) The protective order, restraining order, or injunction is
issued pursuant to Section 6222 of the Family Code, unless the
applicant is eligible for a waiver of the payment of the fee for
serving the order pursuant to subdivision (b) of that section.
   (2) The Judicial Council shall prepare and develop application
forms for applicants who wish to avail themselves of the services
described in this subdivision.
   (r) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1,  2007, deletes or extends
that date.
527.6.  (a) 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.
   (b) For the purposes of this section, "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 plaintiff.
   As used in this subdivision:
   (1) "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.
   (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) "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."
   (c) Upon filing a petition for an injunction under this section,
the plaintiff may obtain a temporary restraining order in accordance
with Section 527, except to the extent this section provides a rule
that is inconsistent.  A temporary restraining order may be issued
with or without notice upon an affidavit that, to the satisfaction of
the court, shows reasonable proof of harassment of the plaintiff by
the defendant, and that great or irreparable harm would result to the
plaintiff.  In the discretion of the court, and on a showing of good
cause, a temporary restraining order issued under this section may
include other named family or household members who reside with the
plaintiff.  A temporary restraining order issued under this section
shall remain in effect, at the court's discretion, for a period not
to exceed 15 days, or, if the court extends the time for hearing
under subdivision (d), not to exceed 22 days, unless otherwise
modified or terminated by the court.
   (d) Within 15 days, or, if good cause appears to the court, 22
days from the date the temporary restraining order is issued, a
hearing shall be held on the petition for the injunction.  The
defendant may file a response that explains, excuses, justifies, or
denies the alleged harassment or may file a cross-complaint under
this section.  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.  An
injunction issued pursuant to this section shall have a duration of
not more than three years.  At any time within the three months
before the expiration of the injunction, the plaintiff may apply for
a renewal of the injunction by filing a new petition for an
injunction under this section.
   (e) This section does not preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
   (f) In a proceeding under this section where there are allegations
or threats of domestic violence, a support person may accompany a
party in court and, where 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 domestic violence.  The support
person is not present as a legal adviser and shall not give legal
advice.  The support person shall assist the person who alleges he or
she is a victim of domestic violence in feeling more confident that
he or she will not be injured or threatened by the other party during
the proceedings where the person who alleges he or she is a victim
of domestic violence and the other party must 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.
   (g) Upon filing of a petition for an injunction under this
section, the defendant 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 plaintiff
or on its own motion, shorten the time for service on the defendant.
   (h) The court shall order the plaintiff or the attorney for the
plaintiff to deliver a copy of each temporary restraining order or
injunction, or modification or termination thereof, granted under
this section, by the close of the business day on which the order was
granted, to the law enforcement agencies within the court's
discretion as are requested by the plaintiff.  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.
   An order issued under this section shall, on request of the
plaintiff, be served on the defendant, whether or not the defendant
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 plaintiff 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.
   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.
   If the law enforcement officer determines that a protective order
has been issued, but not served, the officer shall immediately notify
the defendant 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.
   (i) The prevailing party in any action brought under this section
may be awarded court costs and attorney's fees, if any.
   (j) 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.
   (k) (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 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 while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
   (l) 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 plaintiff from using other
existing civil remedies.
   (m) The Judicial Council shall promulgate forms and instructions
therefor, and rules for service of process, scheduling of hearings,
and any other matters required 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.
   (n) A temporary restraining order or injunction relating to
harassment or domestic 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.
   (o) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.
   (p) 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 spoke 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 filing a
response to a petition alleging these acts.
   (q) This section shall become operative January 1, 2007.
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 prohibiting further unlawful
violence or threats of violence by that individual.
   (b) For the purposes of this section:
   (1) "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.
   (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) "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.
   (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) 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-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.
   (e) Upon filing a petition for an injunction under this section,
the plaintiff may obtain a temporary restraining order in accordance
with subdivision (a) of Section 527, if the plaintiff also files an
affidavit 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 defendant, and that great or irreparable
harm would result to an employee. In the discretion of the court, and
on a showing of good cause, a temporary restraining order or
injunction issued under this section may include other named family
or household members who reside with the employee.
   A temporary restraining order granted under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 15 days, unless otherwise modified or terminated by the court.
   (f) Within 15 days of the filing of the petition, a hearing shall
be held on the petition for the injunction. The defendant may file a
response that explains, excuses, justifies, or denies the alleged
unlawful violence or credible threats of violence or may file a
cross-complaint under this section. At the hearing, the judge shall
receive any testimony that is relevant and may make an independent
inquiry. Moreover, if the defendant 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 defendant. If the judge finds by clear and convincing
evidence that the defendant engaged in unlawful violence or made a
credible threat of violence, an injunction shall issue prohibiting
further unlawful violence or threats of violence. An injunction
issued pursuant to this section shall have a duration of not more
than three years. At any time within the three months before the
expiration of the injunction, the plaintiff may apply for a renewal
of the injunction by filing a new petition for an injunction under
this section.
   (g) This section does not preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
   (h) Upon filing of a petition for an injunction under this
section, the defendant 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 plaintiff or
on its own motion, shorten the time for service on the defendant.
   (i) (1) The court shall order the plaintiff or the attorney for
the plaintiff to deliver a copy of each temporary restraining order
or injunction, or modification or termination thereof, granted under
this section, by the close of the business day on which the order was
granted, to the law enforcement agencies within the court's
discretion as are requested by the plaintiff. 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.
   (2) At the request of the plaintiff, an order issued under this
section shall be served on the defendant, regardless of whether the
defendant 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 plaintiff 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.
   (3) 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 plaintiff
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.
   (4) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the defendant of the terms of the order and obtain the
defendant's address. The law enforcement officer shall at that time
also enforce the order, but may not arrest or take the defendant 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 plaintiff shall mail an endorsed copy of the order to the
defendant'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.
   (j) (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 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 while the protective order
is in effect is punishable pursuant to subdivision (g) of Section
12021 of the Penal Code.
   (k) 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.
   (l) 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.
   (m) The Judicial Council shall develop forms, instructions, and
rules for scheduling of hearings and other procedures established
pursuant to 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.
   (n) A temporary restraining order or injunction relating to
harassment or domestic 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.
   (o) Information on any temporary restraining order or injunction
relating to harassment or domestic violence issued by a court
pursuant to this section shall be transmitted to the Department of
Justice in accordance with subdivision (b) of Section 6380 of the
Family Code.
   (p) 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 spoke in any
other manner that has placed the employee in reasonable fear of
violence, and that seeks protective or restraining orders or
injunctions restraining stalking or future violence or threats of
violence, in any action brought pursuant to this section. No fee
shall be paid for filing a response to a petition alleging these
acts.
527.9.  (a) A person subject to a temporary restraining order or
injunction issued pursuant to Section 527.6 or 527.8 of the Code of
Civil Procedure, 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) If the person subject to the order or injunction is present in
court at a duly noticed hearing, the court shall order the 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 the order, by either surrendering the firearm to
the control of local law enforcement officials, or by selling the
firearm to a licensed gun dealer, as specified in Section 12071 of
the Penal Code.  If the respondent is not present at the hearing, the
respondent shall relinquish the firearm within 48 hours after being
served with the order.  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 72 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 12071 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 Sections 12021
and 12021.1 of the Penal Code and Sections 8100 and 8103 of the
Welfare and Institutions Code, or (3) another successive restraining
order is used 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 12071 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 Sections 527.6 and 527.8 be prohibited from taking any action to
obtain the address or location of a protected party or a protected
party's family members, caretakers, or guardian, unless there is good
cause not to make that order.
   (b) The Judicial Council shall promulgate 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.