Fill and Sign the Declaration Restraining Order Sample Form

CD-190 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ––––– ––––– ––––– ––––– TELEPHONE NO.: ––––– FAX NO. (Optional): ––––– E-MAIL ADDRESS (Optional): ––––– ATTORNEY FOR (Name): ––––– SUPERIOR COURT OF CALIFORNIA, COUNTY OF ––––– STREET ADDRESS: ––––– MAILING ADDRESS: ––––– CITY AND ZIP CODE: ––––– BRANCH NAME: ––––– PLAINTIFF: ––––– DEFENDANT: ––––– CASE NUMBER: APPLICATION FOR TEMPORARY RESTRAINING ORDER ––––– 1. Plaintiff* (name): ––––– has filed an application for a writ of possession and a. a hearing has not been set. b. a hearing will be held on (date): ––––– Time: ––––– Dept.: Rm.: 2. Plaintiff requests a temporary restraining order that will apply to (check all that apply): a. the farm products (Code Civ. Proc., § 511.040) held for sale or lease described in the application for writ of possession. b. the inventory (Code Civ. Proc., § 511.050) described in the application for writ of possession. c. the property (other than the above) described in the application for writ of possession. 3. Plaintiff requests that defendant (name): ––––– be prohibited from (check all that apply): a. transferring any interest in the property referred to in items 2a or 2b by sale, pledge, or grant of security interest or otherwise disposing of or encumbering it, except in the ordinary course of business. b. transferring any interest in the property referred to in item 2c by sale, pledge, or grant of security interest or otherwise disposing of or encumbering it. c. concealing or otherwise removing the property in such a manner as to make it less available to seizure by the levying officer. d. impairing the value of the property either by acts of destruction or by failure to care for the property in a reasonable manner (specify any needed precautions): ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– * “ Plaintiff ” includes cross-complainant and “ defendant ” includes cross-defendant. Page 1 of 2 Form Adopted for Mandatory Use Code Civ. Proc., §§ 513.010, 513.020 Judicial Council of California CD-190 [Rev. January 1, 2006] APPLICATION FOR TEMPORARY RESTRAINING ORDER (Claim and Delivery) electronic form ã 2005 WWW.LawCA.co m Law Publishers CD-190 PLAINTIFF: ––––– CASE NUMBER: DEFENDANT: ––––– ––––– 4. Plaintiff requests the following restrictions on the disposition of the proceeds of a transfer of the property described in items 2a or 2b in the ordinary course of business (specify): ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– 5. Facts showing the probability that there is an immediate danger that the property referred to in item 2 may become unavailable to levy by reason of being transferred, concealed, or removed or may become substantially impaired in value are specified in the verified complaint. in the attached declaration. as follows: ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– 6. Number of pages attached: ––––– I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: ––––– ––––– (TYPE OR PRINT PLAINTIFF'S NAME) (PLAINTIFF'S SIGNATURE) CD-190 [Rev. January 1, 2006] APPLICATION FOR TEMPORARY RESTRAINING ORDER Page 2 of 2 (Claim and Delivery)