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Central District of California U.S.D.C.

Local Rules
Rule Name:Chapter:
F.R.Civ.P. 65 InjunctionsChapter I: (Includes prior Chapter IV: Student Practice Rules and Chapter VII: Attorney Disciplinary Rules of the Court)

F.R.Civ.P. 65 Injunctions

L.R. 65-1 Temporary Restraining Orders and Preliminary Injunctions . A party seeking a temporary restraining order ("TRO") must submit an application, a proposed TRO, and a proposed order to show cause why a preliminary injunction should not issue. If the TRO is granted, the hearing on the order to show cause will be set within ten (10) days after the entry of the TRO unless otherwise agreed by the parties. If the TRO is denied, the Court may set the hearing on the order to show cause without regard to the twenty-one (21) days notice of motion requirement of L.R. 6-1.

When a TRO is not sought, an application for a preliminary injunction shall be made by notice of motion and not by order to show cause.

L.R. 65-2 Approval of Bonds, Undertakings and Stipulations of Security . The Clerk is authorized to approve on behalf of the Court all bonds, undertakings and stipulations of security given in the form and amount prescribed by statute, order of the Court or stipulation of counsel, which comply with the requirements of L.R. 65-3, and contain a certificate by an attorney pursuant to L.R. 65-5, except where the approval of a judge is specifically required by law.

L.R. 65-3 Bonds or Undertakings - Sureties - Qualifications . No bond or undertaking requiring third-party sureties will be approved unless it bears the names and addresses of third-party sureties and is accompanied by a declaration by the surety stating that:

(a) The surety is a resident of the State of California;

(b) The surety who intends to deed real property as security owns the real property within the State of California;

(c) The security posted by the surety is worth the amount specified in the bond or undertaking, over and above just debts and liabilities; and

(d) The property real or personal, which is to be conveyed as security, is not exempt from execution and prejudgment attachment.

If specifically approved by the Court, real property in any other state of the United States may be part of the surety's undertaking.

L.R. 65-4 Bonds or Undertakings - Corporate Surety . Before any corporate surety bond or undertaking is accepted by the Clerk, the corporate surety must have on file with the Clerk a duly authenticated copy of a power of attorney appointing the agent executing the bond or undertaking. The appointment shall be in a form to permit recording in the State of California.

L.R. 65-5 Bonds or Undertakings - Certificate by Attorney . A bond or undertaking presented to the Clerk for acceptance must be accompanied by a certificate by the attorney for the presenting party in substantially the following form:

This bond (or undertaking) has been examined pursuant to L.R. 65-3 and is recommended for approval. It (is) (is not) required by law to be approved by a judge.

______________________________
Date
______________________________
Attorney

L.R. 65-6 Certificate by Attorney - Meaning . A certificate by an attorney made pursuant to L.R. 65-5 certifies to the Court that:

(a) The attorney has carefully examined the bond or undertaking;

(b) The attorney knows the content of the bond or undertaking;

(c) The attorney knows the purpose for which the bond or undertaking is executed;

(d) In the attorney's opinion, the bond or undertaking is in due form;

(e) The attorney believes the declarations of qualification by the surety are true; and

(f) The attorney has determined whether the bond or undertaking is required by law to be approved by a judge.

L.R. 65-7 Bonds or Undertakings - Approval of Judge . If a bond or undertaking is required by law to be approved by a judge, it shall be presented to the judge with the attorney's certificate required by L.R. 65-5 before it is filed by the Clerk.

L.R. 65-8 Bonds or Undertakings - Summary Adjudication of Obligation and Execution - Proceeding . An indemnitee or party in interest seeking a judgment on a bond or undertaking shall proceed by Motion for Summary Adjudication of Obligation and Execution. Service of the motion on personal sureties shall be made pursuant to F.R.Civ.P.5(b). Service shall be made on a corporate surety as provided in 31 U.S.C. 9306.

L.R. 65-9 Bonds or Undertakings - Surety - Court Officer . No clerk, deputy clerk, marshal, magistrate judge, judge, attorney, or other officer of this Court will be accepted as surety upon any bond or undertaking in any action or proceeding in this Court.

L.R. 65-10 Bonds or Undertakings - Cash Deposit . In any civil proceeding, a cashier's check may be deposited with the Clerk in lieu of any bond or undertaking requiring a personal or corporate surety. Such deposit shall be subject to all of the provisions of L.R. 65-2 et seq. and the F.R.Civ.P. application to bonds and undertakings.