Kinsey Law Offices 
Declaration Supporting Application For TRO
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    (Name, Address Of Party or attorney)
    ____________
    ____________
    ____________
    State Bar No: ______
    (____) _____ - ________
    Attorney for _______ (Or "In Pro Per")

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ________

 

[PLAINTIFF(S) NAMES]
Plaintiffs,

 

v.
 
[DEFENDANT(S) NAMES]
Defendants
 
 
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CASE NO: _______
 
DECLARATION OF ____ IN SUPPORT OF OF APPLICATION FOR TEMPORARY RESTRAINING ORDER
 
Date: ______
Time: ______
Place: ______
Trial Date: _____

I, __________ [name], declare as follows:

1. __________ [Identify declarant, such as: I am a plaintiff
in this action and the tenant of __________ (name of Plaintiff One)
who is also a plaintiff in this action. I reside on the property
that is the subject of this application or as the case may be.]
I make this declaration in support of the plaintiffs' application
for a temporary restraining order and order to show cause why a
preliminary injunction should not issue.

2. __________ [State facts identifying wrongful acts and
perpetrators, and stating why acts should be restrained, such as:
I am acquainted with the defendant in this action. Beginning on or
about __________ (date), and continuing to the present time,
defendant and two people who appear to be defendant's agents and
employees began entering onto plaintiff's property at __________
(address), cutting trees, and removing wood and brush, all without
permission. On or about __________ (date), __________ (name of
Plaintiff One) in my presence made an oral demand to defendant and
defendant's agents and employees then present that they leave the
property and cease cutting and removing trees, wood, and brush.
Defendant has refused and continues to refuse to cease this
conduct, which has permanently removed and destroyed over 20 trees
and varied vegetation, leaving stumps and debris, causing scars on
the land and erosion, and creating a danger of severe future
erosion and wasteful run-off, with reduced percolation of water
into the aquifer that serves the well on the property. Defendant's
removal of trees and vegetation has made my residence visible to
the road and surrounding houses, and the noise of the road has
become more audible and disturbing inside my house. Defendant's
unwelcome presence and noisy activities on the property (including
the use of chain saws and hauling machinery) interfere with my
sleep, privacy, and quiet enjoyment of the property, and cause me
great emotional distress.]

3. __________ [Identify and describe any exhibits attached as
evidence to the declaration, such as writings or photographs, such
as: I attach as Exhibit "A" a photograph I took on __________
(date) while standing on the passing road at the driveway of the
property. The photograph shows a view of my residence (which was
never visible from that spot before), ten fresh tree stumps,
flattened and damaged shrubbery, and fresh deep scars in the ground
on the property. It is a fair and accurate representation of that
portion of the property on that date.]

4. __________ [Identify and describe any other exhibits.]

5. __________ [State the CCP section 526(a) grounds for a
preliminary injunction that apply, such as: Defendant, and
defendant's agents and employees, are, and threaten to continue,
wrongfully removing and damaging trees and vegetation on the
subject property in violation of plaintiffs' rights. Plaintiffs
are entitled to the restraint of the continuation of these wrongful
acts, as demanded. The anticipated continuation of these wrongful
acts would tend to render any future judgment ineffectual, because
the trees and vegetation will have been already damaged or removed.

Pecuniary compensation would not afford adequate relief because no
amount of money could restore the property to its previous
condition.]

6. Plaintiffs will suffer __________ [great or irreparable or
great and irreparable] injury before the matter can be heard on
notice because __________ [the trees and vegetation that defendant
threatens to continue to damage and remove are unique, representing
years of growth, and cannot readily be restored or replaced or as
the case may be].

7. These facts are a matter of my personal knowledge. I
would be competent to testify to their truth if I were called as a
witness.

I declare under penalty of perjury under the laws of the State
of California that the foregoing declaration is true and correct.

Dated __________ at __________ [place].

______________________________
[Signature of declarant]

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