City of South San Francisco v. Cypress Lawn Cemetery Ass'n

Opinion

POCHÉ, Acting P. J.

The Bond and Undertaking Law (Code Civ. Proc., § 995.010 et seq.) 1 provides that a governmental entity cannot be required to provide an undertaking in order to obtain a temporary restraining order (TRO), We hold that the public policy supporting this exemption is sufficiently strong to override a trial court’s inherent power to require an undertaking as a condition of issuing that form of interim injunctive relief. In light of this holding, we conclude that no recovery can be had from the undertaking which the trial court had no authority to require.

Background

At the…