Legal Question in Constitutional Law in California

Is a TRO (Temporary Restraining Order) or Temporary Injunction an example of “Affirmative Relief”?

Or is a TRO a different type / category of relief?

Most TROs are for 14-days. What if a TRO case (silencing a whistleblower / public speaker from speaking / public participation / non-violent) has been going on for several years, due to Discovery and other delays. For several years a TRO / Temporary Injunction has been enforced, without a Final Hearing. Both sides have agreed to the Continuances for Discovery and other delays, however the Defendant has been silenced this entire time, essentially granting the “Temporary” Injunction for several years, even though it is still “temporary”.

Would this extended “TRO (Temporary Restraining Order) or Temporary Injunction” be considered a type of “Affirmative Relief” — even without yet a Final Hearing?

I am pursuing a motion involving “Fraud Upon the Court”, because the opposing side lied in their original complaint, and lied in deposition multiple times to thwart discovery.

Part of what I need to prove is that the opposing side, in their ”Fraud Upon the Court” has already received ”Affirmative Relief” in the form of the “Temporary Injunction” — otherwise sometimes Courts feel the fraud is not serious enough if “Affirmative Relief” has not yet been granted.

I am also pursuing an Anti-SLAPP motion, because I am being silenced from speaking / public participation by the temporary injunction. Discovery has shown that the opposing side’s goal is to silence free speech on public issues, and to retaliate concerning a petition of grievances to a government entity.

But my question is only — is a TRO considered “Affirmative Relief”? Or is a TRO a different type of Relief?

Asked on 1/26/23, 8:37 pm

1 Answer from Attorneys

Sure, it's affirmative relief. But in this context your right to attack the affirmative relief is in the hearing on making the TRO a permanent injunction. You are making the mistake every amateur and many young lawyers make by focusing on words instead of intent and meaning of the law. You treat "Affirmative Relief" and "Fraud on the Court" as magic words out of context. If you have a TRO and you are waiting for a final hearing on an injunction, that is the only forum in which you can raise fraud on the court. P.S. You don't understand "fraud upon the court" either. It doesn't mean lying in court or court papers. It is a much more complicated legal concept.

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Answered on 1/27/23, 9:17 pm

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