Trade Secret Injunction Demand Letter

Q: Can I get attorneys' fees for the injunction? +

Under California Civil Code § 3426.4, the court shall award attorneys' fees if misappropriation is found to be "willful and malicious." This is mandatory, not discretionary. Additionally, fees may be awarded if a claim of misappropriation is made in bad faith or a motion to terminate an injunction is made in bad faith. Your demand letter—and defendant's refusal to comply—helps establish willfulness. After receiving clear notice of your trade secret rights, continued misappropriation is harder to characterize as innocent.

Pre-litigation TRO warning and emergency injunctive relief demands under California's Uniform Trade Secrets Act

Civil Code § 3426.2 California CUTSA Time-Sensitive

Injunctive Relief Under CUTSA

Speed Is Critical in Trade Secret Cases

Every day of delay increases disclosure risk and weakens your injunction case

Courts expect immediate action when trade secrets are at risk

California Civil Code § 3426.2 authorizes injunctive relief for actual or threatened trade secret misappropriation. An injunction demand letter warns the misappropriating party of imminent court action and preserves your ability to seek emergency relief.

Civil Code § 3426.2(a): "Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation."

Types of Injunctive Relief

Temporary Restraining Order (TRO)

Duration: Up to 14 days (extendable to 28)

Notice: Can be ex parte (without notice) if irreparable harm shown

Standard: Likelihood of success + immediate irreparable injury

Timeline: Can be heard same day or next day

Preliminary Injunction

Duration: Until trial concludes

Notice: Requires notice and hearing

Standard: Likelihood of success + balance of hardships

Timeline: Typically 2-4 weeks after TRO

Permanent Injunction

Duration: Until trade secret loses value

Notice: After full trial on merits

Standard: Actual misappropriation proven

Timeline: Post-trial or summary judgment

Seizure Order (Federal)

Statute: DTSA 18 U.S.C. § 1836(b)(2)

Use: Ex parte seizure of trade secret materials

Standard: Extraordinary circumstances

Note: Federal court only, rarely granted

California Injunction Standards

California courts apply a two-part test for preliminary injunctions:

1. Likelihood of Success on the Merits

You must demonstrate a reasonable probability of prevailing on your CUTSA claim by showing:

Information qualifies as a trade secret under Civil Code § 3426.1(d)
You took reasonable steps to maintain secrecy
Defendant acquired, disclosed, or used the information improperly
Clear evidence connecting defendant to the misappropriation

2. Balance of Interim Harm (or Irreparable Injury)

California uses "balance of interim harm" rather than strict irreparable harm requirement:

Your harm without injunction: Competitive damage, loss of secrecy, market position
Defendant's harm with injunction: Business disruption, employment restrictions
Public interest: Generally favors trade secret protection and fair competition

See IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69-70

Sliding Scale Test: California courts apply a sliding scale—the more likely you are to succeed on the merits, the less you need to show on balance of harms, and vice versa. Strong evidence of misappropriation can overcome a closer call on hardship.

Purpose of the Injunction Demand Letter

Strategic Objectives

Preserve TRO eligibility: Demonstrates you acted immediately upon discovery
Create urgency: Forces defendant to respond or face court action within days
Document diligence: Shows court you attempted less drastic measures first
Trigger preservation duty: Puts defendant on notice to preserve all evidence
Enable ex parte relief: Refusal to comply justifies proceeding without notice
Establish timeline: Creates clear record of when defendant knew of claims

When to Send an Injunction Demand

Day 0: Discovery of Misappropriation

You discover evidence of trade secret theft (data access logs, tip, surveillance)

Day 1-2: Immediate Investigation

Forensic preservation, witness interviews, document evidence

Day 2-3: Injunction Demand Letter

Send demand with 24-48 hour deadline for preservation and cease use

Day 3-5: Deadline Expires

If no adequate response, immediately file TRO application

Day 5-7: TRO Hearing

Present evidence to court; demand letter shows diligence and urgency

Delay Kills Injunctions: Courts routinely deny TROs when plaintiffs waited weeks or months after discovering misappropriation. The injunction demand letter—and your prompt filing if ignored—demonstrates the emergency is real.

Documenting Irreparable Harm

While California's "balance of interim harm" test is more flexible than the federal "irreparable harm" requirement, demonstrating harm that cannot be remedied by money damages significantly strengthens your injunction case.

Key Principle: Trade secrets, once disclosed, cannot be "unlearned." Courts recognize that monetary damages often cannot make a trade secret owner whole because the competitive advantage is permanently destroyed.

Types of Irreparable Harm in Trade Secret Cases

1. Loss of Competitive Advantage

Once competitors know your trade secret, your market position erodes permanently:

Head start you developed through R&D investment eliminated
Pricing power undermined as competitors match your efficiency
Customer relationships damaged by competitive undercutting
Barrier to entry for new competitors removed

Evidence to gather: Market analysis, R&D investment records, competitive landscape documentation

2. Inevitable Further Disclosure

Each day increases the risk of wider dissemination:

Misappropriator may share with additional parties
New employer may distribute throughout organization
Risk of public disclosure or loss to foreign competitors
Information may be incorporated into products, making extraction impossible

Evidence to gather: Defendant's communications, new employer's business plans, evidence of ongoing use

3. Customer and Business Relationship Harm

Damage to relationships that cannot be quantified:

Loss of customer confidence and trust
Damage to reputation in the industry
Vendor and partner relationships undermined
Employee morale and retention affected

Evidence to gather: Customer communications, industry reputation evidence, employee concerns

4. Difficulty Calculating Damages

Courts recognize monetary damages may be inadequate when:

Lost profits are speculative or difficult to prove
Unjust enrichment is hard to measure
Long-term competitive harm cannot be quantified
Multiple infringers make damages calculation impossible

Evidence to gather: Expert declarations on damages complexity, market unpredictability evidence

Strengthening Your Irreparable Harm Showing

Declaration from Executive

Personal declaration from CEO, CTO, or business unit leader explaining:

Strategic importance of the trade secret
Investment made to develop it
Competitive consequences of disclosure
Why money cannot restore the status quo

Expert Declaration

Industry or economic expert explaining:

Market dynamics and competitive impact
Difficulty of damages calculation
Industry practices regarding trade secrets
Permanence of competitive harm

Documentary Evidence

Tangible proof of harm or threatened harm:

Evidence defendant is actively using trade secrets
Communications showing intent to disclose
Competitor product incorporating your secrets
Customer defections or contract losses

Timing Evidence

Show you acted with appropriate urgency:

Date you discovered misappropriation
Immediate steps taken to investigate
Demand letter sent within days
Court filing immediately after deadline

What Weakens Irreparable Harm:

Delay: Waiting weeks or months to act suggests harm isn't urgent
Accepting money: Settlement discussions focused only on payment
Prior disclosure: Evidence trade secret was already widely known
Quantifiable losses: Detailed damages calculations suggest money is adequate

Language for Your Demand Letter

Sample Irreparable Harm Paragraph

The harm to [COMPANY] from your continued misappropriation cannot be remedied by monetary damages. Once our trade secrets are disclosed to [NEW EMPLOYER] or incorporated into competing products, our competitive advantage—developed through [NUMBER] years and [DOLLAR AMOUNT] in R&D investment—will be permanently destroyed. No amount of money can restore the confidentiality of information that has been disclosed or "unring the bell" of trade secret exposure. Moreover, calculating damages for lost competitive position over the coming years would be speculative at best. Courts have consistently recognized that trade secret misappropriation causes per se irreparable harm because "[t]he loss of trade secrets cannot be measured in money damages" and the competitive injury "is not fully compensable in damages." See ABBA Rubber Co. v. Seaquist (1991) 235 Cal.App.3d 1, 13. Accordingly, if you do not immediately cease all use and return all materials containing our trade secrets within [48/72] hours, [COMPANY] will have no choice but to seek emergency injunctive relief from the Superior Court, including a temporary restraining order that may be sought ex parte.

California TRO Procedures

Ex Parte TRO Requirements (CCP § 527): To obtain a TRO without giving the defendant advance notice, you must show: (1) great or irreparable injury will result before the matter can be heard on notice, AND (2) you made reasonable efforts to give informal notice or explain why notice should not be required.

Step-by-Step TRO Process

Step 1: Prepare TRO Application Package

Required documents:

Verified Complaint for trade secret misappropriation
Application for TRO and OSC re Preliminary Injunction
Memorandum of Points and Authorities
Declaration(s) establishing facts and irreparable harm
Proposed TRO order
If ex parte: Declaration re notice (or why none given)
Undertaking (bond) or request for waiver

Step 2: File Complaint and Application

File with Superior Court clerk and pay filing fees. Request earliest available hearing date. Most courts have procedures for emergency/same-day ex parte hearings.

Step 3: Serve Papers (if not ex parte)

CCP § 1005(b) requires 16 court days' notice for noticed motions. For ex parte applications, California Rules of Court 3.1204 requires notice to opposing party by 10:00 a.m. the court day before the hearing, unless court orders otherwise.

Step 4: Attend TRO Hearing

Present argument to judge. If ex parte, be prepared to explain why immediate relief is necessary and why defendant should not have been given full notice.

Step 5: Post Bond (if required)

Court will typically require an undertaking (bond) to protect defendant against wrongful injunction damages. Amount varies based on potential harm to defendant.

Step 6: Serve TRO on Defendant

TRO is not effective until served. Serve immediately by personal service or other method ordered by court.

Ex Parte Notice Requirements

California Rules of Court 3.1204

An applicant for ex parte relief must make an affirmative factual showing of one of the following:

Notice given: The applicant informed the opposing party when and where the application would be made
Notice attempted: The applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made
Notice should not be required: For reasons specified, the applicant should be excused from giving notice

Your Demand Letter Supports Ex Parte Relief: The injunction demand letter serves as informal notice. If defendant ignores it, your declaration can explain: "We provided written notice of our claims and intent to seek injunctive relief on [DATE]. Defendant refused to comply. Given defendant's refusal to respond and the ongoing harm from continued misappropriation, we submit this ex parte application because waiting for a noticed hearing would allow irreparable harm to continue."

Bond Requirements

Purpose of the Bond

CCP § 529 requires an undertaking to pay damages if the injunction is later found wrongful. This protects defendants from abusive litigation.

Typical Bond Amounts

Courts have discretion. Trade secret TRO bonds typically range from $10,000 to $500,000+ depending on potential harm to defendant's business.

Reducing the Bond

Argue: (1) strong likelihood of success, (2) limited harm to defendant from complying, (3) defendant's conduct warrants less protection.

Waiver Possibility

Courts may waive bond in rare cases where plaintiff shows inability to pay would deny access to justice, but this is unusual for business disputes.

What the TRO Can Order

Typical TRO Provisions in Trade Secret Cases

Cease use of all trade secret information
Return all documents, files, and materials containing trade secrets
Preserve all evidence, including electronic data
Refrain from disclosing trade secrets to any third party
Allow forensic inspection of devices that may contain trade secrets
Refrain from contacting specific customers or employees
Expedited discovery to identify scope of misappropriation

Drafting Tip: Propose specific, enforceable TRO terms in your application. Vague orders like "cease misappropriation" are hard to enforce. Specify exactly what defendant must do and not do.

Federal Court Option: DTSA Seizure

18 U.S.C. § 1836(b)(2) - Civil Seizure

The Defend Trade Secrets Act allows federal courts to issue ex parte seizure orders in "extraordinary circumstances." Requirements:

TRO under Rule 65 would be inadequate
Immediate and irreparable injury will occur
Harm to applicant outweighs harm to defendant and third parties
Applicant is likely to succeed on the merits
Defendant actually possesses the trade secret
Application describes matter to be seized with reasonable particularity
Defendant would destroy, move, hide, or otherwise make the matter inaccessible
Applicant has not publicized the seizure request

Note: Seizure orders are rarely granted and require truly extraordinary circumstances. Most trade secret cases proceed with standard TRO procedures.

Sample Injunction Demand Letters

These templates demonstrate demand letters with explicit injunction warnings. Customize based on your specific circumstances.

Sample 1: Pre-TRO Demand to Former Employee

[ATTORNEY LETTERHEAD] [DATE] VIA EMAIL AND CERTIFIED MAIL [FORMER EMPLOYEE NAME] [ADDRESS] [EMAIL] Re: URGENT - Final Demand Before Emergency Court Action Trade Secret Misappropriation and Demand for Immediate Injunctive Relief Dear [Mr./Ms. LAST NAME]: This firm represents [COMPANY NAME] ("[COMPANY]"). We write concerning your misappropriation of [COMPANY]'s trade secrets and to provide you with one final opportunity to avoid emergency court action. UNLESS YOU COMPLY WITH THE DEMANDS BELOW WITHIN 48 HOURS, [COMPANY] WILL FILE FOR A TEMPORARY RESTRAINING ORDER IN SUPERIOR COURT WITHOUT FURTHER NOTICE. BACKGROUND You were employed by [COMPANY] as [POSITION] from [START DATE] until your resignation on [END DATE]. During your employment, you had access to [COMPANY]'s most sensitive trade secrets and confidential information, including [DESCRIBE TRADE SECRETS]. On [DATE], you signed a Confidentiality and Non-Disclosure Agreement acknowledging that this information constitutes [COMPANY]'s trade secrets and agreeing to maintain its confidentiality both during and after your employment. EVIDENCE OF MISAPPROPRIATION Our investigation has revealed that you engaged in the following misconduct: 1. On [DATE], you [DESCRIBE SPECIFIC CONDUCT - e.g., "downloaded approximately 15,000 files from the company server to a personal USB drive"]. 2. On [DATE], you [DESCRIBE ADDITIONAL CONDUCT - e.g., "forwarded confidential customer lists and pricing information to your personal email"]. 3. You have now accepted employment with [NEW EMPLOYER], a direct competitor of [COMPANY] in the [DESCRIBE MARKET]. This conduct constitutes misappropriation under California's Uniform Trade Secrets Act (Civil Code § 3426 et seq.) and potentially violates federal law under the Defend Trade Secrets Act (18 U.S.C. § 1836). IRREPARABLE HARM [COMPANY] invested [TIME PERIOD/DOLLAR AMOUNT] developing the trade secrets you have taken. Each day you retain this information—and each day you remain employed by a competitor with access to it—causes irreparable competitive harm that cannot be remedied by money damages. California courts consistently recognize that trade secret misappropriation causes per se irreparable harm because the competitive injury cannot be undone once disclosure occurs. See, e.g., Readylink Healthcare v. Cotton (2005) 126 Cal.App.4th 1006, 1024. DEMANDS To avoid immediate court action, you must complete ALL of the following within 48 HOURS of this letter (by [DATE AND TIME]): 1. CEASE AND DESIST: Immediately cease any and all use of [COMPANY]'s trade secrets and confidential information. 2. RETURN ALL MATERIALS: Return to [COMPANY] all documents, files, devices, and materials containing or derived from [COMPANY]'s confidential information, including but not limited to the items identified above. 3. CERTIFY DELETION: Provide a sworn declaration certifying that you have permanently deleted all electronic copies from all personal devices, cloud storage, email accounts, and any other locations. 4. ALLOW FORENSIC VERIFICATION: Make your personal devices available for forensic examination by a mutually agreed neutral expert to verify complete deletion. 5. PRESERVE EVIDENCE: Immediately preserve and refrain from deleting, destroying, or altering any documents, communications, or data relating to [COMPANY]'s information or your new employment. NOTICE OF LITIGATION HOLD You are hereby placed on notice of your obligation to preserve all documents and electronically stored information that may be relevant to anticipated litigation, including all emails, text messages, files, and device data. CONSEQUENCES OF NON-COMPLIANCE If you fail to fully comply with these demands within 48 hours: • [COMPANY] will file an application for a Temporary Restraining Order in [COUNTY] County Superior Court seeking emergency relief. • We will seek the TRO on an ex parte basis, meaning without providing you advance notice of the hearing. • We will seek an order requiring you to immediately cease employment with [NEW EMPLOYER] or any position where you would use or be exposed to [COMPANY]'s trade secrets. • We will seek expedited discovery, including forensic examination of all your electronic devices. • We will pursue all available damages, including attorneys' fees under Civil Code § 3426.4 (which are mandatory where misappropriation is willful). This letter constitutes formal notice of [COMPANY]'s claims and intent to seek emergency relief. Your refusal to comply will be presented to the court as evidence justifying ex parte relief. Please direct all communications regarding this matter to the undersigned. Do not contact [COMPANY] or its employees directly. [COMPANY] reserves all rights and remedies at law and equity. Very truly yours, [ATTORNEY NAME] [FIRM NAME] cc: [NEW EMPLOYER] (via certified mail) [CLIENT REPRESENTATIVE]

Sample 2: Demand to Company Using Stolen Trade Secrets

[ATTORNEY LETTERHEAD] [DATE] VIA OVERNIGHT DELIVERY AND EMAIL [COMPANY NAME] Attn: General Counsel / Chief Executive Officer [ADDRESS] Re: URGENT: Demand for Immediate Injunctive Relief - Trade Secret Misappropriation Dear Counsel: We represent [CLIENT NAME] ("[CLIENT]"). Your company is in possession of and actively using [CLIENT]'s trade secrets that were misappropriated by [FORMER EMPLOYEE NAME], who you recently hired as [POSITION]. THIS LETTER CONSTITUTES [CLIENT]'S FINAL PRE-LITIGATION DEMAND. IF YOUR COMPANY DOES NOT COMPLY WITH THE DEMANDS BELOW WITHIN 72 HOURS, [CLIENT] WILL SEEK EMERGENCY INJUNCTIVE RELIEF IN COURT. FACTS [FORMER EMPLOYEE] worked for [CLIENT] as [POSITION] until [DATE]. In that role, [he/she] had access to [CLIENT]'s most valuable trade secrets, including [DESCRIBE TRADE SECRETS]. Before departing, [FORMER EMPLOYEE] [DESCRIBE MISAPPROPRIATION - e.g., "downloaded proprietary source code and customer data to personal storage devices"]. Within [TIME PERIOD], [he/she] began working for your company. Since that time, your company has [DESCRIBE USE OF TRADE SECRETS - e.g., "released a product that incorporates features that are strikingly similar to our proprietary technology" or "contacted our customers using information only available through our confidential customer database"]. YOUR COMPANY'S LIABILITY Under California Civil Code § 3426.1(b), misappropriation includes acquisition of a trade secret by a person who "knows or has reason to know" that it was acquired by improper means. Your company hired a competitor's employee with access to valuable trade secrets and, within [TIME PERIOD], began using those secrets for competitive advantage. Your company is liable for misappropriation because it: • Knew or should have known [FORMER EMPLOYEE] had access to our trade secrets • Acquired information derived from those trade secrets • Used that information in competition with [CLIENT] Further use will be deemed willful, subjecting your company to enhanced damages and mandatory attorneys' fees under Civil Code § 3426.3 and § 3426.4. DEMANDS To avoid immediate litigation and a motion for emergency injunctive relief, your company must complete ALL of the following within 72 HOURS: 1. SEQUESTER [FORMER EMPLOYEE]: Immediately remove [FORMER EMPLOYEE] from any position where [he/she] has access to or could use [CLIENT]'s trade secrets, including any work on [RELEVANT PROJECTS/PRODUCTS]. 2. RETURN ALL MATERIALS: Return to [CLIENT] all materials obtained from [FORMER EMPLOYEE] containing [CLIENT]'s confidential information. 3. CEASE USE: Immediately cease all use of [CLIENT]'s trade secrets in your products, services, and operations. 4. FORENSIC AUDIT: Engage a mutually acceptable forensic expert to audit your systems and [FORMER EMPLOYEE]'s devices to identify the scope of trade secret contamination. 5. PRESERVE EVIDENCE: Immediately implement a litigation hold to preserve all documents and data related to your hiring of [FORMER EMPLOYEE] and any use of [CLIENT]'s information. CONSEQUENCES OF NON-COMPLIANCE If you fail to comply, [CLIENT] will: • File suit against your company and [FORMER EMPLOYEE] for trade secret misappropriation under CUTSA and DTSA • Immediately move for a TRO enjoining your company's use of our trade secrets and requiring sequestration of [FORMER EMPLOYEE] • Seek expedited discovery including forensic imaging of relevant systems • Pursue all available damages including disgorgement of profits, unjust enrichment, exemplary damages for willful conduct, and attorneys' fees Your company's receipt of this letter forecloses any claim of innocent acquisition. Continued use after this notice is willful. Please confirm receipt and your company's intentions by [DATE/TIME]. Very truly yours, [ATTORNEY NAME] cc: [FORMER EMPLOYEE] (via separate counsel if known)

Pro Tip: After sending these letters, calendar the deadline carefully. If the deadline passes without full compliance, be prepared to file your TRO application immediately. Delay after your own deadline undermines your irreparable harm argument.

🖩 Trade Secret Injunction Damages Calculator

Use this interactive calculator to estimate potential damages in your case. Enter your information below to get an estimate of recoverable damages.

Direct Financial Loss ($) Actual money lost or spent

Consequential Damages ($) Additional losses caused by the issue

Emotional Distress Level

Statutory Penalty Type

📈 Estimated Damages Breakdown

Direct Damages $0

Consequential Damages $0

Emotional Distress (Est.) $0

Statutory Penalties (Est.) $0

TOTAL ESTIMATED DAMAGES $0

Disclaimer: This calculator provides rough estimates for educational purposes only and does not constitute legal advice. Actual damages vary significantly based on specific facts, evidence strength, and many other factors. Consult with a qualified California attorney for an accurate case evaluation.

Frequently Asked Questions

How quickly can I get a TRO in California? +

In true emergencies, same-day or next-day. Most California Superior Courts have procedures for emergency ex parte applications. Some courts have dedicated "emergency" or "ex parte" calendars. Contact the clerk's office to understand local procedures.

For routine ex parte matters, California Rules of Court require filing by 10:00 a.m. the court day before the hearing, with notice to the opposing party by the same time. But courts have discretion to shorten time in genuine emergencies.

Do I really need a lawyer to get a TRO? +

Technically, no—individuals and business representatives can appear pro se. But as a practical matter, TRO applications in trade secret cases are complex and fast-moving. You need to:

Draft a verified complaint and multiple declarations
Write a persuasive legal brief citing relevant authority
Navigate court procedures for emergency filings
Argue your case at an immediate hearing
Prepare a proposed order with specific, enforceable terms

Experienced IP litigation counsel dramatically increases your chances of success and can move much faster than someone learning the process.

What if defendant complies with my demand letter? +

Partial compliance is common. Evaluate whether the response adequately protects your trade secrets:

Full compliance: You may not need immediate court action, but consider whether you want a court order memorializing the obligations
Partial compliance: File TRO for the non-compliant items; the partial compliance actually strengthens your case by showing some demands were reasonable
Verbal compliance only: Demand written certification and verification; verbal promises aren't enforceable

Even with compliance, you may still want to file suit and seek a preliminary injunction to ensure ongoing protection with court oversight.

Can I get an injunction preventing someone from working for a competitor? +

California is very protective of employee mobility under Business & Professions Code § 16600. Courts will not enforce non-compete agreements. However, you may be able to obtain:

Role restrictions: Prevent employee from working on specific projects that would require using your trade secrets
Information barriers: Require new employer to implement "ethical walls" preventing access to your secrets
Limited "inevitable disclosure": In rare cases where disclosure is truly unavoidable, some restrictions on job duties may be possible (but California courts are skeptical)

Focus your injunction request on protecting specific trade secrets rather than preventing employment generally. See Whyte v. Schlage Lock Co. (2002) 101 Cal.App.4th 1443 (rejecting broad inevitable disclosure doctrine in California).

What bond will the court require for a TRO? +

Bond amounts vary widely based on potential harm to the defendant. Factors courts consider:

Defendant's lost income if prevented from working
Business disruption to defendant's company
Duration of the proposed injunction
Likelihood that the injunction will ultimately be found wrongful

In trade secret cases, bonds commonly range from $10,000 to $100,000 for individual defendants and $50,000 to $500,000+ for corporate defendants. Be prepared to post bond immediately—the court may condition the TRO on your posting the undertaking the same day.

Should I send the demand letter or just file the TRO? +

In most cases, send the demand letter first, but with a very short deadline (24-72 hours). Benefits:

Demonstrates good faith: Courts appreciate attempts to resolve without litigation
Supports ex parte relief: Defendant's refusal to comply justifies proceeding without full notice
May achieve compliance: Some defendants will comply to avoid court action
Creates evidence: Refusal to comply is powerful evidence at the TRO hearing

Exception: If you have evidence the defendant is about to destroy evidence, disclose secrets to third parties, or otherwise cause imminent irreparable harm in the next 24-48 hours, skip the demand letter and file immediately.

What happens at the preliminary injunction hearing? +

If you obtain a TRO, the court will set a preliminary injunction hearing (typically 2-4 weeks later). At this hearing:

Both sides present evidence: Unlike the TRO, defendant has full opportunity to respond
Declarations and exhibits: Primary evidence is through written declarations, not live testimony
Oral argument: Attorneys argue the legal standards and factual disputes
Limited discovery: Courts may allow expedited discovery before the hearing
Court's decision: Judge issues ruling, often from the bench

A preliminary injunction lasts until trial, so this hearing is critically important. Prepare thoroughly—it may be your most important court appearance until trial.

Can I get attorneys' fees for the injunction? +

Under California Civil Code § 3426.4, the court shall award attorneys' fees if misappropriation is found to be "willful and malicious." This is mandatory, not discretionary. Additionally, fees may be awarded if a claim of misappropriation is made in bad faith or a motion to terminate an injunction is made in bad faith.

Your demand letter—and defendant's refusal to comply—helps establish willfulness. After receiving clear notice of your trade secret rights, continued misappropriation is harder to characterize as innocent.