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HomeGovernment CodeDiv. 3Pt. 2.8Ch. 7Art. 1§ 12974 Emergency Civil Rights Relief

§ 12974 Emergency Civil Rights Relief

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 12974 Emergency Civil Rights Relief

Key Takeaways

  • •If someone complains to the department and they think quick action is needed, they can go to court to get temporary help while they figure things out.
  • •The court can make temporary rules to stop something bad from happening until they decide the full case.
  • •The department might get their lawyer fees paid if they win the temporary help part of the case.

Example

A worker complains that their boss is not paying them fairly, and the department thinks the boss might fire the worker before the case is decided.

The department can ask a court to make a temporary rule that the boss cannot fire the worker until the full case is finished. If the court agrees, the boss has to follow this rule while they wait for the final decision.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 12974 Emergency Civil Rights Relief

Whenever a complaint is filed with the department and the department concludes on the basis of a preliminary investigation that prompt judicial action is necessary to carry out the purposes of this part, the director or his authorized representative may bring a civil action for appropriate temporary or preliminary relief pending final disposition of such complaint. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with Section 527 of the Code of Civil Procedure. An action seeking such temporary or preliminary relief may be brought in any county in which actions may be brought under subdivision (b) of Section 12965. In civil actions brought under this section, the court, in its discretion, may award to the department reasonable attorney’s fees and costs, including expert witness fees, when it is the prevailing party for the purposes of the order granting temporary or preliminary relief. (Amended by Stats. 2012, Ch. 46, Sec. 53. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)

Last verified: January 22, 2026

Key Terms

complaintprompt judicial actiontemporary or preliminary reliefSection 527 of the Code of Civil Procedurereasonable attorney’s fees and costs

Related Statutes

  • § 12963 Complaint Investigation Requirements
  • § 12963.1 Complaint Subpoena Authority
  • § 12971 Complaint Withdrawal Or Dismissal
  • § 12960 Employment Discrimination Complaints
  • § 12961 Class Action Complaint Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 12974.
View Official Source