The plaintiffs’ ex parte application for a temporary restraining order is granted. The proposed order is not signed. Counsel for plaintiffs shall provide a proper form of a temporary restraining order and of an order to show cause re issuance of a preliminary injunction.

Analysis: Civil Code section 913 is conditioned upon the delivery of either a notice of claim or a written representation letter from the homeowner’s attorney. Plaintiffs have not provided evidence of the delivery of either. However, the service of the complaint serves the same purpose of informing the builder that the homeowner is represented by counsel, and thus is the functional equivalent of a representation letter. Although no proof of service of the complaint appears in the file, the builder has appeared in this action to stipulate to a stay of proceedings. The Court has no doubt that the builder knows that the plaintiffs in the action are represented by counsel. The conduct alleged by the plaintiffs appears be