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Temporary Restraining With No Notice to Minor

When the prosecution moves for a temporary restraining order in a juvenile wardship proceeding without having given advance notice to the minor, must it be shown that: (a) "great or irreparable injury will result" before the matter could be heard with proper notice, and (b) the prosecution notified the minor within a reasonable time prior to the hearing regarding when and where the order would be sought, or attempted the notify the minor, or for specified reasons should not have been required to notify the minor? (See Welf. & Inst. Code, 213.5, subd. (b); Code of Civ. Proc., 527, subd. (c).) (In re Erika F. (2020) 45 Cal.App.5th 216, review granted 6/17/2020 (S260839/B295755, B297079).)

Updated: 6/17/2020

Return to: California Supreme Court Pending Issues.

 

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