What is needed to establish grounds for an ex parte temporary restraining order?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

To establish grounds for an ex parte temporary restraining order, specific facts showing immediate and irreparable injury must be presented to the court. In most jurisdictions, including California, an ex parte application allows a party to seek emergency relief without the other party being present, but it is essential to demonstrate urgency. The requirement for showing immediate and irreparable injury is fundamental because the court must be convinced that the harm is so severe that it cannot wait for a regular hearing where both parties are present.

This standard helps ensure that the extraordinary remedy of a temporary restraining order is granted only in situations where there is a critical need for immediate intervention to prevent harm. Merely having a good argument or prior attempts to resolve the situation doesn't suffice; the focus is on the immediacy and severity of the potential harm. Therefore, option B accurately reflects the legal standard required to issue an ex parte temporary restraining order.

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