Ross v. Figueroa
California Court of Appeal
43 Cal. Rptr. 3d 289 (2006)
Relevant factsFree
Tameka Ross (plaintiff) obtained an ex parte temporary restraining order (TRO) against her former live-in partner Oscar Figueroa (defendant); the standard court form told Figueroa only that he could respond in writing before the hearing on making the order permanent. Neither party had an attorney at the hearing; Figueroa asked for a continuance, which the trial court denied, and the court also refused to let him submit evidence. The trial court then granted a three-year permanent restraining order, and Figueroa appealed.
IssueFree
Whether a party must be granted one continuance upon request when responding to a permanent restraining order request following an ex parte temporary restraining order.
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