BYRON M. v. City of Whittier

ORDER RE: TEMPORARY RESTRAINING ORDER

Plaintiffs Motion for a Temporary Restraining Order came on regularly for hearing before this Court on November 10, 1998. After reviewing the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that Plaintiffs Motion is GRANTED in part and denied in part.

The Court, having reviewed the papers relating to Plaintiff Byron M.’s Motion for Temporary Restraining Order, finds as follows:

I. Standard

A court may issue a temporary restraining order if it determines: (1) the moving party will suffer irreparable injury if the relief is denied; (2) the moving party will probably prevail on the merits; (3) the balance of potential harm favors the moving party; and depending on the nature of the case, (4) the public interest favors granting relief. See International Jensen v. Metrosound U.S.A., 4 F.3d 819, 822 (9th Cir.1993).

Under the “alternative standard,” a party may obtain a temporary restraining order, by demonstrating either: (1) a combination of probable success on the merits and the possibility of irreparable injury if relief is not granted; or (2) the existence of serious questions going to the…