Resolving a conflict in Court of Appeal case law, the Supreme Court today holds in In re E.F that the Legislature has made applicable to ex parte restraining orders issued against minors in juvenile wardship proceedings the notice requirements for temporary restraining orders in general.  The court interprets Welfare and Institutions Code section 213.5, which references Code of Civil Procedure section 527.

The court’s unanimous 12-page opinion by Justice Goodwin Liu concludes that, under the general statute, if “the prosecutor has not given advance notice and has not made an adequate showing to justify the lack of notice, the court must give sufficient time for counsel and the minor to prepare and respond to the application before any order is issued.”

The court reverses the Second District, Division Two, and is in accord with a 2020 Second District, Division Six, opinion.  (See here.)