Summary
The United States District Court for the Northern District of California denied Robert Barroca’s motion for a temporary restraining order and preliminary injunction against the Hayward Area Recreation and Parks District. The court held that Barroca had not shown likely irreparable harm or a likelihood of success on his retaliation claim, including because he offered only speculation that the District was involved in the alleged conduct.
Holdings
- Barroca failed to demonstrate a likelihood of irreparable harm because he did not allege a restriction or ban on his visits that was likely to occur, and he did not sufficiently show irreparable harm to himself from the blocked cat passage.
- Barroca failed to demonstrate a likelihood of success on his retaliation claim because he offered only speculation that the person who contacted the property manager was affiliated with the District, while the District submitted contrary sworn evidence.
- Barroca was not entitled to a temporary restraining order or preliminary injunction.
Questions Presented
- Whether Barroca demonstrated a likelihood of irreparable harm sufficient to obtain a temporary restraining order or preliminary injunction.
- Whether Barroca demonstrated a likelihood of success on the merits of his retaliation claim against the Hayward Area Recreation and Parks District.
- Whether Barroca was entitled to a temporary restraining order or preliminary injunction.
Disposition
other
Cases Cited (1)
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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