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California Civil Procedure, Keyed to Levine, 6th Ed.
Ross v. Figueroa
Citation:
139 Cal. App. 4th 856, 43 Cal. Rptr. 3d 289 (2006)Facts
Tameka Ross and Oscar Figueroa were in a live-in relationship for a considerable period before Ross sought to terminate it. On January 13, 2005, Ross filed a request for an ex parte temporary restraining order against Figueroa, and Commissioner Pacheco granted the TRO without prior notice to Figueroa, scheduling a hearing for February 3, 2005, to consider making the order permanent. Ross served Figueroa with the TRO and notice on January 14, 2005, twenty days before the hearing. At the February 3 hearing, both parties appeared pro se before Temporary Referee Susan Baumberger. Figueroa requested a continuance, stating he had not had time to obtain counsel and had not been able to serve his written response on Ross because he believed the TRO prohibited any written communication with her. The referee initially appeared inclined to grant the continuance but ultimately denied it after Ross and her mother objected to having to take additional time off work. The referee then granted a permanent three-year restraining order based solely on Ross’s written submission, without taking oral testimony from either party or allowing Figueroa to present any evidence in his defense.
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