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Cross-Examination by a Workplace Restraining Order Defendant
When an employer seeks a workplace restraining order, does the defendant have a right to cross-examine witnesses? Last month, the First District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video above and read my summary of the case below.
New Employment Decision
CSV Hospitality Management v. Lucas (2022) _ Cal.App.5th _ , 2022 WL 9744258: The Court of Appeal reversed the trial court’s order granting plaintiff’s request for a restraining order under the Workplace Violence Safety Act (Code of Civil Procedure, section 527.8). During the evidentiary hearing, the trial court denied defendant’s request to cross-examine plaintiff’s employee witnesses. Cross-examination of the party who has petitioned for a restraining order constitutes relevant evidence within the scope of the hearing. (Evidence Code section 773(a).) Code of Civil Procedure section 527.8(j) specifically states that the trial court “shall receive any testimony that is relevant” during the hearing on a petition. The trial court’s failure to allow defendant cross-examine witnesses was contrary to section 527.8(j), and denied defendant his right to due process. (C.A. 1st, filed September 20, 2022, published October 17, 2022.)
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Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
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Email: monty@montymcintyre.com