Sunline Transit Agency v. Raeck CA4/2

FACTS

Raeck is a former employee of SunLine. Anthony Garcia (Garcia) is another

former SunLine employee against whom SunLine sought a restraining order. SunLine’s

petitions against Raeck and Garcia were heard at the same time in the trial court.

Raeck and Garcia posted videos on social media with fake images of violence

against current and former SunLine employees. One video showed SunLine employees

“being punched in the face by the [‘B]reaking [B]ad[’] character Walter White.” Raeck

and Garcia also posted a video of a SunLine employee being followed on his/her

commute home.

At the start of the evidentiary hearing, the trial court announced that SunLine

would present its evidence, and after SunLine “presented [its] side of the case,” then

Raeck could “address the Court.” As SunLine finished its direct examinations of its

first, second, and fourth witnesses, each time the trial court said, “Next witness, please.”

The trial court never invited Raeck to cross-examine SunLine’s witnesses. When

2 SunLine rested, Garcia asked, “Your Honor, are we allowed to cross-examine?” The

trial court responded, “You’ll address the Court.” Garcia and Raeck presented

argument and…