Nora

Fadi Nora (Nora) petitioned the trial court for a restraining order under Code of Civil Procedure section 527.6; defendant James Kaddo (Kaddo) opposed the petition without filing a cross-complaint. At the close of proceedings, Kaddo requested affirmative relief in the form of mutual restraining orders. The trial court, having refused to hear witnesses tendered by each party, entered mutual restraining orders. We reverse, and remand for an evidentiary hearing on Nora’s petition.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Nora sought a temporary restraining order and injunction under Code of Civil Procedure section 527.6 against Kaddo, alleging threats and harassment. Because Kaddo sits as a judge of the Los Angeles Superior Court, the matter was transferred to Orange County Superior Court for hearing. Nora brought the matter on for hearing on his request for injunction on January 21, 2003.

At the hearing, Nora sought to present witnesses, in addition to the written declarations that had accompanied his original petition. The trial court refused to hear those witnesses, and also refused a request by Kaddo to present witnesses; the court also failed to rule on Kaddo’s…