Hall

Hall v. Lund CA2/1

Good Law
Court of Appeal of CaliforniaMarch 30, 2015B256754California486 words

Opinion

Opinion

DISCUSSION

A person who has suffered harassment may file a petition for an injunction prohibiting harassment. (§ 527.6, subd. (a)(1).) The respondent, the person against whom the injunction is sought, may file a response to the harassment allegations or may file a cross-petition for injunctive relief. (§ 527.6, subd. (h).) “If the [trial court] finds [after a hearing] by clear and convincing evidence that unlawful harassment exists, an injunction shall issue prohibiting the harassment.” (§ 527.6, subd. (i).) For the trial court to grant mutual injunctions prohibiting harassment under section 527.6, the respondent must have filed a cross-petition to provide the petitioner due process. (Nora v. Kaddo (2004) 116 Cal.App.4th 1026, 1029-1030 (Nora); Kobey v. Morton (1991) 228 Cal.App.3d 1055, 1060 (Kobey).) “[S]ection 527.6 calls for the formality of a cross-[petition] before the court imposes on the [petitioner] ‘what approximates a permanent injunction.’ The court’s inherent power does not extend so far

1 Statutory references are to the Code of Civil Procedure. 2 Lund did not appeal.

2 as to encompass an order without a petition to serve as a vehicle for that order. [Citation.]”…

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