Lopez
Lopez v. Elias CA4/3
Opinion
Opinion
Goethals, J.
FACTS
Lopez filed an ex parte application for a TRO. The application named Perla Elias and “call center employees” as targets of the TRO. Lopez requested that the TRO protect him and four family members who do not live with him. He asserted the TRO was necessary because of a conspiracy “to create alienation subjecting the [sic] to sex traffic, drug traffic, prostitution.” Lopez alleged Elias and the “call center employees” obstructed case filings, rejected numerous proofs of service and other documents, provoked him, exposed him to organized crime, delayed several filings, and deprived him of his constitutional rights. Lopez did not support these contentions with documentary evidence or further declarations. The trial court assigned the application to a commissioner who denied it without prejudice and set the matter for an evidentiary hearing. Lopez filed a notice of appeal challenging denial of the TRO. At the evidentiary hearing, Lopez refused to
2 stipulate to a commissioner to act as a temporary judge for all purposes. The case was then reassigned to a judge; the judge stayed the matter pending resolution of this appeal.
DISCUSSION
1. Authority of Commissioners A. …