Sabato v. BrooksAnnotate this Case
Pro se defendant Gerald Brooks appealed a restraining order entered against him, after a hearing, pursuant to the Domestic Violence Prevention Act (DVPA). Defendant argued to the Court of Appeal that the trial court lacked personal jurisdiction over him because, at the time of the commencement of this proceeding and at the time of the hearing, he lived out of state. Furthermore, defendant argued that the trial court erred in failing or declining to consider his opposition papers he sent to the court by fax on the morning of the hearing. After review, the Court of Appeal concluded that, because defendant failed to properly move to quash service, he waived his challenge to the trial court’s exercise of jurisdiction over him. In addition, the Court concluded that, assuming the trial judge ever saw defendant’s untimely opposition papers, it would have been proper to disregard them because defendant attempted to file them by fax in violation of the local rules of court.