North Coast Village Condominium Assn. v. Phillips
Annotate this CaseNorth Coast Village Condominium Association (the Association) filed a workplace violence restraining order in support of its board president, Neil Anderson, and 46 other employees and board members seeking to restrain resident, defendant-appellant Nancy Phillips. At the conclusion of a three-day hearing, the trial court denied the Association’s request. It then sua sponte and absent a request to amend the pleadings by either party, awarded Anderson a civil harassment restraining order pursuant to Code of Civil Procedure section 527.6 against Phillips “in the interest of judicial efficiency and conforming pleadings to proof.” In so doing, it impliedly amended the pleadings to add Anderson as a party. Phillips appealed, requesting that the Court of Appeal reverse the order granting the civil harassment restraining order and enter judgment dismissing all restraining orders with prejudice. The Association filed a cross-appeal seeking reversal of the order denying the workplace violence restraining order. It also requested that the Court reverse and remand with instructions to enter a restraining order that included stay-away orders. The Court concluded the trial court abused its discretion by sua sponte amending the cause of action and petitioning party without adequate notice. Regarding the cross-appeal, the Court further concluded the trial court erred in interpreting and applying section 527.8. The order was reversed and the case remanded for further proceedings.
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