Ross v. Figueroa

139 Cal. App. 4th 856, 43 Cal. Rptr. 3d 289 (2006)

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Ross v. Figueroa

California Court of Appeal
139 Cal. App. 4th 856, 43 Cal. Rptr. 3d 289 (2006)

JL

Facts

Tameka Ross (plaintiff) was in a relationship with Oscar Figueroa (defendant) and lived with him for a significant period of time. Ross petitioned the trial court for an ex parte temporary restraining order (TRO) against Figueroa. The trial court granted the TRO and issued an order on a standard court form. Ross served the order granting the TRO and setting the date of the hearing on whether to make the restraining order permanent. A section of the order advised Figueroa that if he wanted to respond in writing to the order, he had to have the response served on Ross prior to the hearing. Figueroa did not serve a written response prior to the hearing, and both Ross and Figueroa appeared for the hearing pro per, which means without attorneys. At the beginning of the hearing, Figueroa requested a continuance, which the trial court denied. The trial court also denied Figueroa’s request to submit evidence. The trial court granted the permanent restraining order for the maximum period of three years. Figueroa appealed.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

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