ROSS, v. FIGUEROA
Filed 5/19/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
TAMEKA ROSS, Plaintiff and Respondent, v. OSCAR FIGUEROA, Defendant and Appellant. | B182738 (Los Angeles County Super. Ct. No. TQ004348) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Susan Baumberger, Judge Pro Tempore, and Randall F. Pacheco, Commissioner. Reversed and remanded.
No appearance for Plaintiff and Respondent.
John B. Chason for Defendant and Appellant.
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This is a domestic violence case in which a woman sought a permanent restraining order against her former boyfriend. As is common in such proceedings, both sides appeared pro per. For that reason we were not surprised the hearing proceeded rather informally. But what we found in this instance was a hearing short on due process, especially for the party facing the prospect of a three-year restraining order, including denial of a continuance to which that party was entitled as a matter of law. We feel it necessary to reverse and remand for a proper hearing where appellant is given the opportunity to challenge respondent's evidence and also to present affirmative evidence in his defense and where respondent likewise has the same meaningful opportunity to be heard.
FACTS AND PROCEEDINGS BELOW
Respondent Tameka Ross and appellant Oscar Figueroa were in a live-in relationship for a considerable period before Ross sought to terminate the relationship. On January 13, 2005, she filed a form requesting an ex parte temporary restraining order against Figueroa and setting a February 3, 2005 hearing date for the court's consideration of whether to make the order permanent. Commissioner Pacheco granted the temporary order ex parte without prior notice to Figueroa. This order included a section labeled â€
