New Employment Case

To do the best job possible as a mediator, arbitrator and referee, I review and summarize every new published California civil case. In this blog post, I discuss a new civil case that was published last month. 

Cross-Examination by a Workplace Violence Restraining Order Defendant

When an employer seeks a workplace restraining order, does the defendant have a right to cross-examine witnesses? Last month, the First District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video above and read my summary of the case below. 

New CA Employment Decision  

CSV Hospitality Management v. Lucas (2022) _ Cal.App.5th _ , 2022 WL 9744258: The Court of Appeal reversed the trial court’s order granting plaintiff’s request for a restraining order under the Workplace Violence Safety Act (Code of Civil Procedure, section 527.8). During the evidentiary hearing, the trial court denied defendant’s request to cross-examine plaintiff’s employee witnesses. Cross-examination of the party who has petitioned for a restraining order constitutes relevant evidence within the scope of the hearing. (Evidence Code section 773(a).) Code of Civil Procedure section 527.8(j) specifically states that the trial court “shall receive any testimony that is relevant” during the hearing on a petition. The trial court’s failure to allow defendant cross-examine witnesses was contrary to section 527.8(j), and denied defendant his right to due process. (C.A. 1st, filed September 20, 2022, published October 17, 2022.) 

Mediation, Arbitration and Referee Services

I help attorneys and their clients throughout California serving as a mediator, arbitrator and referee at ADR Services, Inc., handling business, commercial, employment, insurance bad faith, insurance coverage, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death cases. I'm an expert in new California civil case law and using Zoom. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. To schedule a new matter, please contact my case manager at ADR services, Ins., Haward Cho, [email protected], (213) 683-1600.  

California Case Summaries™

Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
California Case Summaries™
Master Lawyer Mentoring™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]