Johnson v. Bass CA5

Filed 4/15/16 Johnson v. Bass CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

DEZARAE LEANN JOHNSON, F071450 Plaintiff and Appellant, (Super. Ct. No. 15CECG00329) v.

NICOLE YVETTE BASS, OPINION Defendant and Respondent.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Lisa M. Gamoian, Judge. Dezarae Leann Johnson, in pro. per. for Plaintiff and Appellant. Nicole Yvette Bass, in pro. per. for Defendant and Respondent. -ooOoo- On plaintiff’s request for an order against defendant prohibiting civil harassment, the trial court entered a mutual order restraining both parties. Plaintiff challenges the portion of the order restraining her. Because defendant did not request such an order by filing a cross-petition, we reverse the portion of the order entered against plaintiff.

* Before Hill, P.J., Levy, J. and Gomes, J.

FACTUAL AND PROCEDURAL BACKGROUND Plaintiff, Dezarae Johnson, filed an application for a civil harassment restraining order against defendant, Nicole Bass. The trial court issued a temporary restraining order pending a hearing. At the hearing of the order to show cause why an order prohibiting harassment should not be granted, both parties testified. After the hearing, the trial court issued a mutual three-year order, enjoining each party from harassing or contacting the other; it ordered each to stay at least 100 yards away from the other person and the other person’s home, school, workplace, and vehicle. Plaintiff appeals, contending, among other things, that the trial court erred by entering mutual restraints when defendant did not formally petition for a civil harassment restraining order against her. DISCUSSION “A person who has suffered harassment as defined [by statute] may seek a temporary restraining order and an order after hearing prohibiting the harassment.” (Code Civ. Proc., § 527.6, subd. (a)(1).)1 “‘Harassment’ is [defined as] unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.” (§ 527.6, subd. (b)(3).) “At the hearing, the judge shall receive any testimony that is relevant, and may make an independent inquiry. If the judge finds by clear and convincing evidence that unlawful harassment exists, an order shall issue prohibiting the harassment.” (§ 527.6, subd. (i).) The order “may have a duration of not more than five years.” (§ 527.6, subd. (j)(1).)