Thompson v. Bacchus CA2/1

Filed 2/27/13 Thompson v. Bacchus CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

MISTY THOMPSON, No. B234047

Plaintiff and Respondent, (Super. Ct. No. SS020350)

v.

HAROUN BACCHUS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. David J. Cowan, Temporary Judge. Reversed. Haroun Bacchus, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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In this case, longtime co-tenants in a rent-controlled apartment engaged in repeated domestic disputes that resulted in several court actions, visits by police, and, ultimately, imposition of a one-year restraining order. One of the tenants appeals from an ex parte order modifying the restraining order, contending his due process rights were violated by abuse of the ex parte procedure. We agree, and therefore reverse. BACKGROUND On February 2, 2011, appellant Haroun Bacchus, respondent Misty Thompson, and respondent’s relatives, including her husband, Alexander Yerkes, appeared before Judge Joseph Biderman at a hearing to determine whether Thompson’s request for a restraining order against Bacchus should be granted. We take the facts from representations made by the parties at that hearing and from court filings. Bacchus leased and resided in a two-bedroom apartment in the City of Santa Monica beginning in 1993. In 2004, Bacchus accepted Thompson as an equal co-tenant, and she became a signatory on the lease. Tension between Bacchus and Thompson arose early in their co-tenancy and escalated after 2009, when Yerkes moved into the apartment. On January 13, 2011, Thompson obtained a temporary restraining order against Bacchus and petitioned the trial court for an injunction to prevent harassment. At the February 2, 2011 hearing, Thompson represented that Bacchus was verbally abusive, physically menaced and harassed her, habitually blocked doorways and elbowed her in the kitchen, moved her property without permission, and once pounded on her bedroom door at 3:00 a.m. Bacchus admitted he became upset with Thompson and Yerkes at times but denied harassing them. He represented that Thompson and Yerkes were intrusive, moved his property without permission, blocked his bedroom doorway, and encroached on his portions of the common area and kitchen.