Lopez v. Chicas CA1/3

Filed 5/11/23 Lopez v. Chicas CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

ANDREA VANESSA VILLALTA LOPEZ, Plaintiff and Respondent, A165476

v. (San Mateo County HENRY DAVID CHICAS, Case No. 22-CIV-02096) Defendant and Appellant.

Henry David Chicas appeals from the trial court order granting Andrea Vanessa Villalta Lopez a civil harassment restraining order against him pursuant to Code of Civil Procedure section 527.6.1 Because Chicas was not allowed to participate in the hearing on the restraining order despite being present at that hearing and ready to participate, we shall reverse. FACTUAL AND PROCEDURAL BACKGROUND On May 24, 2022, Lopez filed a form request for a civil harassment restraining order against Chicas, and the court issued a temporary restraining order set to expire at the time of the hearing. In her form request, she identified Chicas as a “friend” and noted they lived in the same community. On the form, Lopez indicated the harassment

1 All further statutory references are to the Code of Civil Procedure.

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occurred on March 22, 2022. In describing the harassment, she explained that she, Chicas, and other friends went to a concert on the night of December 11, 2021. She drank more than usual but felt safe because she was with friends. The last thing she remembered was walking on the street close to the entrance of the concert venue. When she woke the next day, she was lying down on Chicas’ bed. As she was getting up, Chicas came in and Lopez asked him what happened. In marginalia, she notes her explanation is continued on the next page, but no further explanation is included on the next page or anywhere else in the request or record. In response to the form’s question regarding whether she was harmed or injured due to the harassment, Lopez stated that she had a bruise on her left leg at “the time of sexual abuse on December 12, 2021.” Lopez also identified other times Chicas harassed her, asserting he drove by her house almost daily; threatened to show pictures of her naked; and offended her with bad words which made her feel denigrated. Lopez requested the court order Chicas to stop harassing and contacting her; to delete all pictures of her and information he had about her immediately; to stop discussing her personal life; and to stay as far away as possible from her and her home (while acknowledging Chicas lived about four blocks away from her). On June 14, 2022, at 9:30 a.m., Judge Susan Greenberg held a hearing on the petition. Lopez appeared in propria persona, assisted by an interpreter. Chicas was present in court and represented by counsel. Following appearances, the court stated: “[U]nfortunately, I was informed that at nine o’clock when this case was called in front of the presiding judge . . . the only party that was present was the petitioner, Ms. Villalta Lopez, and that you [counsel for Chicas] did not arrive until 9:32 this