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Modification: North Coast Village Condominium Assn. v. Phillips

Ruling by

Jose S. Castillo

Lower Court

San Diego County Superior Court

Lower Court Judge

David G. Brown
Because opposing party was inadequately notified, trial court abused discretion in granting civil harassment restraining order when complaint sought workplace violence restraining order.



Court

California Courts of Appeal 4DCA/1

Cite as

2023 DJDAR 9548

Published

Sep. 15, 2023

Filing Date

Sep. 13, 2023

Opinion Type

Modification

Disposition Type

Reversed and Remanded

Case Fully Briefed

Mar. 6, 2023


 

 

NORTH COAST VILLAGE CONDOMINIUM ASSOCIATION,

Plaintiff and Appellant,

v.

NANCY PHILLIPS,

Defendant and Appellant.

 

No. D079455

(Super. Ct. No. 37-2021-00005317-CU-PT-NC)

California Court of Appeal

Fourth Appellate District

Division One

Filed September 13, 2023

 

ORDER MODIFYING OPINION AND DENYING REHEARING

 

NO CHANGE IN JUDGMENT

 

THE COURT:

It is ordered that the opinion filed on August 23, 2023, be modified as follows:

 

1. On page 2, in the last sentence of the last paragraph, the phrase "further proceedings" is deleted and the phrase "a full rehearing on the Association's petition for a workplace violence restraining order" is inserted in its place.

 

2. On page 34, in the first sentence of the last paragraph, the phrase "for a full rehearing on the petition" is inserted at the end of the sentence so that the sentence reads:

 

For the foregoing reasons, we reverse the order denying the Association's workplace violence restraining order petition and remand to the trial court for a full rehearing on the petition.

 

3. On page 35, in the first sentence of the Disposition, the phrase "to the trial court with directions to conduct a new hearing on the Association's petition for a workplace violence restraining order" is inserted at the end of the sentence so that the full Disposition reads:

 

The judgment is reversed and remanded to the trial court with directions to conduct a new hearing on the Association's petition for a workplace violence restraining order. The parties shall each bear their own costs on appeal.

 

There is no change in judgment.

The petition for rehearing is denied.

 

BUCHANAN, Acting P. J.

 

#281659

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