Kaiser Foundation Hospitals v. Wilson
201 Cal. App. 4th 550
Cal. Ct. App.2011Background
- Kaiser filed two section 527.8 petitions to enjoin Jeff Wilson from violence or threats against Kaiser employees Gibson and Arendon.
- April 7, 2010 Kaiser employee Younge-Bames was terminated; Wilson is her spouse.
- May 25 and May 28, 2010, Wilson and Younge-Bames visited the Kaiser facility; incidents involved threats toward staff.
- June 26, 2010, Wilson was detained after threats to kill; therapist later related threats to shoot Gibson.
- Kaiser submitted Arendon’s and Gibson’s declarations recounting the incidents, some of which were hearsay; court noted hearsay potential weight but admissible.
- The trial court held a hearing under §527.8(f), received testimony including hearsay, found a credible threat, and issued a three-year injunction prohibiting contact and imposing distance restrictions.
- Wilson timely appealed, challenging the admissibility of hearsay evidence and sufficiency of nonhearsay evidence to prove a credible threat.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether hearsay evidence was permissible at a §527.8(f) hearing. | Kaiser contends the court must receive all relevant testimony, including hearsay. | Wilson contends hearsay is inadmissible and should not be weighed. | Hearsay was permissible; court could consider relevant testimony, including hearsay. |
| Whether the nonhearsay evidence was sufficient to prove a credible threat. | Kaiser argues evidence, including direct threats, supports credibility. | Wilson argues nonhearsay evidence alone was insufficient. | Yes; court properly found a credible threat based on the record. |
Key Cases Cited
- Robinzine v. Vicory, 143 Cal.App.4th 1416 (Cal. Ct. App. 2006) (section 527.8 like §527.6 expedited, injunctive relief; live testimony may be limited to conserve expeditious process)
- Thomas v. Quintero, 126 Cal.App.4th 635 (Cal. Ct. App. 2005) (expedited injunction context; applicability to workplace protection proceedings)
- Schraer v. Berkeley Property Owners’ Assn., 207 Cal.App.3d 719 (Cal. Ct. App. 1989) (live testimony may be limited to conserve expeditious nature of § 527.6 proceedings)