201 Cal. App. 4th 1057
Cal. Ct. App.2011Background
- M.B. detained, declared dependent, and placed in foster care by the Department.
- Mother repeatedly yelled and cursed at Department employees, including social workers, security guards, and receptionists.
- She harassed the Department by tying up phone lines and making threatening statements.
- She pleaded guilty to one count of making a criminal threat after threats were made against a social worker.
- Therapist reported a threat to shoot a social worker, prompting the Department to seek an injunction prohibiting contact with its employees (except through counsel).
- The juvenile court granted a three-year injunction with limited contact provisions, prompting this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to issue the injunction | Mother argues lack of statutory authority | Department contends statutory or inherent authority supports injunction | Inherent authority supported; CCP 527.8 also applicable; injunction affirmed on authority grounds |
| Sufficiency of evidence including hearsay | Hearsay evidence was improper and insufficient | Hearsay admissible under Malinda S. and related authorities and combined with nonhearsay to show danger | Hearsay admissible under Malinda S.; combined with nonhearsay supports injunction |
| Effect on constitutional rights | Rights to due process and free speech were violated | No ruling on constitutional claims requested due to forfeiture | Constitutional claims forfeited; no opinion on merits of those claims in published portion |
| Timeliness and relevance of prior evidence | Older reports enough to show pattern of conduct | Only recent threats show imminent danger | Even without older reports, recent threats and pattern established imminent risk justifying injunction |
Key Cases Cited
- In re Malinda S., 51 Cal.3d 368 (Cal. 1990) (hearsay in social worker's report admissible in dependency proceedings; section 281 scope broad)
- In re Corey A., 227 Cal.App.3d 339 (Cal. App. 1991) (extends Malinda S. to dispositional hearings; allows broader admissibility of hearsay)
- In re Stacy T., 52 Cal.App.4th 1415 (Cal. App. 1997) (adopts Malinda S. reasoning to support evidence in hearings beyond jurisdictional)
- City of San Jose v. Garbett, 190 Cal.App.4th 526 (Cal. App. 2010) (illustrates scope of 527.8 injunctions and stay/no-contact provisions)
- In re Ashley M., 114 Cal.App.4th 1 (Cal. App. 2003) (discusses juvenile court authority and the role of the court in dependency cases)
- Hernandez v. Vitamin Shoppe Industries Inc., 174 Cal.App.4th 1441 (Cal. App. 2009) (recognizes inherent supervisory powers to prevent abuses in litigation)