Kaiser Foundation Hospitals v. Wilson

201 Cal. App. 4th 550, 133 Cal. Rptr. 3d 830, 2011 Cal. App. LEXIS 1511
CourtCalifornia Court of Appeal
DecidedDecember 5, 2011
DocketNos. D058491, D058492
StatusPublished
Cited by21 cases

This text of 201 Cal. App. 4th 550 (Kaiser Foundation Hospitals v. Wilson) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kaiser Foundation Hospitals v. Wilson, 201 Cal. App. 4th 550, 133 Cal. Rptr. 3d 830, 2011 Cal. App. LEXIS 1511 (Cal. Ct. App. 2011).

Opinion

Opinion

AARON, J.

I.

INTRODUCTION

Defendant Jeff Wilson appeals from orders of the trial court enjoining him from committing further acts of violence or making threats of violence against two employees of plaintiff, Kaiser Foundation Hospitals (Kaiser).

On appeal, Wilson contends that the trial court improperly considered hearsay evidence in deciding to issue a restraining order against him pursuant to Code of Civil Procedure1 section 527.8, a provision that permits employers to seek injunctions preventing workplace violence against their employees. Wilson contends that the hearsay evidence was inadmissible. He further argues that the only admissible nonhearsay evidence that Kaiser presented in support of its request for two workplace violence injunctions was insufficient to support the court’s determination that there existed a credible threat of violence, such that the injunctions should issue.

We conclude that the trial court did not err in considering hearsay evidence in determining that Wilson made a credible threat of violence and that great harm might result to an employee of Kaiser, such that it was proper to issue an injunction prohibiting Wilson from further unlawful violence or threats of violence. We therefore affirm the orders of the trial court.

[553]*553n.

FACTUAL AND PROCEDURAL BACKGROUND

Wilson is married to Diane Younge-Bames, a former employee of Kaiser. On April 7, 2010, Younge-B arnés’s employment with Kaiser was terminated.

On July 2, 2010, Kaiser filed two petitions seeking injunctions prohibiting Wilson from committing acts of violence or making threats of violence against two of its employees, Arlene Gibson and Marites Arendon, pursuant to section 527.8.2

Kaiser submitted Arendon’s declaration in support of its application for a temporary restraining order as to Arendon. In her declaration, Arendon recounted an incident that occurred on May 25, 2010, in which Younge-Bames and Wilson came to the Kaiser facility to visit Younge-Bames’s adult daughter, who had just given birth. After someone told Younge-Bames that she could not be in the nurse’s area, Wilson began yelling at another employee, Diane Doyle, telling her that he was “ ‘going to put [her] and Marites down.’ ” Arendon also stated that on May 28, 2010, Wilson and Younge-Bames again were present at the Kaiser facility, and that Younge-Bames again had to be told not to be in the nurse’s area. In response, Wilson said that he was “ ‘going to flip his lid’ ” and “ ‘do something that he would regret.’ ” Arendon further stated that on June 26, 2010, Wilson was detained by police after making threats that he was going to “ ‘kill someone.’ ” The following day, Younge-Bames told a therapist that Wilson had been making threats that he was going to shoot Gibson. Although Arendon asserted that she had “personal knowledge” of the facts to which she attested, it is not clear whether she witnessed any or all of these incidents, or, if not, how she obtained her knowledge of these incidents.

Kaiser submitted Gibson’s declaration in support of its application for a temporary restraining order as to Gibson. In that declaration, which was substantially similar to Arendon’s declaration, Gibson recounted an incident that occurred on May 25, 2010, in which Younge-Bames and Wilson came to the Kaiser facility to visit Younge-Bames’s adult daughter who had just given birth. After someone told Younge-Bames that she could not be in the nurse’s area, Wilson began yelling at another employee, Diane Doyle, telling her that he was “ ‘going to put [her] and Marites down.’ ” Gibson also stated that on May 28, 2010, Wilson and Younge-Bames again were at the Kaiser facility, and that Younge-Bames again had to be told not to be in the nurse’s area. In response, Wilson said that he was “ ‘going to flip his lid’ ” and “ ‘do [554]*554something that he would regret.’ ” Gibson also recounted that on June 26, 2010, Wilson was detained by police after making threats that he was going to “ ‘kill someone,’ ” and that the next day, Younge-Bames told a therapist that Wilson had been making threats that he was going to shoot Gibson. Although Gibson, like Arendon, asserted that she had “personal knowledge” of the facts to which she was attesting, it is not clear whether she was present at any or all of these incidents, or, if not, how she obtained her knowledge of these incidents.

At the hearing for the permanent injunction pursuant to section 527.8, subdivision (f), Arendon testified that on April 7, 2010, the day Younge-Bames’s employment with Kaiser was terminated, Arendon, who was the manager on duty at the time, received a telephone call from Wilson. Arendon testified that Wilson was irate, and that he said to Arendon, “ ‘If something happened to my wife who just stepped out of the hospital right now, you are going to pay for this.’ ” Arendon attempted to get more information from Wilson, but he was “very, very upset.” Arendon stated that Wilson’s telephone call “alarmed” her.

Arendon also testified that on another occasion, Wilson accompanied Younge-Bames to the hospital to visit Younge-Bames’s adult daughter, who had just given birth. While Arendon was testifying, Wilson’s attorney requested that the court question Arendon as to whether she had personal knowledge of this incident, or rather, had simply heard about it from someone else. The court declined to do so, and instead asked Arendon what she saw Wilson do. Arendon stated that she did not see Wilson “do it,” but that she had been told “by the manager who stopped them not to do anything at the nurse’s station.” Arendon then continued, “He was going to put Diane Doyle, the manager at the time, and me, Marites, down like he was going to kill us. So when I hear things like that—it doesn’t happen all the time at the hospital, in a workplace, in our workplace. It alarms me up to now. I’m still very scared.”

The court then heard testimony from Arlene Gibson, who told the court, “I received a phone call from the police department. And this was after [Wilson’s] wife, Diane, was placed at Sharp Mesa Vista, and the officer told me, asked me have you—.” At this point, Wilson’s attorney objected that Gibson’s anticipated testimony was hearsay. The court said, “I’ll overrule it for now. Let me hear the version, and I’ll have to give it the weight it deserves, which is not going to be a lot.”

Gibson continued, stating that the police officer told her that Younge-Bames had reported that her husband was going to shoot Gibson. The court clarified with Gibson, “But he hasn’t said anything to you directly or done [555]*555anything to you directly?” Gibson responded, “No,” and explained that when she tried to call the officer back, she was informed that the police do not file a report for a “terrorist threat,” but that they are obligated to inform a potential victim.

The trial court then asked counsel for Kaiser, “Do we have any direct evidence of this, counsel?” The attorney pointed to Arendon’s testimony concerning Wilson’s threatening telephone call to her on April 7, 2010.

After Kaiser presented this evidence, Wilson testified. He admitted that he had called the Kaiser hospital on April 7, 2010, but denied that he had made any threatening remarks during that call.

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Cite This Page — Counsel Stack

Bluebook (online)
201 Cal. App. 4th 550, 133 Cal. Rptr. 3d 830, 2011 Cal. App. LEXIS 1511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaiser-foundation-hospitals-v-wilson-calctapp-2011.