Filed 10/9/24 Sunline Transit Agency v. Garcia CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
SUNLINE TRANSIT AGENCY,
Plaintiff and Respondent, E081747
v. (Super.Ct.No. CVPS2301602)
ANTHONY GARCIA, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Arthur C. Hester,
Temporary Judge. (Pursuant to Cal. Const., art VI, §21.) Reversed with directions.
Anthony Garcia, in pro. per., for Defendant and Appellant.
Palmer Kazanjian Wohl Hodson, Christopher F. Wohl, Hallie R. Spaulding;
Atkinson, Andelson, Loya, Ruud & Romo, and H. Mae G. Alberto for Plaintiff and
Respondent.
1 Plaintiff and respondent SunLine Transit Agency (SunLine) petitioned for a
workplace violence restraining order protecting Gloria Salazar (Salazar) from defendant
and appellant Anthony Garcia (Garcia). (Code Civ. Proc., § 527.8.) Following an
evidentiary hearing, the trial court granted the restraining order through June 7, 2026.1
Garcia raises three issues on appeal. First, Garcia contends the trial court erred by not
permitting him to cross-examine SunLine’s witnesses. Second, Garcia asserts
SunLine’s former general manager should have testified at the hearing. Third, Garcia
contends the trial court erred by admitting hearsay. We reverse with directions.
FACTS
Salazar is an employee of SunLine. Garcia is a former SunLine employee.
Garcia posted videos on social media with fake images of violence against current and
former SunLine employees. One video showed SunLine employees “being punched in
the face by the [‘B]reaking [B]ad[’] character Walter White.” Garcia also posted a
video of a SunLine employee being followed on his/her commute home.
1 The record does not include a reporter’s transcript from the evidentiary hearing. Therefore, on our own motion, we augment the record with the reporter’s transcript of the evidentiary hearing in the related case of SunLine Transit Agency v. Raeck, Court of Appeal case No. E081735, which was heard in the trial court at the same time as the instant case. (Cal. Rules of Court, rule 8.155(a)(1)(B).)
2 At the start of the evidentiary hearing, the trial court announced that SunLine
would present its evidence, and after SunLine “presented [its] side of the case,” then
Garcia could “address the Court.” As SunLine finished its direct examinations of its
first, second, and fourth witnesses, each time the trial court said, “Next witness, please.”
The trial court never invited Garcia to cross-examine SunLine’s witnesses. When
SunLine rested, Garcia asked, “Your Honor, are we allowed to cross-examine?” The
trial court responded, “You’ll address the Court.” Garcia presented argument and
documents to the court; he did not call witnesses.
DISCUSSION
A. CROSS-EXAMINATION
Garcia contends the trial court erred by not permitting him to cross-examine
SunLine’s witnesses.
“Courts have long recognized the importance of cross-examination and its crucial
relationship to the ability to defend against accusations, deeming it a due process right
that is fundamental to a fair proceeding. [Citations.] ‘Because it relates to the
fundamental fairness of the proceedings, cross-examination is said to represent an
“absolute right” not merely a privilege.’ [Citations.] Where, as here, a petitioner
seeking a workplace violence restraining order has offered testimony as to threats of
violence, the respondent has a due process right to cross-examine the witness with
respect to those allegations.” (CSV Hospitality Management LLC v. Lucas (2022) 84
Cal.App.5th 117, 125 (CSV).)
3 Garcia asked if he could cross-examine SunLine’s witnesses, and the trial court
denied him the opportunity to cross-examine witnesses. The trial court erred.
SunLine contends Garcia forfeited the cross-examination issue due to a lack of
record citations, relevant legal authority, and legal analysis in his appellant’s opening
brief. Garcia cited to the reporter’s transcript index, which lists only the direct
examination of witnesses—no cross-examination is listed. Garcia cited to
Manufactured Home Communities, Inc. v. County of San Luis Obispo (2008) 167
Cal.App.4th 705, 711, which provides, “In ‘almost every setting where important
decisions turn on questions of fact, due process requires an opportunity to confront and
cross-examine adverse witnesses.’ ” Lastly, Garcia contended, “[T]he lower court’s
egregious refusal to permit me to cross-examine the petitioner during the evidentiary
hearing egregiously violated [due process]. By constraining my ability to challenge the
petitioner’s assertions and scrutinize the veracity of their [witnesses’] testimony, the
court effectively deprived me of a critical mechanism for defending myself against
baseless accusations . . . .” In sum, Garcia provided the basic information needed for an
appellate argument. Therefore, we reject SunLine’s assertion that Garcia forfeited the
contention.
“ ‘Not every instance in which a cross-examiner’s question is disallowed will
[the] defendant’s right to a fair hearing be abridged, since the matter may be too
unimportant [citations], or there may be no prejudice [citation], or the question may
involve issues which can be brought up at a more appropriate time [citation]. However,
where the subject of cross-examination concerns the matter at issue there can be no
4 doubt that the refusal to permit such question[ing] results in a denial of a fair hearing.’ ”
(McCarthy v. Mobile Cranes, Inc. (1962) 199 Cal.App.2d 500, 507.)
When arguing in the trial court, Garcia asserted that SunLine sought the
restraining order as “a form of retaliation” for past workplace disagreements, such as
Garcia advocating for better working conditions. Raeck joined in Garcia’s arguments.
If cross-examination had been permitted, Garcia and/or Raeck could have asked
SunLine’s witnesses if they had motives to lie when testifying, e.g., retaliatory motives.
Thus, cross-examination would have concerned the matter at issue. As a result, the
error requires reversal. (CSV, supra, 84 Cal.App.5th 125 [“Because we cannot know
what [the witnesses] would have said on cross-examination, or the effect such testimony
might have had on the trial court’s decision, [so] the error requires reversal.”].)
SunLine contends the error was harmless because Garcia “was provided ample
opportunity to be heard by the court and present contradictory evidence at the hearing.”
Contrary to SunLine’s position, opportunities to provide direct evidence and argument
are not substitutes for cross-examination. Indeed, “[t]he importance of cross-
examination cannot be doubted: ‘Cross-examination is the principal means by which
the believability of a witness and the truth of his testimony are tested.’ ” (In re Brenda
M. (2008) 160 Cal.App.4th 772, 777.) For example, “ ‘the cross-examiner has
traditionally been allowed to impeach, i.e., discredit, the witness.’ ” (Ibid.) We have no
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Filed 10/9/24 Sunline Transit Agency v. Garcia CA4/2
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
FOURTH APPELLATE DISTRICT
DIVISION TWO
SUNLINE TRANSIT AGENCY,
Plaintiff and Respondent, E081747
v. (Super.Ct.No. CVPS2301602)
ANTHONY GARCIA, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Arthur C. Hester,
Temporary Judge. (Pursuant to Cal. Const., art VI, §21.) Reversed with directions.
Anthony Garcia, in pro. per., for Defendant and Appellant.
Palmer Kazanjian Wohl Hodson, Christopher F. Wohl, Hallie R. Spaulding;
Atkinson, Andelson, Loya, Ruud & Romo, and H. Mae G. Alberto for Plaintiff and
Respondent.
1 Plaintiff and respondent SunLine Transit Agency (SunLine) petitioned for a
workplace violence restraining order protecting Gloria Salazar (Salazar) from defendant
and appellant Anthony Garcia (Garcia). (Code Civ. Proc., § 527.8.) Following an
evidentiary hearing, the trial court granted the restraining order through June 7, 2026.1
Garcia raises three issues on appeal. First, Garcia contends the trial court erred by not
permitting him to cross-examine SunLine’s witnesses. Second, Garcia asserts
SunLine’s former general manager should have testified at the hearing. Third, Garcia
contends the trial court erred by admitting hearsay. We reverse with directions.
FACTS
Salazar is an employee of SunLine. Garcia is a former SunLine employee.
Garcia posted videos on social media with fake images of violence against current and
former SunLine employees. One video showed SunLine employees “being punched in
the face by the [‘B]reaking [B]ad[’] character Walter White.” Garcia also posted a
video of a SunLine employee being followed on his/her commute home.
1 The record does not include a reporter’s transcript from the evidentiary hearing. Therefore, on our own motion, we augment the record with the reporter’s transcript of the evidentiary hearing in the related case of SunLine Transit Agency v. Raeck, Court of Appeal case No. E081735, which was heard in the trial court at the same time as the instant case. (Cal. Rules of Court, rule 8.155(a)(1)(B).)
2 At the start of the evidentiary hearing, the trial court announced that SunLine
would present its evidence, and after SunLine “presented [its] side of the case,” then
Garcia could “address the Court.” As SunLine finished its direct examinations of its
first, second, and fourth witnesses, each time the trial court said, “Next witness, please.”
The trial court never invited Garcia to cross-examine SunLine’s witnesses. When
SunLine rested, Garcia asked, “Your Honor, are we allowed to cross-examine?” The
trial court responded, “You’ll address the Court.” Garcia presented argument and
documents to the court; he did not call witnesses.
DISCUSSION
A. CROSS-EXAMINATION
Garcia contends the trial court erred by not permitting him to cross-examine
SunLine’s witnesses.
“Courts have long recognized the importance of cross-examination and its crucial
relationship to the ability to defend against accusations, deeming it a due process right
that is fundamental to a fair proceeding. [Citations.] ‘Because it relates to the
fundamental fairness of the proceedings, cross-examination is said to represent an
“absolute right” not merely a privilege.’ [Citations.] Where, as here, a petitioner
seeking a workplace violence restraining order has offered testimony as to threats of
violence, the respondent has a due process right to cross-examine the witness with
respect to those allegations.” (CSV Hospitality Management LLC v. Lucas (2022) 84
Cal.App.5th 117, 125 (CSV).)
3 Garcia asked if he could cross-examine SunLine’s witnesses, and the trial court
denied him the opportunity to cross-examine witnesses. The trial court erred.
SunLine contends Garcia forfeited the cross-examination issue due to a lack of
record citations, relevant legal authority, and legal analysis in his appellant’s opening
brief. Garcia cited to the reporter’s transcript index, which lists only the direct
examination of witnesses—no cross-examination is listed. Garcia cited to
Manufactured Home Communities, Inc. v. County of San Luis Obispo (2008) 167
Cal.App.4th 705, 711, which provides, “In ‘almost every setting where important
decisions turn on questions of fact, due process requires an opportunity to confront and
cross-examine adverse witnesses.’ ” Lastly, Garcia contended, “[T]he lower court’s
egregious refusal to permit me to cross-examine the petitioner during the evidentiary
hearing egregiously violated [due process]. By constraining my ability to challenge the
petitioner’s assertions and scrutinize the veracity of their [witnesses’] testimony, the
court effectively deprived me of a critical mechanism for defending myself against
baseless accusations . . . .” In sum, Garcia provided the basic information needed for an
appellate argument. Therefore, we reject SunLine’s assertion that Garcia forfeited the
contention.
“ ‘Not every instance in which a cross-examiner’s question is disallowed will
[the] defendant’s right to a fair hearing be abridged, since the matter may be too
unimportant [citations], or there may be no prejudice [citation], or the question may
involve issues which can be brought up at a more appropriate time [citation]. However,
where the subject of cross-examination concerns the matter at issue there can be no
4 doubt that the refusal to permit such question[ing] results in a denial of a fair hearing.’ ”
(McCarthy v. Mobile Cranes, Inc. (1962) 199 Cal.App.2d 500, 507.)
When arguing in the trial court, Garcia asserted that SunLine sought the
restraining order as “a form of retaliation” for past workplace disagreements, such as
Garcia advocating for better working conditions. Raeck joined in Garcia’s arguments.
If cross-examination had been permitted, Garcia and/or Raeck could have asked
SunLine’s witnesses if they had motives to lie when testifying, e.g., retaliatory motives.
Thus, cross-examination would have concerned the matter at issue. As a result, the
error requires reversal. (CSV, supra, 84 Cal.App.5th 125 [“Because we cannot know
what [the witnesses] would have said on cross-examination, or the effect such testimony
might have had on the trial court’s decision, [so] the error requires reversal.”].)
SunLine contends the error was harmless because Garcia “was provided ample
opportunity to be heard by the court and present contradictory evidence at the hearing.”
Contrary to SunLine’s position, opportunities to provide direct evidence and argument
are not substitutes for cross-examination. Indeed, “[t]he importance of cross-
examination cannot be doubted: ‘Cross-examination is the principal means by which
the believability of a witness and the truth of his testimony are tested.’ ” (In re Brenda
M. (2008) 160 Cal.App.4th 772, 777.) For example, “ ‘the cross-examiner has
traditionally been allowed to impeach, i.e., discredit, the witness.’ ” (Ibid.) We have no
means of knowing what relevant information, if any, Garcia would have produced if
given the opportunity to cross-examine witnesses. Therefore, the error is prejudicial.
5 B. REMAINING ISSUES
Because we are reversing and ordering a new hearing, Garcia’s remaining
contentions have been rendered moot. (Schoshinski v. City of Los Angeles (2017) 9
Cal.App.5th 780, 791 [issue is moot when no further relief can be provided].)
Therefore, we will not address the merits of whether the trial court erred by admitting
hearsay and proceeding without the former general manager’s testimony.
DISPOSITION
The restraining order is reversed. The trial court is directed to hold a new
evidentiary hearing within 30 days of the issuance of the remittitur. (Hall v. Superior
Court (1955) 45 Cal.2d 377, 381 [“ ‘[A]n unqualified reversal remands the cause for a
new trial . . . and places the parties in the trial court in the same position as if the cause
had never been tried, with the exception that the opinion of the court on appeal must be
followed so far as applicable.’ ”]; Heinfelt v. Arth (1935) 4 Cal.App.2d 381, 383 [same
rule].) The trial court shall notify the parties of the scheduled hearing. The restraining
order shall remain effective until the conclusion of the new hearing or 30 days after
issuance of the remittitur if no hearing takes place.2 If a hearing occurs, and the trial
court again grants the restraining order, it may issue a permanent restraining order
through June 7, 2026, or for a lesser period. (In re Marriage of D.S. and A.S. (2023) 87
Cal.App.5th 926, 937-938.) If the trial court denies the petition for a restraining order,
2 The trial court previously denied SunLine’s request for a temporary restraining order, so we cannot order that the temporary restraining order be reinstated pending a new hearing.
6 or if no hearing takes place, then the trial court shall issue an order terminating the
three-year restraining order. Garcia is awarded his costs on appeal. (Cal. Rules of
Court, rule 8.278(a)(1).)
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER J.
We concur:
RAMIREZ P. J.
FIELDS J.