My jurisdiction is: California, USA
I filed for a TRO against a neighbor. The neighbor hired an attorney, and I represented myself.
The judge from the very beginning was amazingly hostile. He would make decisions and not provide me an opportunity to respond. For example, he modified the TRO's stay-away distance from 10 yards to 1 yard, even though the alleged incident has a larger distance.
The TRO wasn't heard that day since I wasn't served the Answer in time. I filed a 170.6, as well as informed the clerk and the judge before the hearing that I'm requesting a judge instead of a commissioner to hear my case. The judge in this case was actually a commissioner. The judge (commissioner) responded he wasn't aware of this option to request a judge instead of a commissioner and he'd "have to look it up", at which point he began the hearing without any effort to "look it up". He rejected the 170.6 as "not within code", he didn't expand on what he meant by this.
So not to my surprise he threw the TRO out. It was hard to tell the defendant's questions from his own, he didn't ask the defendant any questions.
Questions:
1. How can I go about asking for this to be re-heard after the commissioner has entered his decision?
2. The defendant's attorney said he'll file a motion to request reimbursement for attorney fees, even after the commissioner said can't receive reimbursement because the TRO request was successful (making the TRO permanent was not successful). I didn't think this was possible. I suspect if the commissioner hears the motion, he'll grant it. There was quite a bit that was said and done that would suggest collusion or something to that effect.
Thanks.
I filed for a TRO against a neighbor. The neighbor hired an attorney, and I represented myself.
The judge from the very beginning was amazingly hostile. He would make decisions and not provide me an opportunity to respond. For example, he modified the TRO's stay-away distance from 10 yards to 1 yard, even though the alleged incident has a larger distance.
The TRO wasn't heard that day since I wasn't served the Answer in time. I filed a 170.6, as well as informed the clerk and the judge before the hearing that I'm requesting a judge instead of a commissioner to hear my case. The judge in this case was actually a commissioner. The judge (commissioner) responded he wasn't aware of this option to request a judge instead of a commissioner and he'd "have to look it up", at which point he began the hearing without any effort to "look it up". He rejected the 170.6 as "not within code", he didn't expand on what he meant by this.
So not to my surprise he threw the TRO out. It was hard to tell the defendant's questions from his own, he didn't ask the defendant any questions.
Questions:
1. How can I go about asking for this to be re-heard after the commissioner has entered his decision?
2. The defendant's attorney said he'll file a motion to request reimbursement for attorney fees, even after the commissioner said can't receive reimbursement because the TRO request was successful (making the TRO permanent was not successful). I didn't think this was possible. I suspect if the commissioner hears the motion, he'll grant it. There was quite a bit that was said and done that would suggest collusion or something to that effect.
Thanks.
