North Coast Village Condominium Assn. v. Phillips (202) 94 Cal.App.5th 866.

This case involves workplace violence restraining orders in the context of a homeowners association. North Coast Village Condominium Association (“Association”) filed a workplace violence restraining order in support of its board president, Neil Anderson, and 46 other employees and board members seeking to restrain resident, defendant-appellant Nancy Phillips. At the conclusion of a three-day hearing, the trial court denied the Association’s request for a restraining order. The Court voluntarily awarded the Board President Anderson a civil harassment restraining order pursuant to Code of Civil Procedure section 527.6 against Defendant resident Phillips “in the interest of judicial efficiency and conforming pleadings to proof.” In so doing, it impliedly amended the pleadings to add Anderson as a party. Phillips appealed, requesting that the Court of Appeal reverse the order granting the civil harassment restraining order and enter judgment dismissing all restraining orders with prejudice. The Association filed a cross-appeal seeking reversal of the order denying the workplace violence restraining order. The Association also requested that the Court reverse and remand with instructions to enter a restraining order that included the stay away orders. The Court of Appeals concluded the trial court erred in interpreting and applying section 527.8. The order was reversed, and the case remanded for further proceedings.

MANAGER TAKEAWAY: This case is significant in that it clarifies that an association may file for a restraining order for individuals other than itself. This will greatly expand the ability of associations to file restraining orders against homeowners that cross over the line from being merely annoying to engage in the legal definition of harassment, stalking, and threats of violence. Managers should advise their Boards to consult with association attorneys in instances where homeowners are endlessly sending one email after another to management or Board members, which may constitute legal harassment or stalking, particularly if there is a threat included in such messages. Any threats of violence should be taken seriously, and immediately referred to legal counsel.