It's an important issue, and today's split decision by the Court of Appeal cogently identifies the competing positions. Justice Buchanan writes the majority opinion and says:
In Kaiser Foundation Hospitals v. Wilson (2011) 201 Cal.App.4th 550 (Kaiser), we held that hearsay evidence is admissible at a hearing on a workplace violence restraining order (WVRO). (Code Civ. Proc., § 527.8.) Other courts have reached the same conclusion for a hearing on a civil harassment restraining order (CHRO). (Code Civ. Proc., § 527.6; see Duronslet v. Kamps (2012) 203 Cal.App.4th 717, 728–729 (Duronslet); Yost v. Forestiere (2020) 51 Cal.App.5th 509, 521 (Yost).)
We must now decide the same question for a hearing on a gun violence restraining order (GVRO) under Penal Code section 18175.1 We hold that hearsay evidence is likewise admissible at a GVRO hearing. We further conclude that the evidence submitted to the trial court was sufficient to establish by clear and convincing evidence that appellant Geoffrey S. posed a significant danger of causing personal injury by gun violence.2 (§ 18175, subd. (b)(1).) Because we reject Geoffrey’s other claims, we affirm the oneyear GVRO issued against him."
Justice Dato, by contrasts, dissents, with the following basic position:
"This case presents a classic question of statutory interpretation. When it enacted the gun violence restraining order (GVRO) statutes in 2014 (Stats. 2014, ch. 872 (Assem. Bill No. 1014)), did the Legislature intend that all forms of hearsay evidence should be admissible without limitation in a noticed hearing seeking a GVRO? The Legislature’s intent with respect to the meaning of a statute is not always crystal clear, and in this instance it might be better characterized as opaque. It is therefore hardly surprising that reasonable judges might disagree.
There is, however, a more fundamental question that will have much to say about how we ultimately decide what the Legislature intended and what the statutes mean. That is because the Legislature itself has provided a framework within which we are to analyze questions about the admissibility of hearsay. Evidence Code section 1200, subdivision (b) succinctly states the generally applicable rule, “Except as provided by law, hearsay evidence is inadmissible.” The issue we must decide is whether, in the case of GVROs, the Legislature has otherwise “provided by law” for an exception. And to determine if the Legislature intended an exception, we must first understand the general rule.
The rule against hearsay evidence exists for one overriding and crucial purpose: To make sure results in the courtroom are based on the truth. To expose innocent fibs, outright falsehoods, and all types of fabrications in between, witnesses are ordinarily required to personally appear in court, affirm to tell the truth, and be subject to cross-examination. (See California v. Green (1970) 399 U.S. 149, 158.) Courts have long recognized the importance of cross-examination and its crucial role in ferreting out the truth. (In re Brenda M. (2008) 160 Cal.App.4th 772, 777 [“ ‘Crossexamination is the principal means by which the believability of a witness and the truth of his testimony are tested.’ ”].)
But it is impossible to cross-examine a witness who isn’t there. And in this case, the deputy city attorney who appeared at the hearing merely offered the court San Diego Police Department (Department) reports that memorialized several police contacts with Geoffrey S. at his home over the course of a week in April 2020, near the beginning of the COVID-19 pandemic. In addition to the observations of officers, these reports included statements made by other, sometimes unidentified, persons. They also summarized Facebook posts allegedly made by Geoffrey but did not attach copies. At the same time, the Department’s presentation ignored—or at least significantly downplayed—the numerous factual errors in the psychiatric hospital’s intake report, as well as the fact that the hearing officer who ultimately dismissed the Welfare and Institutions Code section 5150 hold concluded that Geoffrey had “no known history of diagnosis or treatment” for mental illness and “does not have a mental disorder.”
Critically, not a single witness testified at the hearing, not even the officers who authored the reports. The deputy city attorney merely argued that the reports proved by clear and convincing evidence that a one-year GVRO should issue."
Nicely put by both sides, I think.
All that said, this case is from San Diego, and while I won't comment on the doctrinal dispute, I will say that I'm fairly happy that -- at least for a while -- Geoffrey S. won't be allowed to buy any more guns or ammo. (Though the underlying one-year order has apparently expired at this point.) The guy seems to fairly clearly have huge problems, and I say that with full recognition of Justice Dato's point that we're not actually listening to the underlying witnesses, but instead reports that are technically hearsay about what he's allegedly done. Here are some snippets:
"Geoffrey explained to the police that for several weeks, he had been posting on social media about his belief that philanthropist Bill Gates had murdered millions of people. In response, a stranger called him to express his agreement. When Geoffrey asked the person how he got his phone number, the person said it was given to him by God. As a religious person, Geoffrey then invited the person over to his house to talk about their beliefs. The person came over and spent the night. The next day, they talked all day and read Bible verses. The man eventually proclaimed that he was God, got a kitchen knife, and demanded that Geoffrey “ ‘kneel before him.’ ” After Geoffrey complied, the man said, “ ‘I am going to kill you motherfucker.’ ” The man also told Geoffrey he was a “ ‘west coast gangster’ ” and had “been shot and stabbed before.”
Geoffrey told the police he had “ ‘hunting shotguns’ ” inside his house, but no ammunition. He began talking about his “conspiracy theories” and “distrust of the government.” He explained “his eccentric beliefs about how he didn’t believe the Corona virus was real, how Bill Gates is a murderer and he is trying to vaccinate everyone with ‘nanotechnology’ so they can be tracked by 5G towers” and “claimed he even called the FBI San Diego field office to report what he knew about Bill Gates . . . .”
According to the police reports, “Geoffrey was very animated, agitated and was rambling about a government takeover.” He “believed Bill Gates and the government were using the COVID-19 to scare Americans into receiving a vaccine to infuse trackers” and that “5G cell towers being installed would be used to track everyone with the vaccine.” “Geoffrey would not answer specific questions but would instead go into lengthy rants about various unrelated topics.” He “was exhibiting psychotic and delusional behavior.” “When asked specifically about his quest for ammunitions and his intentions, Geoffrey replied that it was none of our business and quoted his 1st and 2nd amendment rights. Geoffrey became paranoid about where we had received our information and accused us of working with FBI to tap his phone lines. Geoffrey did confirm that he owns several shotguns.” “Geoffrey was aggressive in nature and very confrontational, answering most of our questions with questions and stating we were all stupid. At one point, Geoffrey stood up and began screaming at the top of his lungs, ‘I’m buying ammo and you should too!’ ” . . . .
The defense exhibits included a psychiatric admission evaluation of Geoffrey and medication noncompliance summary, both prepared by Dr. Samuel Etchie at Alvarado Parkway Institute (Alvarado). The psychiatric admission evaluation (signed April 22, 2020) described Geoffrey’s “delusional beliefs” and his admission to the hospital’s psychiatric intensive care unit after Geoffrey’s pastor and a friend had called 911 to express their concerns about his mental state and social media postings. Geoffrey repeated to Dr. Etchie his theories about Bill Gates and the COVID-19 vaccine. He said: “They have this vaccine and if they are going to force us to take this vaccine then I need to buy ammo and ammunitions to defend myself against the government and protect my family . . . .” Geoffrey also told Dr. Etchie that his pastor, a friend, and his father all “told lies against [him].”
Dr. Etchie stated: “Upon arrival at this facility . . . , the patient remained with significant risk of danger to others as a result of welldeveloped and well-organized delusional thought processes about the government and various governmental agencies . . . and the philanthropist, Bill Gates, and the current COVID-19 vaccine that is not even available at this time.” “Inpatient psychiatric admission is imperative at this time due to the imminent risk of harm to others and the patient’s ability and wherewithal to purchase arms and ammunitions and to prevent harm to the patient and to others.” “The patient . . . remains with significant risk of harm to others, especially, ‘people from the government and people connected with the Bill Gates vaccine and the FBI.’ ” Dr. Etchie diagnosed Geoffrey with “[b]ipolar affective disorder, mania, severe with psychotic features.”
In the medication noncompliance summary (signed May 4, 2020), Dr. Etchie quoted Geoffrey as follows: “Everybody’s against me - my deacon, my pastor, my father, my friend, the police, yourself, the nurses and staff in this hospital because of only one reason. I want to defend my Second Amendment rights to defend myself because of all the crazy things that have been started and have been sponsored by Bill and Melinda Gates Foundation to infect millions of Americans with bad vaccine in the name of treating this viral pandemic.” Geoffrey denied any mental illness and refused to take any medication."
Yikes. Geoffrey has some problems, no?
Oh, one more thing. Geoffrey's not homeless or anything. He's got neighbors, Facebook friends, a pastor, etc.
And he's a member of the Ohio bar.
