California, United States of America
The following excerpt is from Gonzalez v. Gonzalez, B253352 (Cal. App. 2015):
ex parte application, received by the trial court on October 17, asking that he be allowed to appear telephonically due to his incarceration. (See Wantuch v. Davis, supra, 32 Cal.App.4th at pp. 792-793 [prisoner litigants retain a right of access to the courts, although the trial court has discretion to fashion the appropriate remedy given the circumstances of the case].) Despite appellant's efforts, the trial court proceeded to hold the hearings without considering, or even acknowledging, appellant's written oppositions or fashioning a remedy to provide him with an opportunity to be heard. The minute orders of the court simply state that there is "no appearance this date by [appellant], and proof of service having been filed by [respondent], the hearing proceeds uncontested." It found respondents met their burden of proof and issued five-year restraining orders against appellant. The trial court infringed upon appellant's due process rights when it failed to consider his written oppositions and failed to provide him with an opportunity to be heard.
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