What is the test for a restraining order against a defendant in a personal injury case?

"The defendant may file a response that explains, excuses, justifies, or denies the alleged harassment . . . ." ( 527.6, subd. (h).) Section 527.6 sets forth a "procedure for what is in effect a highly expedited lawsuit on the issue of harassment." (Schraer v. Berkeley Property Owners' Assn. (1989) 207 Cal.App.3d 719, 732.) Although there is "no full trial on the merits," the court must hold a hearing and cannot decide the matter based solely on written declarations and other documentary evidence. (Id. at pp. 731-732.) "At the hearing, the judge shall receive any testimony that is relevant, and may make an independent inquiry. If the judge finds by clear and convincing evidence that unlawful harassment exists, an injunction shall issue prohibiting the harassment." ( 527.6, subd. (i).)

In determining whether substantial evidence supports the elements of willful harassment, we review the evidence before the court in accordance with established rules of appellate review. We resolve all factual conflicts and questions of credibility in favor of the prevailing party and indulge in all legitimate and reasonable inferences to uphold the finding of the trial court if it is supported by substantial evidence which is reasonable, credible and of solid value. (Schild v. Rubin (1991) 232 Cal.App.3d 755, 762.) In

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reviewing the record, we cannot reconsider the trial court's determination of witnesses' credibility, or reweigh the evidence. (Reichardt v. Hoffman (1997) 52 Cal.App.4th 754, 766.) For this reason, we cannot decide whether the order granting the restraining order was based on false evidence.