Kobey v. Morton

In Kobey v. Morton (1991) 228 Cal.App.3d 1055, the petitioner sought an injunction prohibiting harassment by the respondent. (Kobey, supra, 228 Cal.App.3d at p. 1057.) Even though the respondent had not filed a cross-petition against the petitioner, the trial court granted mutual injunctions prohibiting harassment. (Id. at pp. 1057-1058.) On appeal, the petitioner argued that, because the respondent had not filed a cross-petition, "the court lacked jurisdiction to grant an injunction against her under section 527.6 and her due process rights were violated." (Id. at p. 1058.) The appellate court agreed that the court did not have "the power to grant mutual orders absent a pleading and without affording the petitioner notice and an opportunity to respond to specific charges." (Id. at p. 1059.) It, therefore, reversed the portion of the order granting an injunction against the petitioner. (Id. at p. 1060.)