New California legislation proposes to amended already existing California Penal Code gun violence statutes to also allow, but not require, employers, coworkers, and employees of certain secondary and postsecondary schools to petition a court ex parte or by noticed motion to obtain a restraining order against a person who they believe, upon sufficient evidence, is a threat to commit violence with a gun. California AB 2888 is proposed – it is not yet law – but it is worth noting anyway.
Although the proposed legislation states that the law would not require such an employer, coworker, or employee to petition for a restraining order, the question still arises whether an employer, or a managing agent employee of the employer, or a managing agent employee of the school, might still be required, upon sufficient evidence, to bring or to cause the employer or school to bring such a petition under employer or school duties to make the workplace and school place safe? More to follow if the proposed law moves forward.
The following is a copy of the portion of the current proposed legislation authorizing the bringing of an ex parte petition. Also note that the applicable statutes do provide additional somewhat detailed guidance and requirements, including the required evidentiary burden of proof. A question or issue also might arise whether an employer or person bringing such a petition might have liability exposure for wrongfully doing so or for bringing such a petition that the court then decides to deny. Best to you. David Tate, Esq.