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County of Los Angeles v. Niblett, 116 Cal. App. 5th 454 (2025)
The County obtained a three-year Workplace Violence Restraining Order (WVRO) pursuant to Cal. Code Civ. Proc. § 527.8 that protected “nonparty Samuel S.” from Neill Francis Niblett. Prior to the issuance of the WVRO, both men worked for the county’s fire department (Samuel was an assistant chief and Niblett was a senior mechanic). The trial court granted the WVRO based on evidence that Niblett had often raised his voice to Samuel to complain about work-related decisions; Niblett on one occasion shouted profanities at Samuel and got so close to Samuel’s face that Niblett was spitting on him; and Niblett “alluded to an incident in which a firefighter fatally shot another firefighter.” On appeal, Niblett challenged the WVRO (which included a firearm restriction) on First and Second Amendment grounds, which the Court of Appeal rejected. The Court concluded that substantial evidence supports the trial court’s finding that Niblett made a credible threat of violence when he alluded to the incident in which a firefighter fatally shot another firefighter.
