Tuesday, June 30, 2026
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Man in Egypt Not Denied Due Process by Order Requiring His Personal Presence in Court—C.A.
Justices Say Allowing Remote Appearances Is Discretionary
By a MetNews Staff Writer
The First District Court of Appeal has held that a Superior Court judge did not deny due process to the husband in a divorce proceeding, who was in Egypt, by ordering that he appear in person, rather than remotely.
The husband, Tarek Eletr, appealing from a judgment dissolving his marriage to Sara Samy Eletr, maintained that Alameda Superior Court Judge Jessica Hawk wrongfully excluded him from the proceedings in the case. In an unpublished opinion, filed Friday, Presiding Justice Tracie L. Brown rejected his characterization of what was done.
She wrote:
“Code of Civil Procedure section 367.75 and rule 3.672 of the California Rules of Court11 currently allow courts to hold proceedings remotely, including evidentiary hearings and trials….Both the statute and the rule allow courts to require in-person appearances….Alameda County Superior Court has established by local rule that evidentiary hearings and trials are held in person unless the court grants permission for a remote appearance….
“Tarek asserts that he complied with all procedural requirements and was ready to participate in trial but the trial court excluded him. This is inaccurate. The trial court denied Tarek’s request to appear remotely. According to the applicable rules. Tarek was therefore obligated to appear at trial personally….As he failed to do so, he did not comply with the rules and the trial court did not exclude him.”
Hawk initially allowed the husband to appear remotely, but then ordered his presence at the next hearing. Brown said in a footnote:
“We can only speculate about the trial court’s reasons for changing course. Although the trial court minutes indicate that a court reporter was present, Tarek has not provided a reporter’s transcript.”
The case is Marriage of Eletr, A174390.
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