Frank v. Myrick CA4/1

Filed 7/16/24 Frank v. Myrick CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

DORIS FRANK, D082789

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2023-00006094-CU-HR-EC) NANCY MYRICK,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Peter A. Lynch, Judge. Affirmed. Law Office of Keith H. Rutman and Keith H. Rutman for Defendant and Appellant. No appearance for Plaintiff and Respondent. Nancy Myrick appeals from a civil harassment restraining order under

Code of Civil Procedure1 section 527.6, which protects her neighbor, Doris Frank. Myrick contends: (1) The evidence did not show a continuous course of conduct; (2) the evidence showed that her words were protected speech

1 Undesignated statutory references are to the Code of Civil Procedure.

under the First Amendment of the Federal Constitution; and (3) the evidence did not show that her behavior was likely to be repeated absent a restraining

order. Frank has not filed a respondent’s brief.2 We affirm the order. FACTUAL AND PROCEDURAL BACKGROUND In February 2023, Frank filed a request for a civil harassment restraining order against Myrick. She declared under penalty of perjury: “On February 10, 2023, I was in my driveway cleaning and respondent started pouring weed killer onto my plants on my property. I asked her what she was doing and respondent starting [sic] using obscene language, ‘fuck you,’ ‘shut up cunt,’ ‘back up’ and, ‘fuck off.’ I told her that all the neighbors were watching her scream and be violent and she proceeded to say, ‘I’ll do whatever the fuck I want’ and ‘you’re an immigrant.’ I told her that I have sons in the military and she didn’t care and kept verbally harassing me. [¶] About [three] months ago, I was in my driveway talking to my other neighbor . . . when respondent approached us. She was saying things like ‘fuck you’, ‘shut up cunt,’ ‘back up’ and ‘fuck off.’ She was repeatedly talking about my legal status and that I am an immigrant. My neighbor was telling her to calm down, but she kept cussing at us. [¶] I have been dealing with respondent’s harassment for years. It has been escalating after every encounter. I am in fear of my life and I fear that she will try to physically harm me. I am asking for this restraining order to protect myself from