Marriage of Barton and Walsh CA4/1

Filed 7/23/24 Marriage of Barton and Walsh CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re the Marriage of PHILIP S. BARTON and DIANE M. WALSH. D081472 PHILIP S. BARTON,

Appellant, (Super. Ct. No. 21FL014216N)

v.

DIANE M. WALSH,

Respondent.

APPEAL from an order of the Superior Court of San Diego County, Matthew Brower, Judge. Affirmed. Philip S. Barton, in pro. per., for Appellant. Estelle & Kennedy and Ernesto Carrola for Respondent.

I. INTRODUCTION Philip Barton appeals from a five-year domestic violence restraining

order (DVRO) issued in favor of his wife,1 Diane Walsh, pursuant to the Domestic Violence Prevention Act (Fam. Code, § 6200 et seq.). On appeal, Barton claims the trial court erred by shortening the evidentiary hearing from two days to half a day because that prevented him from presenting important evidence; and the trial judge was biased against him. Taken together, Barton asserts these actions violated his due process rights by depriving him of a fair restraining order hearing. We conclude Barton forfeited these arguments because his briefs do not comply with appellate procedural rules governing citations to both law and the trial court’s record. Therefore, it is not possible to discern how Barton arrives at his factual and legal conclusions. We therefore affirm the trial court’s order.

II. FACTUAL AND PROCEDURAL BACKGROUND2 Barton and Walsh married in 2006, and had three children during their marriage. In December 2021, Barton filed a petition for dissolution. He also brought motions seeking permission to relocate with the couple’s children, and for appointment of an Evidence Code section 730 expert to conduct a child custody and visitation evaluation. In May 2022, Walsh filed a