Cintron v. Lizarraga CA4/1

Filed 7/25/24 Cintron v. Lizarraga CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

RICARDO CINTRON, D082524

Respondent,

v. (Super. Ct. No. 23FDV01703S)

LAYDA LIZARRAGA,

Appellant.

APPEAL from an order of the Superior Court of San Diego County, Tim Nader, Judge. Affirmed. Layda Lizarraga, in pro. per., for Appellant. No appearance for Respondent.

MEMORANDUM OPINION1 Layda Lizarraga appeals from the trial court’s order granting a one- year domestic violence restraining order (DVRO) against her for the

1 This case is appropriate for resolution by memorandum opinion because it raises “no substantial issues of law or fact.” (Cal. Stds. Jud. Admin., § 8.1; see People v. Garcia (2002) 97 Cal.App.4th 847.)

protection of Ricardo Cintron and his parents. Because Lizarraga has failed to meet her appellate burden of affirmatively demonstrating reversible error, we affirm the court’s order. BACKGROUND On April 18, 2023, Cintron filed a request for a DVRO against Lizarraga. They share a son who was then 17 years old. Cintron asked to include their son and his parents as additional protected parties. He further requested an order that he be awarded sole legal and sole physical custody of their son, with no visitation for Lizarraga. In his supporting declaration, Cintron averred his son called to tell him Lizarraga “was being abusive” and he was afraid of her. Cintron then “filed for custody,” which made problems he had with Lizarraga “worse.” After Cintron’s wife, Denise Cintron, tried to serve Lizarraga with the “paperwork” for their custody hearing, Lizarraga called Cintron and told him he was a “ ‘bitch’ ” and his wife was a “ ‘fat bitch.’ ” Lizarraga then “escalated things.” Cintron asked her to leave him alone. When she did not, he blocked her telephone number. Lizarraga then began calling his wife and family instead. Lizarraga “threatened” his parents by “following them to work and home,” and was calling them from “unknown numbers with threats to call the border patrol.” On April 9, 2023, Lizarraga called Denise and was “very unhappy” Cintron had requested custody. Lizarraga told Denise they were going to “ ‘regret’ ” doing that. She “threatened” Denise and called her a “ ‘bitch.’ ” She told Cintron his “wife is no good for [him].” Then a week later, on April 15, the passenger and front side windows of Cintron’s car “were smashed.” Cintron “believe[d Lizarraga] was responsible for this.” The same day Cintron filed his request, the trial court issued a temporary restraining order (TRO) against Lizarraga. The court included