Rama v. Lassiter CA2/6

Filed 8/19/24 Rama v. Lassiter CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

MYRTEZA RAMA, 2d Civil No. B331071 (Super. Ct. No. 22CV03256) Plaintiff and Respondent, (Santa Barbara County)

v.

BRYAN LASSITER,

Defendant and Appellant.

Myrteza Rama (former husband, Father) obtained a civil harassment restraining order against Bryan Lassiter (new husband) following a confrontation between the two at a medical clinic. Respondent was there for his daughter’s medical appointment. (Code Civ. Proc., § 527.6.)1 Appellant contends the evidence was insufficient to justify the order. We affirm.

1 All further statutory references are to the Code of Civil Procedure.

Facts and Procedural Background Appellant is now married to respondent’s ex-wife, Ariella. Respondent and Ariella share two minor children. As part of the custody orders, respondent is entitled to attend his children’s medical appointments. In August 2022, appellant and Ariella were waiting with the children in the lobby of a medical clinic when respondent arrived. As respondent attempted to follow his daughter into the pre-examination room, there was a confrontation between appellant and respondent. After the medical appointment ended, respondent contacted police, reported the incident, and subsequently sought a civil harassment restraining order against appellant. Civil Harassment Restraining Order Hearing At the hearing on the civil harassment restraining order, Officer Scott McBeth testified that he responded to the call following the incident at the medical clinic. As part of his investigation, Officer McBeth spoke with respondent, appellant, and the medical assistant, Benjamin Gately. Officer McBeth testified that after his investigation, he determined there was probable cause that a “physical altercation had occurred and unwanted touching had happened” between appellant and respondent. Appellant testified that he told respondent he “could not be there and had to stand back.” Appellant denied that he told respondent to leave or that he blocked respondent from entering the pre-examination room. Appellant also denied that he pushed or shoved or had any physical contact with respondent. Mr. Gately testified that he did not notice any physical contact between appellant and respondent. However, he