Ricardo People v. Hernandez CA4/3

Filed 9/25/24 Ricardo P. v. Hernandez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

RICARDO P.,

Plaintiff and Respondent, G062014

v. (Super. Ct. No. 30-2022- 01279508) CRISTIAN MICHEL HERNANDEZ, OPINION Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Sandy N. Leal, Judge. Affirmed. Cristian Michel Hernandez, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

The trial court issued civil harassment restraining orders against Cristian Michel Hernandez under Code of Civil Procedure section 527.6. The court also denied Hernandez’s petitions for such restraining orders and later denied reconsideration. Hernandez challenges the denial of reconsideration on various grounds. However, he presents an inadequate record on appeal and fails to establish any error. Accordingly, we affirm the court’s order denying reconsideration.

FACTS Hernandez filed petitions for civil harassment restraining orders against his neighbor Ricardo P. He has not included those petitions in the appellate record. In September 2022, Ricardo filed his own petition for a civil harassment restraining order against Hernandez. He alleged that Hernandez had repeatedly harassed him and his family, yelling at them and insulting them without provocation. Later that month, the trial court held a hearing on the parties’ petitions. Hernandez testified and presented certain videos. Ricardo’s daughter also testified. After the hearing, the court found that Hernandez was not credible, granted Ricardo’s petition for a restraining order, and denied Hernandez’s petitions. Hernandez has not provided the reporter’s transcript or any other record of the oral proceeding; nor has he included the court’s restraining orders in the record. Hernandez moved for reconsideration, but the court denied his motion following a hearing. Hernandez appealed from the denial of reconsideration.