Zimmergarger v. Cimbat CA4/1

Filed 3/28/25 Zimmergarger v. Cimbat CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

LILLIAN ZIMMERGARGER, D084569

Petitioner and Respondent,

v. (Super. Ct. No. 37-2024- 00026316-CU-HR-EC) FAITH CIMBAT,

Respondent and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Matthew Brower, Judge. Affirmed. Goldman Legal and Andrew Flores, for Respondent and Appellant. Lillian Zimmergarger, in pro. per., for Petitioner and Respondent. Lillian Zimmergarger obtained a three-year civil harassment restraining order against her next-door neighbor, Faith Cimbat. On appeal, Cimbat contends her alleged harassment consisted of constitutionally protected activities or activities with legitimate purposes that were unlikely to continue in the future such that she was improperly restrained. On the inadequate record of appeal, we disagree and accordingly affirm the restraining order.

I. A. In April 2024, Zimmergarger and Cimbat lived in adjacent units in a townhome community, with Zimmergarger in unit 229. One day, Cimbat posted on the community’s social media page, complaining, “This person that moved next to me in unit 229 is fucking disgusting.” In the post, she insinuated Zimmergarger was entertaining other men while her husband was deployed. Cimbat also stated Zimmergarger was the source of a cockroach infestation, had a “mental breakdown,” owned “reek[ing]” dogs whose feces she failed to clean up, and allowed her “autistic son” to “poop” in the front yard. After several days, the administrator for the community social media page removed Cimbat’s post. Cimbat tried to repost it, but it was taken down again. The post caused Zimmergarger to realize Cimbat was “watching [her] and [her] family,” likely with the aid of her security cameras. Throughout the month of April, Cimbat complained to the community’s management office about noises coming from Zimmergarger’s house during non-quiet hours and the smell of Zimmergarger’s dogs. Cimbat also began “putting trash bags full of dirty baby diapers behind [Zimmergarger’s] back patio gate,” which Cimbat “intentionally” left “open with the diapers spilled all over where [Zimmergarger] can step on them,” and “putting a hot barbecue grill behind [Zimmergarger’s] gate so [sh]e would knock the grill over when [sh]e opened” it. Cimbat would yell from her property that Zimmergarger “‘should go back to wherever [she] came from’” and would bang on the walls “throughout the day.”