Ansari v. Khan CA2/5

Filed 10/8/13 Ansari v. Khan CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

HASHIM ANSARI, B241519

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YS022930) v.

ABDUL KALIQ KHAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Irving Shimer, Judge. (Retired judge of the L. A. Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Franklin P. Jeffries for Defendant and Appellant. Law Offices of Omer Rangoonwala and Omer Rangoonwala for Plaintiff and Respondent.

I. INTRODUCTION

Defendant, Abdul Kaliq Khan, appeals from a Code of Civil Procedure section 527.6 civil harassment restraining order. 1 The restraining order was secured by plaintiff, Hashim Ansari. Defendant was ordered to stay away from plaintiff and the Inglewood Jamat-e-Masjid-ul Islam (the mosque). Mr. Ansari is the mosque‟s prayer and religious leader. The trial court granted plaintiff‟s petition. Defendant contends the trial court erred by not hearing testimony from witnesses considering hearsay and extending the scope of the restraining order to the mosque. We affirm the order.

II. BACKGROUND

A. Restraining Order Petition And Allegations

Plaintiff is the mosque‟s imam. Plaintiff‟s verified injunctive relief request filed October 21, 2011, states the following. Defendant was a former member of the mosque. Defendant had assaulted, threatened, and harassed plaintiff. Defendant published false and defamatory statements against plaintiff and the mosque‟s board members. Defendant had disturbed the mosque‟s congregation by using loud, profane discourse, rude and indecent behavior and unnecessary noise. Defendant left defamatory flyers on cars in the parking lot defaming plaintiff. On April 25, 2010, during a board meeting at the mosque, defendant entered uninvited. Defendant shouted threats against plaintiff and the board members, including getting a gun to kill them. Defendant stated he would remove the board members from the mosque and was unafraid of the police. Defendant made aggressive moves towards plaintiff and another board member. Later that afternoon, defendant and three other people walked past plaintiff‟s house. They walked by to see if plaintiff lived there.