Michael D. v. Joseph S. CA4/1

Filed 5/22/25 Michael D. v. Joseph S. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

MICHAEL D., D081928

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2022-00017739- CU-HR-CTL) JOSEPH S.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Christopher S. Morris, Judge. Request for judicial notice denied. Affirmed. Joseph S. in pro. per., for Defendant and Appellant. Noonan Lance Boyer & Banach, James R. Lance and Sara Gediman for Plaintiff and Respondent.

Following issuance of a civil harassment restraining order (CHRO) against defendant Joseph S. under Code of Civil Procedure section 527.6, the trial court exercised its statutory discretion to award attorney’s fees to

plaintiff Michael D.1 Joseph, representing himself on appeal, challenges both the basis for any award and the specific amount that Michael was permitted to recover. Because we find no abuse of discretion by the trial court on either ground, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Michael, his wife, and their two children live in a house that sits below the house in which Joseph lived during the relevant time. The property line ran between Joseph’s side yard and Michael’s backyard. The combination of the properties’ orientation and the absence of privacy barriers between the two houses enabled Joseph to see part of Michael’s backyard from his side yard. In June 2021, Joseph began harassing Michael and his family by “staring aggressively” at Michael’s children while they were playing in their yard and taking videos of them. Joseph’s behavior escalated to include pointing cameras into Michael’s backyard, yelling profanities toward Michael and his family, throwing rocks at their house, and making physical and verbal threats. Joseph’s conduct caused Michael to call the police three times between June 2021 and April 2022. In May 2022, Michael filed a request for a CHRO under section 527.6 to prohibit Joseph from harassing, contacting, or getting too close to him and his family. (§ 527.6, subds. (a)(1) & (c).) Following a hearing in July 2022, the court issued a CHRO that will last until July 14, 2025.