Trias v. Robello CA1/2

Filed 10/8/25 Trias v. Robello CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

SHENELL KRISTIE TRIAS, Plaintiff and Respondent, A172106 v. KATRINA ARIEL ROBELLO, (Solano County Super. Ct. No. CU24-01458) Defendant and Appellant.

Sixty-three days after the trial court issued a civil restraining order against Katrina Robello, she filed a notice of this appeal. Because Robello’s notice of appeal was not timely filed, and because the appellate record and briefing are wholly insufficient, we dismiss the appeal. BACKGROUND In March 2024, Shenell Trias filed a petition for a civil restraining order. After a hearing on September 23, 2024, where both parties appeared, the court granted Trias’s petition and issued a “Civil Harassment Restraining Order After Hearing” on the Judicial Council Form CH-130 mandated by Code of Civil Procedure section 527.6, subdivision (x).1

1 The restraining order is effective until midnight on September 24,

2026, and requires Robello to stay at least 100 yards away from and have no contact with Robello’s “ex-sister in law” Trias and Robello’s then 8-year-old biological daughter.

1

The restraining order executed by the court and filed the same day includes a proof of service that represents Robello “personally attended the hearing,” was served with the order, and “[n]o other proof of service is needed.” On November 25, 2024, Robello filed a notice of this appeal. DISCUSSION “The time for appealing a judgment [or appealable order] is jurisdictional; once the deadline expires, the appellate court has no power to entertain the appeal.” (Van Beurden Ins. Services, Inc. v. Customized Worldwide Weather Ins. Agency, Inc. (1997) 15 Cal.4th 51, 56; Cal. Rules of Court,2 rule 8.104(e).) A notice of appeal must be filed within 60 days of service of notice of the appealed-from order or within 180 days of entry of the order, whichever is earlier. (Rule 8.104(a)(1).) Personal delivery of the challenged order is a proper method of service. (Rule 8.104(a)(2) [service may be accomplished “by any method permitted by the Code of Civil Procedure”]; Code Civ. Proc., § 1011.) Here, the record “facially establish[es]” that Robello was personally served with the restraining order at the September 23, 2024 hearing. (Cf. In re Marriage of Lin (2014) 225 Cal.App.4th 471, 473 [applying 180-day limit where “the court record does not facially establish service of the domestic violence restraining order”]; see also Fam. Code, § 6384, subd. (a) [“no additional proof of service is required” where the restrained party “has received actual notice of the existence and substance of the order through personal appearance in court”].) Under the heading “Service of Order on Restrained Person,” the restraining order reflects that Robello “personally attended the hearing” on the restraining order and therefore “[n]o other proof