P.D. v. Villanueva CA1/4

Filed 10/17/25 P.D. v. Villanueva CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

P.D., Plaintiff and Respondent, A171726 v. NICK VILLANUEVA, (San Mateo County Super. Ct. No. 24-CIV-01014) Defendant and Appellant.

Nick Villanueva challenges a civil harassment restraining order (restraining order) issued pursuant to Code of Civil Procedure section 527.61 protecting plaintiff P.D.2 He contends that the restraining order must be reversed because the record establishes, at most, only a single instance of harassment that is unlikely to recur. Because the order expired by its own terms on

1 All undesignated statutory references are to the Code of

Civil Procedure. 2 P.D. did not file a respondent’s brief. Her failure to do so, however, is not treated as a “default” or “an admission of error.” (Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1203.) Rather, if the respondent does not file a respondent’s brief, “the court may decide the appeal on the record, the opening brief, and any oral argument by the appellant.” (Cal. Rules of Court, rule 8.220(a)(2).)

1

February 11, 2025, we asked Villanueva to submit supplemental briefing addressing whether the appeal is moot. Having considered his supplemental brief, we conclude that no effective appellate relief can be granted and that no exception to the mootness doctrine applies. Accordingly, we dismiss the appeal as moot. BACKGROUND On February 22, 2024, P.D. filed her request for a restraining order in San Mateo Superior Court. Her request states that on February 18, she woke up to find Villanueva sexually assaulting her. When she realized what was happening, she told him to get out and pushed him out of her house. Her request indicates that she reported the incident to the police and that the police gave her an emergency protective order at that time. The request also indicates that a criminal case was filed based on the incident but does not indicate whether a protective or restraining order had been issued in that case. Finally, her request acknowledges that no other harassment had occurred but states that she was requesting a civil restraining order because she did not feel safe. The court issued a temporary restraining order and set the matter for hearing on March 12, 2024. The hearing was continued several times, however, ultimately taking place on August 22, 2024. At the hearing, P.D. testified briefly to the details of the alleged sexual assault. She conceded that Villanueva had not attempted to contact her after his arrest but explained that she