Castruita v. Guerrero CA2/7

Filed 2/24/14 Castruita v. Guerrero CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

LARRY CASTRUITA, B246439

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BS140333) v.

STEVEN GUERRERO,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Carol Boas Goodson, Judge. Affirmed.

Larry Castruita, in pro per, for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

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INTRODUCTION This is an appeal from an order granting a motion for attorney fees. Because the appellant has failed to provide a record demonstrating the error he claims, we affirm. FACTUAL AND PROCEDURAL SUMMARY In mid-November 2012, Larry Castruita filed a petition seeking a temporary restraining order and permanent injunction against Steven Guerrero. (Code Civ. Proc., § 526.7 [all further undesignated statutory references are to the Code of Civil Procedure].) According to Castruita’s petition, Guerrero is Castruita’s uncle and a co-trustee of a trust that owns Castruita’s residence. Castruita said Guerrero repeatedly entered his residence without knocking, took photographs, initiated verbal altercations and otherwise harassed him. Castruita’s request for a temporary restraining order was granted in part, and a hearing was set for December 4.1 On November 30, Castruita filed points and authorities along with his own supporting declaration, and Guerrero filed a response. On December 3, both Castruita and Guerrero filed substitutions of attorney, and both appeared at the December 4 hearing represented by counsel. According to the court’s December 4 minute order following the hearing on Castruita’s petition for injunction prohibiting harassment, both Castruita and Guerrero were sworn and testified; the petition for injunction prohibiting harassment was denied; the temporary restraining order was dissolved; and Guerrero’s “oral motion for attorney fees [wa]s granted[,]” with Castruita “ordered to pay $1,000 to attorney Jim McCullaugh within 30 days.” Castruita (now an attorney proceeding in pro per) appeals. We have received no respondent’s brief or any other response from Guerrero.