McDaniel v. Rangel CA4/1

California Court of Appeal Apr 9, 2014 No. D064509Unpublished

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Holding. The court affirmed the trial court's issuance of a restraining order because the appellants failed to provide an adequate record or cogent legal argument to support their challenge.

Issues

Whether the trial court erred in granting a restraining order against the appellants.
Whether the appellants' failure to provide a reporter's transcript or legal authority warrants waiver of their claims.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The absence of cogent legal argument or citation to authority allows this court to treat the contention as waived.”

“Failure to set forth the material evidence on an issue waives a claim of insufficiency of the evidence.”

“The record does not include the reporter's transcript. As such, we cannot ascertain what evidence was adduced at the hearing nor can we determine if the order is not supported by substantial evidence.”

Filed 4/9/14 McDaniel v. Rangel CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

MONICA McDANIEL, D064509

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2013-00056756- CU-HR-EC ) DANIEL RANGEL, SR. et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of San Diego County, Eddie C.

Sturgeon, Judge. Affirmed.

Daniel Rangel, Sr. and Daniel Rangel, Jr., in propria personas.

No appearance by Respondent.

Daniel Rangel, Sr. and Daniel Rangel, Jr. (together Appellants) appeal an order

granting a restraining order against them. We affirm.

The superior court held a hearing on Monica McDaniel's request for a restraining

order against Appellants. Appellants and McDaniel appeared at the hearing and all three

individuals testified. No party was represented by counsel.

After hearing the evidence, the court issued a minute order granting the restraining

order as requested. Appellants subsequently were served with a civil harassment

restraining order after hearing. They timely appealed the order.

Initially, we observe that Appellants, as in propria persona litigants, are "entitled

to the same, but no greater, rights than represented litigants and are presumed to know the

McDaniel v. Rangel CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

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DISPOSITION

BENKE, J.

NARES, J. 3

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