Mitchell v. Johns CA2/2

Filed 6/10/14 Mitchell v. Johns CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

CORNELL MITCHELL, B249368

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. YS024917) v.

BRONSON JOHNS,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County. Laura C. Ellison, Judge. Affirmed.

Cornell Mitchell, in pro. per., for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

_________________________

Appellant Cornell Mitchell, who appears in propria persona, appeals from an order granting attorney fees following the denial of his petition for a civil harassment restraining order. Because appellant has failed to provide a record demonstrating error, we affirm. FACTUAL AND PROCEDURAL BACKGROUND On May 20, 2013, appellant filed petitions for a temporary restraining order and permanent injunction against respondent Bronson Johns. The petitions were filed on Judicial Council forms pursuant to Code of Civil Procedure section 527.6. Appellant sought protection for himself and his 13-year-old daughter, who did not live with him. According to the petitions, appellant and respondent had a single physical altercation on May 13, 2013, concerning money respondent allegedly owed to appellant. Respondent said, “I will fuck you and your family up,” and kicked appellant in the testicles. The trial court denied the request for a temporary restraining order and set a hearing for June 4, 2013. On the date of the hearing, respondent filed a response on a Judicial Council form and a supporting declaration denying the allegations. Respondent stated that while he used to date appellant’s ex-girlfriend, he had not seen appellant in four years, did not owe him money, and was disabled due to a stroke. On the response form, respondent checked the box entitled “Lawyer’s Fees and Costs,” and asked for attorney fees in the amount of $2,500. Respondent’s attorney filed a declaration in support of the requested fees, stating that the fees were being sought pursuant to Family Code section 271. According to the trial court’s June 4, 2013 minute order, appellant and respondent were each sworn and testified. The court found no showing of a pattern of harassing conduct pursuant to Code of Civil Procedure section 527.6, and denied the petition for a restraining order. The minute order also states: “The request for attorneys fees filed this date on behalf of the respondent is granted. Petitioner Cornell Mitchell is ordered to pay the sum of $2,500.00 attorneys fees to respondent, Bronson Johns.” The minute order directs counsel for respondent “to prepare the order.” The record does not contain any further order or any reporter’s transcript.