Donaldson v. Ojaroodi CA2/7

Filed 8/20/14 Donaldson v. Ojaroodi CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

CHARLES O. DONALDSON, JR., B251472

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VS023783) v.

MOHAMMAD OJAROODI,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Debra Cole-Hall, Judge. Affirmed. Charles O. Donaldson, Jr., in pro. per., for Plaintiff and Respondent. Mohammed Ojaroodi, in pro. per., for Defendant and Appellant.

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Appellant Mohammed Ojaroodi appeals from the entry of a civil restraining order against him in favor of his neighbor. Finding no grounds for reversal, we affirm.

FACTUAL AND PRODCEDURAL SUMMARY Appellant Ojaroodi and his neighbor respondent Charles Donaldson, Jr. have been in a dispute for some years, culminating in Donaldson’s request for a temporary restraining order in 2012. After a series of continuances while related criminal charges proceeded, the restraining order came on for hearing on August 8, 2013. Donaldson testified that Ojaroodi had thrown gasoline on Donaldson’s door, had threatened him and his wife, and threatened to shoot him. Donaldson asserted he was in fear for his life, and that of his wife and grandchildren. Donaldson also testified that Ojaroodi had sprayed water on him and his wife and called him offensive names. Ojaroodi was represented by counsel at the hearing. Counsel asserted the dispute concerned cigarette smoke coming from Donaldson’s garage onto Ojaroodi’s property, and denied the allegations of threats and use of gasoline. Ojaroodi testified that he had not made the threat asserted by Donaldson, but instead had tried to work out a solution for the smoke. He also denied putting gasoline on the door. The court indicated its intention to grant the restraining order, at which point Ojaroodi asked to bring to the court’s attention a conflict in the statements in the police report; his counsel made no request. The court made no ruling on the issue, and, after the parties discussed the terms of the order, issued an order with a term of three years. Ojaroodi timely appealed.