Palacio v. Peck CA6

Filed 11/13/14 Palacio v. Peck CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

LISA MARIE PALACIO, H038824 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. CH004035)

v.

SANDY PECK,

Defendant and Appellant.

Defendant Sandy Peck appeals from a civil harassment restraining order prohibiting her from coming within 30 feet of plaintiff Lisa Palacio for a period of three years. (Code Civ. Proc., § 527.6.)1 Peck asserts three challenges to the order: (1) there is insufficient evidence to establish a course of conduct constituting harassment within the meaning of the civil harassment statute, (2) the injunction improperly bars her from engaging in lawful activity, and (3) the trial court failed to make the necessary findings. We shall affirm for the reasons stated below. I. BACKGROUND Palacio and Peck both worked for the City of Palo Alto as utility customer service representatives between 2005 and 2013. For much of that time they worked in the same office. On January 12, 2012, Palacio filed a request for a civil harassment restraining order against Peck, alleging harassment in the workplace.

1 All further unspecified section references are to the Code of Civil Procedure.

The following day the court entered a temporary restraining order requiring Peck to stay 300 yards away from Palacio, as well as Palacio’s vehicle, home, and workplace. On February 21, 2012, the court modified the temporary restraining order to require Peck to stay just 30 feet away from Palacio, apparently to accommodate the fact that the two worked in the same office. The case was tried over the course of four days in April and May 2012. Palacio’s Testimony Palacio testified to four incidents of alleged harassment by Peck. First, Palacio testified that, in 2008, she was walking past Peck in the office when Peck intentionally rammed her shoulder into Palacio’s “like [they were in a] roller derby” and did not apologize. Second, Palacio testified that, later that year, Peck was singing a children’s song and yelled a portion of the song into Palacio’s ear as she passed. Another witness testified that she heard Peck singing the song as she walked by the cubicles near Palacio, but did not hear Peck raise her voice. Third, Palacio testified that Peck used a mirror above her desk to stare at Palacio in an intimidating manner. Palacio placed plants on her desk to block Peck’s line of sight. Finally, Palacio testified that Peck again collided with her intentionally on December 20, 2011. According to Palacio, she was walking down the hall carrying a pitcher of water when she saw Peck coming towards her. Palacio stepped into a doorway to allow Peck to pass. Peck passed through the doorway, lowering her shoulder into Palacio’s right shoulder as she passed. Palacio testified that, as a result of the blow, she spilled water on her pants and suffered contusions, a muscle sprain, and shoulder spasms. Palacio reported the incident to her supervisor, Anthony Enerio, who advised her to get a workers’ compensation examination if she was hurt. On Enerio’s advice, Palacio went to “U.S. Health Works” for a medical examination within hours of the incident. 2