Bridges v. Smith CA3

Filed 2/23/15 Bridges v. Smith CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Calaveras) ----

G.L. BRIDGES et al., C074704

Plaintiffs and Respondents, (Super. Ct. No. 12CH38185)

v.

BRIAN J. SMITH,

Defendant and Appellant.

After a two-day bench trial, Judge John G. Schwartz, in a minute order, granted plaintiffs, pursuant to Code of Civil Procedure section 527.6,1 a five-year civil harassment restraining order to stop defendant’s harassment of them, and also granted costs to plaintiffs. Before entering the formal order, Judge Schwartz retired and was

1 Undesignated statutory references are to the Code of Civil Procedure.

1

unavailable for further proceedings. Judge Thomas A. Smith then entered the formal order pursuant to section 635.2

On appeal, defendant claims the trial court (1) erred in denying him a mistrial, (2) erred in awarding attorney fees to plaintiffs, (3) granted the restraining order based on insufficient evidence, and (4) abridged defendant’s free speech rights. We agree the trial court erred in awarding attorney fees to plaintiffs under the authority of section 635 (and we strike that order), but otherwise we affirm the judgment (orders).

As alleged in plaintiffs’ request for orders to stop harassment, defendant Brian J. Smith purchased a property that plaintiff Michelle Carr-Bridges had previously managed; after Smith’s purchase, the former owner terminated its property management agreement with Carr-Bridges. Defendant Smith believed that Carr-Bridges was contractually obligated to evict his tenants after he acquired the property. When Carr-Bridges refused to do so, Smith embarked on a course of conduct to scare, harass, annoy, threaten and harm Carr-Bridges and her husband (the plaintiffs); such conduct included the making of threats, the defaming of plaintiffs and their business, and stalking (including via the Internet), over several years.