Cummins v. Lollar CA2/3

Filed 2/23/15 Cummins v. Lollar CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

MARY CUMMINS, B251854

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BS143169) v.

AMANDA LOLLAR,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Carol Boas Goodson, Judge. Affirmed. Mary Cummins, in pro. per., for Plaintiff and Appellant. Wilson, Elser, Moskowitz, Edelman & Dicker and Dean A. Rocco for Defendant and Respondent.

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Plaintiff and appellant Mary Cummins (Cummins), in propria persona, appeals an order denying her petition for injunction prohibiting harassment by defendant and respondent Amanda Lollar (Lollar). On the record presented, we perceive no error and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND 1. Proceedings which are the subject of the notice of appeal. On May 24, 2013, Cummins filed an application for a temporary restraining order (TRO) to enjoin harassment by Lollar. On the same day, the trial court issued a TRO, scheduled to expire at the end of the hearing scheduled for June 14, 2013. On July 1, 2013, the matter came on for hearing. There is no reporter’s transcript of the hearing. However, the minute order indicates Cummins was sworn and that she presented testimony and oral argument. Thereafter, the trial court denied Cummins’s petition for an injunction prohibiting harassment, granted Lollar’s request for attorney fees and ordered Cummins to pay Lollar’s counsel the sum of $6,350 within 90 days. (Code Civ. Proc., § 527.6, subd. (r).) On September 30, 2013, Cummins filed notice of appeal, specifying the July 1, 2013 “judgment after court trial.”1 2 2. Events subsequent to the July 1, 2013 hearing and order. On July 16, 2013, Cummins filed a motion for reconsideration. On August 15, 2013, Cummins filed an amended motion for reconsideration, which included a request for a new trial before a different judge.