Williams v. Long CA1/3

Filed 2/26/15 Williams v. Long CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

KIM D. WILLIAMS et al., Plaintiffs and Respondents, A140340 v. JAMES RALPH LONG, (Contra Costa County Super. Ct. No. N13-1395) Defendant and Appellant.

James Ralph Long appeals from a civil harassment restraining order, arguing that the lower court erred in denying his request for a continuance and in denying his request to use a settled statement as the record of oral proceedings conducted in the trial court. He also argues that the parties who sought the restraining order were untruthful, perpetrated a fraud on the court, and improperly evicted him from his home by using the civil harassment restraining order process instead of filing an unlawful detainer action. Although we agree with Long that the trial court should have granted his request for a settled statement, he is not entitled to relief on appeal. Long cannot be heard to complain about inadequacies in the record that could have been easily corrected if he had simply sought relief available to him under the rules of court applicable to appeals. Moreover, no purpose would be served at this point by requiring the trial court to prepare a settled statement. Even if we accept Long’s version of what transpired at the trial court hearing, the issues he raises on appeal simply question the credibility of the parties who sought the restraining order. Because it is not our role as a reviewing court to reweigh the evidence and resolve credibility issues, we affirm the order.

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FACTUAL AND PROCEDURAL BACKGROUND The record on appeal does not include a reporter’s transcript or other record of the oral proceedings conducted in the trial court. As a consequence, our recitation of the facts is limited to what is contained in documents filed in the trial court and included in the clerk’s transcript on appeal. On September 3, 2013, Kim D. Williams filed a request for a civil harassment restraining order directed at Long. Williams also sought protection on behalf of Deidre Mayes, who was identified as her aunt. As set forth in the request, Williams and Long resided at the same address—416 B Street in Richmond. Williams alleged that Long had “serious mental illness issues,” had destroyed property, was a danger to himself and others, kept weapons, punched holes in the walls, and urinated and defecated on the floor. Williams further alleged that, on August 31, 2013, Long had yelled and screamed at her, held a bat near her face, said he would kill Williams, broke glass, punched walls, and beat the furniture with a bat. She claimed to have called the police on that occasion. She further alleged that Long intimidated her on a regular basis and that she felt her life was threatened. Williams alleged that she owned the property at 416 B Street and wished to have Long removed from the premises. The trial court issued a temporary restraining order on the same day Williams filed the request for a civil harassment restraining order. The temporary restraining order directed Long to stay at least 100 yards away from Williams and Mayes, and it ordered Long to immediately move out of 416 B Street, with the condition that he could return only with police present to retrieve his possessions. The court set a hearing on the civil harassment restraining order for September 24, 2013. The hearing on the restraining order was held as scheduled. No court reporter was present at the hearing. The minute order from the hearing reflects that Williams, Mayes, and Long testified. At the conclusion of the hearing, the trial court granted the civil harassment restraining order. As set forth in the restraining order, which expires on September 24, 2016, Long was ordered to stay at least 100 yards away from Williams and Mayes. The order described Long as the roommate of Williams and directed Long to