Vega v. Johnson CA2/3

Filed 1/7/16 Vega v. Johnson CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

CHARMENE M. VEGA, B259703

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. MQ010410) v.

PHILIP MARIO JOHNSON,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County,

Robert J. Palazzolo, Temporary Judge. Affirmed.

Charmene M. Vega, in pro. per., for Plaintiff and Appellant.

Philip Mario Johnson, in pro. per., for Defendant and Respondent.

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 (Pursuant to Cal. Const., art. VI, § 21.)

INTRODUCTION On April 22, 2014, appellant Charmene M. Vega obtained a five-year domestic violence restraining order against respondent Philip Mario Johnson. Johnson successfully moved to set aside the restraining order under Code of Civil Procedure1 section 473.5 because Vega failed to give him notice of the previously issued temporary restraining order and the April 22, 2014 hearing. Although the trial court granted Johnson’s motion to set aside the five-year restraining order on July 31, 2014, it reissued a temporary restraining order against him and reset the matter for a new hearing. After conducting an evidentiary hearing on September 25, 2014, the court denied Vega’s request on the merits, dissolved the temporary restraining order, and dismissed the case. Vega filed a notice of appeal from the court’s July 31, 2014 order setting aside the restraining order against Johnson, and the court’s September 25, 2014 order denying her renewed request. However, she only addresses the July 31, 2014 set-aside order in her appellate briefs. Finding no abuse of discretion, we affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Vega’s March 2013 and October 2013 Requests On March 4, 2013, Vega filed her first request for a restraining order against Johnson (Sup. Ct. Case No. MQ009463). The court issued a temporary restraining order and set the matter for a hearing. After both parties testified on March 27, 2013, the court dissolved the temporary restraining order and dismissed the case. The court noted that Vega had not met her burden of proof, and the case did not involve domestic violence issues. On October 28, 2013, Vega filed her second request for a restraining order against Johnson (Sup. Court Case No. MQ010091). The court issued a temporary restraining order against Johnson and set the matter for a hearing. The hearing was continued several times and eventually scheduled for March 4, 2014. Meanwhile,