Gong v. Mantovani CA2/3

Filed 1/25/16 Gong v. Mantovani CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

LINNEA GONG, B260502

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GS015613) v.

FRANS MANTOVANI,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mary Thornton House, Judge. Affirmed. Linnea Gong, in pro. per., for Plaintiff and Respondent. Hoglin & Fuqua and Christopher L. Hoglin for Defendant and Appellant.

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Defendant and appellant Frans Mantovani (Mantovani) appeals a civil harassment restraining order after hearing (Code Civ. Proc., § 527.6) obtained by plaintiff and respondent Linnea Gong (Gong).1 2 Mantovani attacks the sufficiency of the evidence to support the order. He contends his conduct did not rise to the level warranting the issuance of a restraining order, and that the trial court erred in granting a restraining order in the absence of any showing by Gong that she suffered significant emotional distress. We reject Mantovani’s challenges to the sufficiency of the evidence and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND On August 18, 2014, Gong filed a petition for a civil harassment restraining order against Mantovani. (The clerk’s transcript does not include a copy of the petition). On September 11, 2014, the matter came on for hearing. Both Gong and Mantovani testified. The evidence showed: Mantovani lives directly across the street from Gong. The harassment began when Gong parked her car in front of his house. He would shout profanities at her, such as “ ‘Fuck you, bitch,’ ” and was constantly saying, “ ‘I am going to get you. You’ll see. You’re going to get it.’ ” The most recent incident was on August 11, 2014. Mantovani came onto Gong’s driveway and started screaming at her while her truck was parked in her own driveway. He displayed his fist and screamed “ ‘Fucken bitch, you’ll see.’ ” He held a shiny metal object in his hand, but Gong could not see it clearly because she had retreated indoors and was peering through her wrought iron gate door. In addition, for the past year, Mantovani constantly photographed and videotaped Gong as well as her family and friends, sometimes standing in his driveway to do so.