Wagner v. Broderick CA2/1

Filed 4/29/16 Wagner v. Broderick CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

TRACY WAGNER, B260375

Plaintiff and Respondent, (Los Angeles County Super. Ct. No.YD054842) v.

AARON BRODERICK,

Defendant and Appellant.

Appeal from an order of the Superior Court of Los Angeles County. John A. Slawson, Judge. Affirmed. Tritt & Tritt and James F. Tritt for Defendant and Appellant. Law Offices of Robert Brode and Robert E. Brode for Plaintiff and Respondent. __________

Aaron Broderick appeals from the superior court’s grant of a domestic violence restraining order sought by Tracy Wagner, Broderick’s ex-wife. Because there was substantial evidence to support the court’s finding that Broderick disturbed the peace of Wagner, which constitutes an act of “abuse” under the Domestic Violence Protection Act, we affirm the order. FACTS AND PROCEEDING BELOW Tracy Wagner and Aaron Broderick were married on April 27, 2006. Their son, Jayden, was born in July 2007. They separated on October 20, 2008. On October 23, 2008, Wagner filed a petition for dissolution of marriage requesting joint legal custody and primary physical custody of their son, and visitation for Broderick. On May 5, 2011, after years of litigation, the court entered a stipulated judgment of dissolution which included provisions for custody and visitation. On October 3, 2014, Wagner filed an ex parte request for a domestic violence restraining order (DVRO), which was temporarily granted pending a hearing on October 23, 2014. On October 20, 2014, Broderick filed his response to the request for DVRO. On October 23, 2014, the court held a hearing on the request for DVRO. Wagner was represented by an attorney and Broderick represented himself. 1 At the hearing, Wagner testified that on 10 to 12 occasions, Broderick appeared to be photographing and/or videotaping her with his cell phone. Wagner explained that she was an assistant coach of Jayden’s soccer team, which met to practice on a weekly basis. Broderick would arrive at practice and place his cellular phone camera 10 inches away from Wagner’s face for a “couple of minutes,” appearing to videotape her. At the hearing, Broderick questioned Wagner, asking her if she had told anyone about his alleged videotaping. She responded affirmatively, noting that she had told her attorney and “other people that have noticed it.” Broderick then asked if Wagner recalled