Remaklus v. Moss CA2/5

Filed 5/9/16 Remaklus v. Moss CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

LISA REMAKLUS, B265231

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SS025358) v.

RICHARD MOSS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Barbara K. Hammers, Judge Pro Tem. Affirmed. Richard Moss, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Defendant and appellant Richard Moss appeals from a restraining order issued against him under Code of Civil Procedure section 527.6,1 and in favor of plaintiff and respondent Lisa Remaklus. We affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff requested the trial court issue a restraining order against defendant.2 At the hearing on plaintiff’s request, the trial court stated that it read plaintiff’s “paperwork,” and “attempted to read as much [of defendant’s handwritten paperwork3 as it] could.” Defendant told the trial court that he does not type, and he could read the paperwork to the trial court “but the pictures almost say as much.” The trial court stated that it looked at the pictures, and read the back of them. Plaintiff testified defendant’s harassing behavior has escalated over the last four years; defendant threatened her with a saw, and threatened to kill her several times. Plaintiff filed a “Peeping Tom” report against defendant. She observed defendant chasing a female resident in her building down a pathway; arguing with himself; and threatening “to kill people.” Plaintiff testified that because of defendant’s conduct, she fears for her life. Jeffery Gund testified that on at least one occasion, defendant threatened to kill him. For approximately eight years, defendant has had loud outbreaks about once every one or two weeks. These loud outbreaks included “yelling at the top of his lungs, rantings . . .—most of [which were] nonsensical, many of them us[ing] four letter