Blackburn v. Alarcon CA2/1

Filed 12/17/20 Blackburn v. Alarcon CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

DAVID RICHARD BLACKBURN, B302746

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 19STFL02659) v.

TANIA OLIVA ALARCON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Rolf M. Treu, Judge. Affirmed. Law Office of Benjamin Kanani and Benjamin F. Kanani for Defendant and Appellant. The Broadway Law Firm and Anthony J. Catena for Plaintiff and Respondent. _________________________

The superior court issued a domestic violence restraining order (DVRO; Fam. Code, § 6200 et seq.) protecting David Richard Blackburn and his two children from his estranged wife, Tania Oliva Alarcon. The court denied Alarcon’s competing request for a DVRO. Alarcon appealed. For the reasons below, we affirm the order. BACKGROUND Blackburn and Alarcon married on February 24, 2018. Approximately one year later, Blackburn informed Alarcon that he planned to end their marriage. In response, Alarcon moved out of the residence. Afterward, a series of altercations ensued between the parties. On March 7, 2019, Blackburn filed a request for a DVRO to protect himself and his two children from a prior marriage (ages 9 and 12). Alarcon filed a DVRO request on April 29, 2019. The trial court conducted a trial on October 2, 2019, to adjudicate both petitions. The court heard testimony from Blackburn, his former tenant Carola Bianchi, his companion Michelle Vega, and Alarcon. A. February 9, 2019, Incident1 Blackburn’s evidence showed that on February 9, 2019, Alarcon entered his home at approximately 3 o’clock in the morning. She engaged in an argument with Vega, pulling her hair and attempting to block her from descending the staircase.