Klauber v. Marcus CA2/8

Filed 1/13/21 Klauber v. Marcus CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

JOCELYN MONTALBO B300461 KLAUBER, (Los Angeles County Plaintiff and Respondent, Super. Ct. No. 19STRO03589)

v.

MICHAEL P. MARCUS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of the County of Los Angeles, Gary D. Roberts, Judge. Affirmed.

Michael P. Marcus, in pro. per., for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Michael P. Marcus appeals the permanent restraining order granted in favor of Jocelyn Montalbo Klauber. He contends the trial court violated his right to due process by failing to grant a continuance of the hearing on Ms. Klauber’s petition. We affirm, finding Mr. Marcus has forfeited his claim of error by failing to comply with the basic rules of appellate procedure. BACKGROUND The record on appeal includes only the temporary restraining order, the permanent restraining order, the notice of appeal, the notice designating the record on appeal, and a reporter’s transcript of the hearing on the petition. Omitted from the record are the petition (which included numerous exhibits), Mr. Marcus’s response (which also included evidence), as well as Ms. Klauber’s supplemental filing (which included even more evidence). Without a complete record, we do not know everything that happened in the trial court. As best we can tell, Ms. Klauber’s boyfriend Darren Elliott and Mr. Marcus were roommates. Mr. Marcus and Mr. Elliott were involved in some sort of physical fight, resulting in a criminal case against Mr. Marcus. Also, Mr. Elliott sought to terminate Mr. Marcus’s tenancy, commencing an unlawful detainer action against him. It also appears Mr. Elliott sought a civil harassment restraining order against Mr. Marcus. In the context of these disputes, Mr. Marcus engaged in severe and vulgar online harassment of Mr. Elliott. Ms. Klauber became a target of Mr. Marcus’s online harassment after she testified against him in the criminal case. Mr. Marcus threatened to make her life a “living hell.”