Oldfield v. Pulver CA2/6

Filed 12/16/21 Oldfield v. Pulver CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

DAVID OLDFIELD, 2d Civ. No. B307849 (Super. Ct. No. 19CV05202) Plaintiff and Respondent, (Santa Barbara County)

v.

DAVID ERIC PULVER,

Defendants and Appellant.

David Oldfield and David Eric Pulver have known each other for decades. A few years after a contentious encounter at a 7-Eleven, they met at the Cold Spring Tavern (Tavern) in Santa Barbara. During a fight, which also involved James Robert Anderson, Oldfield threw Pulver into a creek bed. When Pulver emerged from the creek bed, he hit Oldfield over the head with a tree branch. Pulver claimed Oldfield punched him first, but Oldfield testified he was being restrained by a third party. Oldfield suffered a concussion and traumatic brain injury.

The trial court granted Oldfield’s petition for a three-year civil harassment restraining order against Pulver (Code of Civ. Proc., § 527.6),1 but observed “that the conduct of all of these parties is pretty reprehensible, and it reminds me of adolescent, junior high boys. And given the ages of the parties involved, certainly, they should have been exercising more maturity and better judgment than has occurred . . . .” Pulver contends the trial court erred in issuing the restraining order because he acted in self-defense and in defense of others, and because there was no evidence of a threat of future harm. We affirm. FACTUAL BACKGROUND Oldfield met Pulver through a mutual friend. Oldfield would “hang out” at Pulver’s upholstery shop and sometimes do odd jobs to earn extra money. He stopped going to the shop about 10 years before the fight occurred. A few years earlier, Oldfield saw Pulver at a 7-Eleven. Pulver testified that he invited Oldfield back to his shop, and that Oldfield was rude to him. Oldfield testified that Pulver called him “Oafie,” which he found offensive. Oldfield refused the invitation and walked off. James Robert Anderson met Oldfield through Pulver. In 2018, Anderson sold a motorcycle to Oldfield. Thereafter, the two had an ongoing, unresolved conflict regarding the motorcycle’s mileage. Oldfield filed a complaint with the Sheriff’s Office alleging Anderson’s harassment of him. Oldfield was frightened of Anderson and bought a can of pepper spray for protection. Anderson typically goes to the Tavern every Sunday. On August 25, 2019, he went there to meet friends. Anderson went