Wells Fargo Bank v. Mohazzabi CA2/5

Filed 1/10/22 Wells Fargo Bank v. Mohazzabi CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

WELLS FARGO BANK, N.A. B308081

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 20PSRO00945) v.

BEHROOZ MOHAZZABI,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, John A. Slawson, Judge. Affirmed.

Behrooz Mohazzabi, self-represented Appellant.

Severson & Werson, Jan T. Chilton and Kerry W. Franich for Respondent.

__________________________

INTRODUCTION Wells Fargo Bank, N.A. sought a restraining order under the Workplace Violence Safety Act, Code of Civil Procedure section 527.8, against Behrooz Mohazzabi on behalf of its employee, Lorena Ocana.1 The trial court granted Wells Fargo’s petition and enjoined Mohazzabi from contacting or approaching Ocana for two years. Mohazzabi appeals, arguing that the order was not supported by substantial evidence. We affirm. FACTS AND PROCEDURAL BACKGROUND 1. Mohazzabi’s Escalating Behavior Wells Fargo’s request for a workplace restraining order had its genesis in litigation Mohazzabi brought against Wells Fargo for an alleged fraudulent withdrawal from his account. In 2017, while the lawsuit was pending, Mohazzabi sent Wells Fargo an email threatening to harm himself. Mohazzabi’s claim against Wells Fargo was eventually arbitrated. In arbitration, Wells Fargo employee Lorena Ocana provided a declaration in support of Wells Fargo’s motion for summary judgment. Wells Fargo prevailed in the arbitration when the arbitrator granted summary judgment. Mohazzabi then filed a lawsuit against Ocana, claiming she had perjured herself in the declaration. Soon afterwards, Ocana and her husband began receiving telephone calls from a phone number, which Mohazzabi effectively admitted at the hearing was his.2 The caller did not speak English well, demanded to talk