Forrest B. v. Deborah B. CA1/1

Filed 3/11/22 Forrest B. v. Deborah B. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publi- cation or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or or- dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

FORREST B., Plaintiff and Respondent, A161531 v. DEBORAH B., (Contra Costa County Super. Ct. No. MSN20-1008) Defendant and Appellant.

Forrest B., age 82, petitioned for a restraining order under the Elder Abuse and Dependent Adult Civil Protection Act (Elder Abuse Act; Welf. & Inst. Code, § 15600 et seq.) alleging that his daughter, Deborah B., was abusive towards him. The trial court issued a three-year restraining order directing Deborah to stay at least 100 yards away from Forrest and move out of his residence. Deborah appealed the restraining order, arguing that the trial court abused its discretion. For the reasons set forth, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND On July 16, 2020, Forrest B. filed a petition for an elder abuse restraining order against his daughter, Deborah B., who had moved into his residence six months earlier with his ex-wife. Forrest’s petition alleged that on the morning of July 2, 2020, Forrest walked into the kitchen to receive the breakfast Deborah had made for them. Forrest scooped some potatoes into his coffee cup and was heading back to his

bedroom when he heard Deborah’s angry voice behind him yelling that he took too much food and to give it back. Deborah caught up with Forrest as he made his way to his room with the cup of potatoes. As Forrest entered his room, Deborah used her left hand to pull on the cup and her right hand with her fingers on Forrest’s forehead to pull him backward, causing him to fall onto his back. Forrest’s son, Kevin, then came into the room to check on his father while Deborah took a video of Forrest on the floor. Forrest suffered pain and a sprain from the fall. Forrest also claimed in his petition that Deborah yelled at him almost daily and called him an “asshole” and a “ ‘real motherfucker.’ ” When angry, Deborah would expose herself to Forrest. About a week before, Deborah mooned Forrest and his ex-wife. Forrest stated although Deborah moved in with him six months ago, she actually lives in El Dorado County. Attached to the petition is a blurry picture of someone lying on the floor next to a bed, presumably Forrest, and a screenshot of a text message. On July 16, 2020, the trial court granted a temporary elder abuse restraining order and ordered Deborah to move out of Forrest’s residence and stay at least 100 yards away from him. In her response to Forrest’s petition, Deborah offered a different version of the falling incident. Deborah claimed Forrest had helped himself to “3/4 of the pan of potatoes” she was preparing for herself and her mother, Forrest’s ex-wife. After noticing Forrest had taken so much food, Deborah followed him, asking him to give back some of the potatoes as he made his way back to his bedroom. Upon entering the doorway of his room, Deborah claimed Forrest slipped and fell onto his back on his own accord. Deborah said Forrest was wearing loafers that were “too large for him with poor traction,” and that he had a history of falling. She denied touching him at all.