Cerda v. Cerda CA2/2

Filed 6/15/22 Cerda v. Cerda CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

DAVID CERDA, B312150

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 20AVRO01334) v.

ROBERT DAVID CERDA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Stephen T. Morgan, Judge. Affirmed.

Robert Cerda, in pro. per., for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Defendant and appellant Robert David Cerda1 appeals from a domestic violence restraining order (DVRO) issued against him for the protection of David Cerda, Patty Cerda, and Grace after a contested hearing. We affirm the order.

BACKGROUND David is Robert’s father. Patty is David’s wife. Grace is Robert’s minor daughter. In 2013, Robert was granted joint legal custody of Grace with Grace’s mother, Sally Talavera, in family law case No. MF006143.2 The April 11, 2013 custody order gave Talavera physical custody of Grace. Talavera subsequently relinquished physical custody of Grace to David and Patty, who were appointed as Grace’s legal guardians in 2015 in Los Angeles Superior Court case No. BP157995. In 2015, David and Patty obtained a five-year restraining order against Robert that expired in May 2020. David filed a petition for the DVRO that is the subject of this appeal in November 2020. At the February 5, 2021 and March 15, 2021 hearing on David’s DVRO petition, David, Patty, and Robert testified about incidents described in David’s declaration in support of the