Ambriz v. Cerda CA5

Filed 8/25/22 Ambriz v. Cerda CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JESSICA AMBRIZ, F083750 Respondent, (Super. Ct. No. 21CECG01813) v.

HECTOR ARMANDO CERDA, JR., OPINION Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Mark E. Cullers, Judge. Hector Armando Cerda, Jr., in pro. per., for Appellant. Michelle Pepper for Respondent. -ooOoo- Hector Armando Cerda, Jr., who has represented himself throughout these proceedings, appeals from a civil harassment restraining order that protects his niece, Jessica Ambriz, and her two children from him. Cerda contends the trial court erred in entering the order because he was acting out of his concern for the children’s safety as a

* Before Smith, Acting P. J., Snauffer, J. and DeSantos, J.

mandated reporter and, therefore, he is immune from liability and his contact with Ambriz and her children did not constitute harassment under the relevant statute. Cerda also contends the evidence does not support a finding that he harassed Ambriz and her children. While Cerda requested a transcript of the hearing on the restraining order, the hearing was not reported. Because Cerda did not provide any other record of the evidence presented at the hearing, such as a settled statement, he has failed to provide a sufficient record to permit this court to assess his claims on appeal. Given the lack of an adequate record, we must presume the evidence presented to the trial court at the hearing on the restraining order supports its issuance. We therefore affirm the order. FACTUAL AND PROCEDURAL BACKGROUND In June 2021, Ambriz requested the trial court to issue a civil harassment restraining order to protect herself and her two children from Cerda, who works as a social worker for the Fresno County Department of Social Services. In seeking the restraining order, Ambriz alleged Cerda had abused his position and power as a social worker to intimidate and threaten her by threatening to take her children away and continually demanding to see the child custody documents, which granted her sole custody of her children. Ambriz specifically alleged that over the course of a week, Cerda: (1) came to her home, demanded to see the children’s custody papers, asked if she would agree to a guardianship with him and his sister, and when she asked him to leave, he asked if she “knew who he was” and said he “better not find out something happened to the kids” in a threatening voice; (2) showed up at her home uninvited at nearly 11 p.m. and rang the doorbell, and while Ambriz did not answer the door, the family was scared and had a hard time sleeping; (3) the next day, she texted Cerda telling him to leave them alone and not to contact her anymore; and (4) Cerda then showed up at the children’s school and