LaMonica v. LaMonica CA2/6

Filed 9/21/22 LaMonica v. LaMonica CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

LAWRENCE LAMONICA, 2d Civil No. B317131 (Super. Ct. No. 56-2021- Plaintiff and Respondent, 00559187-CU-PT-VTA) (Ventura County) v.

MICHELLE LAMONICA,

Defendant and Appellant.

Michelle LaMonica (Michelle) appeals from the judgment after the trial court granted Lawrence LaMonica’s (Lawrence)1 request for a restraining order pursuant to the Elder Abuse and Dependent Adult Civil Protection Act. (Welf. & Inst. Code,2 § 15600 et seq.) We affirm.

We refer to the parties by their first names to avoid 1

confusion. No disrespect is intended.

Further unspecified statutory references are to the 2

Welfare and Institutions Code.

FACTUAL AND PROCEDURAL HISTORY Lawrence and M.L. have been married for over 60 years. They are 86 years old and 83 years old, respectively. Michelle is the daughter of Lawrence and M.L. In October 2021, Lawrence petitioned for a restraining order against Michelle, protecting him and M.L. Lawrence filed a supporting declaration, in which he listed several alleged incidents of elder abuse by Michelle, including that she stole from them, “kidnapped” M.L., called the police on him multiple times, and showed up uninvited at his home “yelling and screaming” at him. Lawrence declared that he had previously filed a restraining order against Michelle in May 2020, and they stipulated to an agreement. Michelle agreed to not contact M.L. and to stay away from Lawrence and M.L.’s residence, unless the contact was approved by Lawrence. The agreement was set to expire in December 2022. Lawrence declared that in August 2021, Michelle violated the stay away order, “abducted” M.L. from his home, and took M.L. to her home in Northern California. During this time, Michelle had M.L., who suffered from dementia, execute a power of attorney authorizing Michelle to act on M.L.’s behalf. Michelle then attempted to file a restraining order, which was denied. A few months later, Michelle went to Lawrence’s home without notice and attempted to fire M.L.’s caregiver, Eunice Lopez. The day before the court trial, Michelle filed evidentiary objections to Lawrence’s declaration, moved to strike portions of his declaration, and moved for a nonsuit. The trial court ruled that Michelle’s evidentiary objections and supporting declarations were untimely.