Henry v. Drohan CA2/7

Filed 5/29/13 Henry v. Drohan CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

MARLO HENRY, B240190 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. BQ036192)

v.

SEAN B. DROHAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Holly J. Fujie, Judge. Affirmed.

Law Offices of Sanford L. Horn and Sanford L. Horn for Defendant and Appellant.

Christopher Brainard for Plaintiff and Respondent.

__________________________

INTRODUCTION The litigation involving this matter had its source in a purported broken romantic relationship which led to allegations of violence and a need for a restraining order from the Los Angeles County Superior Court. The gravamen of the issue on appeal pertains to who started the fight initially which resulted in the orders issued by the Superior Court and not whether a fight occurred. Ultimately, the trial court primarily emphasized the need for its orders and placed a secondary importance on just who initially perpetrated the fight, and the reliability of the evidence in support thereof. For the reasons hereafter explained, we affirm the judgment of the trial court. FACTUAL AND PROCEDURAL SYNOPSIS Marlo Henry (“Henry”) and Sean Drohan (“Drohan”) at one time lived together in a romantic relationship. In or about May of 2011 that relationship ended. The parties disagree over who perpetrated the end of the relationship, but it is clear from the record that the main incident which led to the filing of the petition for restraining orders occurred on February 5, 2012, which happened to be Superbowl Sunday. According to Henry, the incident started with a phone call from Drohan on February 5, 2012. Henry claimed she could see Drohan right outside her house on Hill Street in Monrovia as Drohan made the call to her. Henry claimed that Drohan was making numerous threatening calls to her and was posting threats and derogatory comments about her on Facebook. Henry testified that at the time of the incident in question she was living with two people. One was Ryan Smith (“Smith”) and the other one was Michael Ham (“Ham”). Henry further testified that both Smith and Ham went outside to ask Drohan to cease his conduct. When they returned to Henry’s house both were injured. The police were called and took statements from Drohan, Smith and Ham. Photos of the injuries to Smith and Ham were taken.