Lethermon v. Lawrence CA1/2

California Court of Appeal Jan 27, 2023 No. A161920Unpublished

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Holding. The appellate court affirmed the trial court's orders denying the appellant's request for a restraining order, granting the respondent's request for a restraining order, and dismissing a third case pursuant to the parties' stipulation. The court held that the appellant failed to demonstrate trial court error and that she could not appeal a dismissal to which she had consented.

Issues

Whether the trial court erred in its evidentiary findings and credibility determinations regarding competing requests for civil harassment restraining orders.
Whether the appellant demonstrated judicial bias or other legal error in the trial court proceedings.
Whether an order of dismissal entered pursuant to the parties' stipulation is subject to appellate review.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The powers to make factual findings, and to believe or disbelieve witnesses, belong solely to the trial court.”

“A party who consents to a trial court action cannot complain of error on appeal.”

Filed 1/27/23 Lethermon v. Lawrence CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

KIMBERLY PINSON- LETHERMON, A161920 Plaintiff and Appellant, v. (Alameda County SHARALYN LAWRENCE, Super. Ct. No. RG19034889) Defendant and Respondent.

SHARALYN RENEE LAWRENCE, Plaintiff and Respondent, A164153 v. KIMBERLY PINSON- (Alameda County LETHERMON, Super. Ct. No. HG19035385) Defendant and Appellant.

KIMBERLY PINSON- LETHERMON, Plaintiff and Appellant, A164268

v. (Alameda County ROBBIE WILSON, Super. Ct. No. RG19034896) Defendant and Respondent.

These consolidated appeals involve three related cases. Two neighbors who live across the street from each other, Kimberly Pinson-Lethermon and Sharalyn Lawrence, filed separate cases against each other in Alameda County Superior Court, each seeking a civil harassment restraining order against the other. The matters were heard together and, after taking evidence, the trial court denied Pinson-Lethermon’s request for a restraining order against Lawrence and granted Lawrence a restraining order against Pinson-Lethermon. Pinson-Lethermon also filed a related case against Lawrence’s ex-partner, Robbie Wilson, requesting a civil harassment restraining order against Wilson as well. The trial court dismissed that other case without prejudice on stipulation of the parties. Pinson-Lethermon now appeals the orders in all three related cases. We hereby consolidate the three appeals and affirm all three orders. BACKGROUND The record does not contain a complete set of the papers filed in support of Pinson-Lethermon’s request for a restraining order against Lawrence (at a minimum, missing is the petition itself, filed on September 12, 2019, and the register of actions). But from our review of the hearing transcript, it appears Pinson-Lethermon sought a restraining order against Lawrence principally based on allegations that Lawrence had been harassing her by filming Pinson-Lethermon at her home at various times, and also based on allegations Lawrence falsely accused her son of knocking Lawrence’s daughter off her bicycle. For her part, Lawrence sought a restraining order against Pinson- Lethermon based on allegations that Pinson-Lethermon had been verbally harassing her and her young daughter both in person and on social media, including with homophobic rants and threats of violence. She also alleged

Lethermon v. Lawrence CA1/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

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