Nararrete v. Rotter CA2/6

Filed 3/14/23 Nararrete v. Rotter CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

IRMA B. NAVARRETE, 2d Civ. No. B318422 (Super. Ct. No. 56-2021- Plaintiff and Respondent, 00558386-CU-HR-VTA) (Ventura County) v.

SAM ROTTER,

Defendant and Appellant.

Sam Rotter appeals a civil harassment restraining order issued in favor of Irma B. Navarrete, respondent. He also appeals from an order denying his special motion to strike the petition for a restraining order. (Code Civ. Proc., § 425.16, subd. (i).)1 In the trial court and on appeal, both parties appeared in

Unless otherwise stated, all statutory references are to 1

the Code of Civil Procedure.

propria persona. We affirm because appellant has failed to carry his burden on appeal. Procedural History In September 2021 respondent filed a petition for a civil harassment restraining order against appellant. The trial court issued a temporary restraining order. In November 2021 appellant filed a special motion to strike the petition pursuant to section 425.16, commonly known as the anti-SLAPP statute. A court trial was conducted in December 2021. The court denied appellant’s special motion to strike. It issued the requested restraining order. The order will expire on December 30, 2023. Trial Testimony Appellant did not testify and did not call any witnesses. Respondent testified as follows: She rented a room in her house to appellant. He moved in on October 31, 2020. Five days later, she asked him to move out. Appellant threatened, “‘I will beat you up.’” On November 27, 2020, he again threatened to beat her up. On December 3, 2020, appellant came to the house in the evening. He was accompanied by police officers. “[H]e start[ed] yelling and screaming that [respondent] took his belongings out [of his room].” He told the police that she had “kick[ed] him out when he already paid for the room.” Appellant kicked the front door of the house and threw a rock at it. The rock broke a glass window in the door. The officers appeared to leave. Using a metal object, appellant shattered two windows on the side of the house. He said to respondent, “I’m going to kill you.” Respondent called 911. Appellant was arrested.