Monti v. Pantoja CA4/1

Filed 7/21/23 Monti v. Pantoja CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

NANNETTE MONTI, D080253

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2022- 00003296-CU-HR-NC) EDELMIRA PANTOJA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Kelly Mertsoc, Commissioner. Dismissed. Edelmira Pantoja, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Edelmira Pantoja appeals from a civil harassment restraining order that for six months prevented her from contacting and/or harassing her prior tenant, Nannette Monti. The restraining order expired by its own terms in August 2022. Because the order is no longer in effect and no exception to the mootness doctrine applies, we dismiss the appeal as moot.

FACTUAL AND PROCEDURAL BACKGROUND Monti rented property from Pantoja until approximately October 2020. At some point after that, Monti’s daughter and her daughter’s fiancé began renting the same property from Pantoja. On January 5, 2022, Pantoja filed a petition under Code of Civil Procedure section 527.61 seeking a restraining order against Monti. She alleged that Monti had verbally threatened her.2 A few weeks later, on January 27, 2022, Monti filed her own petition under section 527.6 seeking a restraining order against Pantoja and alleging various forms of harassment.3 On February 14, 2022, the court held a hearing on Monti’s restraining order petition. Monti appeared, but Pantoja did not. After finding that Pantoja had been properly served and listening to argument, the court granted Monti’s petition for a restraining order against Pantoja to expire after six months on August 14, 2022. Less than one month later, Pantoja filed a notice of appeal.4