Robertson v. Ruffin CA2/1

Filed 8/17/23 Robertson v. Ruffin CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

KENNETH ROBERTSON, SR., B318042

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 21CMRO00669) v.

BOBBY RUFFIN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Emily T. Spear, Judge. Dismissed. Bobby Ruffin, in pro. per., for Defendant and Appellant. Kenneth Robertson, Sr., in pro. per., for Plaintiff and Respondent. __________________________________

Appellant Bobby Ruffin appeals the trial court’s denial of his motion to terminate an elder abuse restraining order issued against him on behalf of respondent Kenneth Robertson, Sr. Because the restraining order expired in February 2022 and Ruffin advances no reason for us to exercise our discretion to consider the denial of a motion to terminate an already terminated restraining order, we find his appeal moot and dismiss it.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Court Grants a Restraining Order On July 1, 2021, Robertson filed a request for an elder abuse restraining order against Ruffin. The request was accompanied by a signed declaration from Robertson, alleging that Ruffin, who was a member of the church where Robertson was a new pastor, has been “disrupting church and harassing members.” Robertson alleged two incidents: In April 2021, church members were having their temperature taken and, when it was time to take Ruffin’s temperature, Ruffin refused and “grabbed me by my arm real hard.” Also, during a June 2021 church meeting, Ruffin “became angry and started walking towards the deacon in a very aggressive ma[nn]er.” Robertson stepped in between Ruffin and the deacon and Ruffin “pushed the chair on me, hitting me on my legs.” Robertson alleged that as a result, he had “[s]oreness to my knees.” Robertson concluded he felt unsafe around Ruffin. Also accompanying the request were: (1) a letter addressed to Ruffin and signed by Robertson and four other individuals informing Ruffin that he was excommunicated; (2) an unsigned statement of Donald E. Harris (Chairman of the Deacon Board), recounting instances of Ruffin disrupting church