Brown v. Head CA4/1

Filed 9/20/23 Brown v. Head CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

LINDSAY M. BROWN, D080785

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2022- 00017950-CU-HR-EC) LISA HEAD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Mark T. Cumba, Judge. Affirmed. Timothy Riley Law and Timothy F. Riley for Defendant and Appellant. No appearance by Plaintiff and Respondent.

INTRODUCTION Lisa Head appeals from an order granting her former sister-in-law a three year civil harassment restraining order (CHRO), asserting substantial evidence does not support the order. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND On May 12, 2022, Lindsay M. Brown filed a request for a CHRO against Head, her former sister-in-law. In her supporting declaration, Brown set forth the following: Her estranged husband, Head’s brother, “murdered [her] boyfriend and then killed himself” in January 2022. Since then, Head “ha[d] been threatening and harassing [her] non-stop.” “On the day of the murder/suicide,” Head came to Brown’s home, “berating” and “cursing at” Brown in front of her children. Brown was “in shock” and “frightened by [Head’s] hostile and aggressive behavior.” She called the police. Head remained outside her home for “over 30 minutes” and left after officers arrived. Brown averred that she had received “hundreds of harassing and abusive messages” from Head and her “in laws” since her estranged husband’s suicide. In one text message, Head told Brown “she wished [Brown] would get hit by a bus.” In a text message sent to Brown’s sister, Head stated, “ ‘I wish my brother would of shot [Brown] instead.’ ” Brown attached screenshots of these and other text messages to her declaration. She stated she was “scared by [Head’s] threats and constant harassment,” which caused her “severe anxiety and stress” and made her afraid to leave her home. On May 12, 2022, the trial court granted Brown a temporary restraining order against Head, but denied her request to include her four minor children as additional protected persons. The court set a hearing on the CHRO request on May 31, 2022. On May 25, 2022, Head filed a response to the CHRO request, denying she had harassed or threatened Brown and stating she did “not plan on” having any contact, directly or indirectly, with Brown. She admitted she sent