Tobias v. Franke CA2/6

Filed 12/19/23 Tobias v. Franke CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

RENEE LYNN TOBIAS, 2d Civ. No. B324632 (Super. Ct. No. 22FL-0113) Plaintiff and Appellant, (San Luis Obispo County)

v.

JON ALBERT FRANKE,

Defendant and Respondent.

Renee Lynn Tobias appeals from a judgment of dismissal and an order of the superior court denying her request for a domestic violence restraining order (DVRO). (Fam. Code, § 6200 et seq.)1 We conclude, among other things, that the trial court did not abuse its discretion in denying her request and Tobias has not shown error. We affirm. FACTS Jon Albert Franke and Tobias began living together on May 15, 2019, and moved into Franke’s home in Pismo Beach. Franke

1 All statutory references are to the Family Code.

owned the home at that time outright with no mortgage. The couple became engaged in June 2020. Franke gifted Tobias a 10 percent interest in the residence as part of an agreement that required the parties to not reside in the property and to work together to facilitate its sale. In the first week of June 2020, the parties moved to Ontario, Canada. On February 27, 2021, the parties ended their relationship and cohabitation. Franke claimed Tobias took his 2011 Lexus from his home in Canada without his permission and had it shipped to California. He filed a criminal complaint against Tobias with the York Regional Police in Canada. Franke filed a partition action in the San Luis Obispo County Superior Court, seeking an order directing the sale of the Pismo Beach residence. Tobias’s default was taken in that action in January 2022. The Temporary Restraining Order In February 2022, Tobias filed a request for a temporary restraining order (TRO). She sought protection from Franke and possession of the Pismo Beach residence and the Lexus vehicle. The trial court issued a TRO, precluding Franke from being within 100 yards from either the residence or the Lexus. The TRO granted Tobias possession of the Pismo Beach real property and the Lexus pending a trial on the DVRO request. In August 2022, the trial court conducted a hearing on Tobias’s DVRO request. Tobias and Franke testified. Tobias invoked her Fifth Amendment right to not testify as to how she got the Lexus to California and whether she had any documentation from Franke authorizing her to take the vehicle. Tobias claimed the Lexus was at issue in a family law action in