Washington v. Horvath CA4/1

Filed 6/27/13 Washington v. Horvath CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

CHRISTOPHER WASHINGTON, D061068

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2009-00070679- CU-HR-EC) HELEN HORVATH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Fredrick

Mandabach, Retired, Judge. Dismissed.

Helen Horvath, in pro. per., for Defendant and Appellant.

Defendant and appellant Helen Horvath, who is self-represented, purports to

appeal the superior court's denial of her motion to modify a restraining order enjoining

her from harassing plaintiff and respondent Christopher Washington. But that order is

not appealable. Further, the record reflects the restraining order, by its terms, has

expired. Accordingly, this court cannot provide effective relief from the order, and the

appeal is dismissed.

FACTUAL AND PROCEDURAL BACKGROUND

In November 2009, Washington filed a request under Code of Civil Procedure,1

sections 527.6 and 527.9 for a court order to stop Horvath's harassment of himself, his

wife and his daughter. Horvath noted that approximately one year earlier the court had