Sandoval v. Masalta CA1/1

Filed 3/5/24 Sandoval v. Masalta CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

GLORIA CASTRO SANDOVAL, Plaintiff and Respondent, A167739 v. FLOYD MASALTA, (San Mateo County Super. Ct. No. 17-FAM-02440) Defendant and Appellant.

MEMORANDUM OPINION1 Defendant Floyd Masalta, appearing in propria persona, appeals from a trial court order granting the request of plaintiff Gloria Sandoval for a domestic violence restraining order (DVRO) against him under the Domestic Violence Prevention Act (Act) (Fam. Code, § 6200 et seq.). Masalta claims the court abused its discretion in various respects by issuing a DVRO and erred by awarding attorney fees to Sandoval.2 But he has failed to carry his appellate burden of demonstrating reversible error because he has not provided a record sufficient to evaluate the court’s rulings. (See Ballard v. Uribe (1986) 41 Cal.3d 564, 574.) Accordingly, we affirm.

1 We resolve this case by a memorandum opinion pursuant to

California Standards of Judicial Administration, section 8.1(2). 2 Sandoval did not file a respondent’s brief.

1

In 2016, Sandoval met Masalta, who was married, at the church they both attended. They dated for about 18 months. Sandoval testified that from the beginning of their relationship, Masalta was controlling and abusive, and he forced her to have sex with him. He also threatened her, including by indicating he would humiliate her in front of other church members if she left him. Sandoval testified that in September 2017, Masalta surprised her in a Costco parking lot and grabbed her cell phone when she tried to call for help. A bystander helped her retrieve the phone, and she called the police after she drove away and Masalta followed her. When the police arrived, Sandoval declined to have Masalta arrested. Later that month, however, she filed a DVRO request. A temporary restraining order issued, and Masalta was served with it on October 30, 2017. Sandoval testified that later that night, she learned he had sent a letter to their pastor and members of their congregation containing information that made her “distraught.” After this incident, Masalta sent her disturbing text messages and emails, and she worried that he was following her. In June 2018, Sandoval reported to the police that Masalta had violated the temporary restraining order, initiating a criminal case against him in Santa Clara County. Meanwhile, the hearing on Sandoval’s DVRO request was continued numerous times, including because of the criminal case and the COVID-19 pandemic, and did not occur until March 2023. At the March 2023 hearing, Sandoval testified to the incidents set forth above. She stated she had moved out of the area because she did not feel safe. Although she had not had any contact with Masalta since 2018, she was still afraid of him and worried that he would continue to harass her. Several