Cole v. Weightman CA2/8

Filed 6/28/13 Cole v. Weightman CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

AVALANE COLE, B240629

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SQ005405) v.

STEPHANIE COLE WEIGHTMAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. David J. Cowan, Judge. Affirmed.

Law Offices of Zolonz & Associates and Adam M. Zolonz for Appellant.

No appearance on behalf of Respondent.

__________________________

Stephanie Cole Weightman appeals from the Domestic Violence Restraining Order (Fam. Code, § 6200 et seq.) directing her to keep away from and not contact her mother, Avalane Cole. We affirm.

FACTS AND PROCEEDINGS

In February 2012, respondent Avalane Cole (mother) filed a request for a domestic violence restraining order against her daughter, appellant Stephanie Cole Weightman (daughter). In her supporting declaration filed with her request, mother, who had recently removed daughter as the successor trustee to mother’s trust, stated she was 92 years old and suffered from a “fragile heart condition.” Following her removal as trustee, daughter had called mother on the phone “repeatedly day and night, comes to my home . . . , threatens to have me declared incompetent and put me where no one will ever find me.” 1 Mother also declared that daughter demanded money and other property, and when mother did not comply daughter “screams at me and stomps around in an angry rage.” Mother stated “After every interaction with [daughter] I feel a severe pain in my chest and have to take nitroglycerine tablets to prevent a heart attack. I am terrified my daughter will hit me or kill me intentionally or cause me to have a heart attack during one of her frequent angry outbursts.” Mother requested that the court issue a restraining order directing daughter not to, among other things, harass, attack, or threaten mother, and not to contact mother, directly or indirectly, by any means, including by telephone. Mother additionally requested that the court order daughter to stay at least 100 yards from mother, mother’s home and car, and medical care facility. Daughter opposed mother’s request for a restraining order. At the court hearing on mother’s request, the court received into evidence transcripts of four phone messages daughter had left on mother’s answering machine which mother considered harassing or threatening or both. In these profanity-sprinkled