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Richard Klingensmith v. Ronald Mikulaco

December 3, 2010

RICHARD KLINGENSMITH, PLAINTIFF AND RESPONDENT,
v.
RONALD MIKULACO, DEFENDANT AND APPELLANT.



The opinion of the court was delivered by: Blease , P.J.

Klingensmith v. Mikulaco CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(El Dorado)

----

Plaintiff Richard Klingensmith obtained a civil harassment restraining order against his neighbor, Ronald Mikulaco. (Code Civ. Proc., § 527.6.) In this pro se appeal from the order granting the restraining order, Mikulaco claims Klingensmith "used misleading information an[d] outright lies to obtain his restraining order."

We reject his contention and shall affirm the order.

BACKGROUND

At all times relevant to this appeal, Klingensmith and Mikulaco lived on adjacent parcels along Green Valley Road in El Dorado Hills. Klingensmith, a subtenant caretaker, had lived in a trailer on one parcel with several cats since 2002. Mikulaco purchased his property around 2004, and lived there with his daughter.

The relationship between the men began to deteriorate around 2007. Mikulaco came to believe that Klingensmith was growing and/or selling marijuana on the property, and was unhappy about it. In 2007, a county code enforcement official informed Klingensmith his trailer could not be occupied without permits or a septic system. Klingensmith removed the trailer, but reinstalled it soon thereafter in the same spot, together with a port-a-potty. When Mikulaco demanded Klingensmith "provide [him] something that allowed him to bring back the trailer," Klingensmith responded that, with the addition of the port-a-potty, his occupancy was legal.

Sometime in May 2009, shortly before events leading to Klingensmith's petition, an anonymous complaint was filed against Klingensmith with county code enforcement for occupying the trailer without permits. Klingensmith then filed a complaint against Mikulaco for operating an unpermitted fruit stand on his property.

On May 26, 2009, Mikulaco spoke with code enforcement officials, who told him Klingensmith did not have permission to reside on the property with an unpermitted trailer and no septic system.

Mikulaco then sent Klingensmith two text messages: "Just got back from county to address your complaint. Your residing ILLEGALLY out there. This means u r trespassing as defined by the codes concerning easements. I also found out u were ordered to REMOVE your trailer two years ago[]" and "You are a fucking asshole and everyone knows it." Mikulaco also sent Klingensmith a voice mail message that he did not appreciate Klingensmith filing a complaint against him.

To obtain proof that Klingensmith was living illegally in the trailer, Mikulaco went to Klingensmith's property with a camera later that day. Klingensmith called ...


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