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Patricia Pennington v. Betty Storey

May 26, 2011

PATRICIA PENNINGTON, PLAINTIFF AND RESPONDENT,
v.
BETTY STOREY, DEFENDANT AND APPELLANT.



Super. Ct. No. 10CP00228

The opinion of the court was delivered by: Butz ,j.

Pennington v. Storey 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant and appellant Betty Storey, appearing pro se, appeals from a three-year civil injunction prohibiting her from harassing or contacting plaintiff and respondent Patricia Pennington. (Code Civ. Proc., § 527.6, subd. (d).)*fn1 Storey's principal arguments are that (1) the injunction was not supported by clear and convincing evidence; (2) she was improperly barred from testifying; and (3) the trial judge was biased against her. We must affirm summarily, because Storey has not produced a record sufficient to enable appellate review of her arguments.

FACTUAL AND PROCEDURAL HISTORY

On March 18, 2010 (all further calendar dates are to that year), Pennington filed a petition for a temporary restraining order and injunction to prevent Storey from harassing her. Attached to the petition was a long list of incidents recounting Storey's frequent and repeated acts of harassment and intimidation of Pennington and her husband.

Patricia and Albert Lee Pennington (the Penningtons) and Storey live across the street from each other in the same residential mobile home park, Mobil Country Club. According to the petition, Storey embarked upon a two-year vendetta against Pennington and her husband Albert, which included filing frivolous complaints with the mobile home park; constantly taking pictures of the Penningtons' home, garage, vehicles, and trailer; threatening to call animal control when the Penningtons' dog barked; filing an unfounded complaint against Albert with the state contractor's license board; and filing a false complaint with a state agency against the Penningtons for having constructed additions to their home without a permit. The petition included declarations by several percipient witnesses, attesting to the truth of Pennington's allegations.

Storey filed a written response denying the allegations of harassment and explaining why the actions she took against the Penningtons were justified.

Trial and Judgment

The matter was tried before Commissioner Christopher Longaker on April 8. No reporter's transcript of the proceedings is included in the record.*fn2

At the conclusion of the hearing, Commissioner Longaker issued a three-year permanent injunction. The personal conduct order prohibits Storey from harassing, threatening, following, or contacting Pennington, or keeping her under surveillance. The order further commands Storey to stay at least three yards away from Pennington and her vehicle at all times.

Storey appeals from ...


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