Malinowski

Filed 8/22/

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

KAMILA MALINOWSKI,

Plaintiff and Appellant,

A167187

v. JUSTIN MARTIN, (San Mateo County Super. Ct. No. 21-FAM-01531) Defendant and Respondent.

Kamila Malinowski appeals from the trial court’s denial of her request to include her two children as protected parties under an existing domestic violence restraining order (DVRO) under the Domestic Violence Prevention Act (DVPA; Fam. Code, § 6200 et seq.)1 against the children’s father, Justin Martin. Malinowski claims that Martin abused the children during several visitation exchanges in 2021, and that these events, along with the children’s reports of other alleged abuse, were captured on video by a vehicle “dash cam.” Among other things, Malinowski contends the dash cam videos were erroneously excluded at trial because the videos did not, as the trial court found, record “confidential communications” within the meaning of the California Invasion of Privacy Act (Privacy Act; Pen. Code, § 630 et seq.), and

* Pursuant to California Rules of Court, rules…