Goldwater
Goldwater v. Superior Court CA4/1
Opinion
Opinion
Do, J.
BACKGROUND
Goldwater’s writ petition arises from dueling requests for civil harassment restraining orders by two neighbors following a physical altercation. Goldwater lives in a condominium complex in Hillcrest with his two dogs. According to Goldwater, he was in a common area with his dogs when one wandered onto his neighbor’s patio. The neighbor’s boyfriend, Raphael Mena, was outside and Goldwater heard Mena attacking the dog. Goldwater and Mena have a history of confrontation, including a prior incident where both parties sought restraining orders against each other. Goldwater claims he went onto the neighbor’s patio to defend his dog, resulting in a physical fight between Goldwater and Mena. Goldwater states he was attacked by Mena, who would have “murdered” him by strangling him with a dog leash if two neighbors did not intervene to save him. Goldwater admits, however, that when the police responded, they arrested him and not Mena. Goldwater states he has since been informed that the District Attorney will not be pursuing charges against him. In an informal response to the petition, Mena denies Goldwater’s version of events. He claims Goldwater was the aggressor and asserts…