Grant

Grant v. Clampitt

Good Law
1997 Cal. App. LEXIS 581·56 Cal. App. 4th 586·65 Cal. Rptr. 2d 727·97 Daily Journal DAR 9308·97 Cal. Daily Op. Serv. 5820
Court of Appeal of CaliforniaJuly 22, 1997B097161California2,168 words

Opinion

Opinion

Perez, J.

Defendant Ohma Rosemarie Clampitt appeals from the judgment enjoining her from harassing her neighbor, plaintiff and respondent Nettie L. Grant. For the reasons set forth below, we affirm but hold that enforcement of the judgment’s concomitant costs award is stayed pursuant to the automatic stay provisions of federal bankruptcy law. ( 11 U.S.C. § 362 (a).)

Facts and Procedural History

A noisy radio and a long-simmering feud between an elderly woman and her former landlord have combined to raise the following question of apparent first impression: Is an action for a civil harassment injunction (Code Civ. Proc., §527.6) subject to the automatic stay provisions ( 11 U.S.C. § 362 (a)) of federal bankruptcy law?

Only a brief summary of the facts is necessary. Plaintiff and respondent Nettie L. Grant used to live in a West Los Angeles apartment owned by defendant and appellant Ohma Rosemarie Clampitt. In 1988, when Grant testified against Clampitt in an action brought by a neighbor, Clampitt evicted Grant. Grant moved to an apartment building down the block. Clampitt also owned a duplex next door to Grant’s new apartment. In 1990, Clampitt moved into the upstairs unit of…

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