Loeffler

Loeffler v. Medina

Bad Law
174 Cal. App. 4th 1495·2009 Cal. App. LEXIS 974·95 Cal. Rptr. 3d 343
Court of Appeal of CaliforniaJune 18, 2009D053096California5,670 words

Opinion

Opinion

Irion, J.

William M. Medina appeals from an order denying his application to terminate a domestic violence restraining order issued under Family Code section 6345, subdivision (a) and requiring him to pay a portion of the attorney fees and costs of the prevailing party. Applying the standard applicable to motions to dissolve injunctions set forth in Code of Civil Procedure section 533, we conclude that the trial court was within its discretion to deny Medina’s application. We further conclude that the trial court properly awarded attorney fees and costs to the prevailing party under section 6344. Accordingly, we affirm the order.

I

FACTUAL AND PROCEDURAL BACKGROUND

Holly Loeffler and Medina began living together in 1995 in a home they purchased together in Jamul, California. Their relationship ended in 2001, and Loeffler remained in the house. In April 2001, based on Loeffler’s allegations about Medina’s behavior toward her, the trial court issued a restraining order pursuant to section 6340, restraining Medina from, among other things, contacting, harassing, threatening, or coming within 200 yards of Loeffler and her teenaged daughter. Pursuant to the statutory requirements for…

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