Carson

Carson v. Leyva CA5

Good Law
Court of Appeal of CaliforniaJune 27, 2014F067556California461 words

Opinion

Opinion

BACKGROUND

Carson was a tenant in a house owned by Leyva. In his restraining order request, Carson alleged that Leyva was trying to force him out of the house by shutting off the utilities. Then, despite Carson still living there, Leyva arrived at the residence to show it to prospective renters. This resulted in a physical disturbance with police involvement. According to Carson, Leyva and three men attacked him and his elderly dog without provocation. However, the police report, attached as an exhibit to Carson’s request, also described Leyva’s side. Leyva claimed that Carson struck her first and she hit back in “self defense.” Leyva also stated she was under the impression that Carson no longer lived there. The trial court denied Carson’s request for a restraining order on the ground that the matter involved a landlord/tenant issue.

DISCUSSION

The basis for Carson’s appeal is unclear. He appears to be objecting to the trial court’s use of a form order. The court checked the boxes stating the request was denied for the reason that “Matter involves landlord/tenant and/or roommate issue.” Carson interprets this order as demonstrating that the trial court disregarded “any/all…

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