Neff
Neff v. DeNoce CA2/4
Opinion
Opinion
Willhite, J.
INTRODUCTION
Defendant and appellant Douglas DeNoce appeals from an order denying a motion to dissolve a temporary restraining order (TRO) obtained by plaintiff and respondent Ronald Neff. Because the order from which DeNoce appeals extended the TRO only to February 21, 2014, a date which passed over six months ago, the instant appeal is moot, and accordingly, is dismissed.
FACTUAL AND PROCEDURAL BACKGROUND1
Neff filed a request for an order to stop civil harassment by DeNoce pursuant to section 527.6,2 along with an application for a TRO. Neff contended that DeNoce had stalked and harassed him. On December 13, 2010, the court granted the TRO, and has since renewed and modified it several times. On December 22, 2010, DeNoce filed a special motion to strike Neff’s petition pursuant to section 425.16, alleging that the true purpose of Neff’s petition seeking an injunction against harassment was to prevent DeNoce from prosecuting his various civil actions against Neff. The trial court denied DeNoce’s anti-SLAPP motion, and we affirmed the order on the ground that DeNoce failed to show that the challenged cause of action arose from protected activity. DeNoce subsequently filed a…