Robles

Robles v. McErlain CA1/4

Good Law
Court of Appeal of CaliforniaMay 26, 2015A139333California6,540 words

Opinion

Opinion

I. FACTUAL AND PROCEDURAL BACKGROUND

McErlain and Robles are both residents of a condominium development in Burlingame, known as Park Plaza Towers. McErlain lives in one unit (# 305) and rents out another (# 104). Robles lives near McErlain’s rental unit.

1 A. The Original Civil Harassment Restraining Order The original civil harassment restraining order, which was issued pursuant to Code of Civil Procedure1 section 527.6, was in effect for a two year period starting in May 2011. Neither the original petition nor any evidence from the original proceeding has been included in the record. The order reflects that the matter was decided upon written stipulation of the parties. Pursuant to the parties’ stipulation, McErlain was ordered not to “[h]arass, attack, . . . threaten, . . . follow, stalk, . . . keep under surveillance, or block [the] movements” of Robles. He was further ordered not to “directly or indirectly” contact Robles or “telephone, send messages, mail, or e-mail” to her. McErlain was also ordered to stay at least 10 feet away from Robles, her home, and her vehicle. Additionally, McErlain was ordered not to take “pictures” of Robles during the time the restraining…

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