D.M.

D.M. v. K.C. CA1/1

Good Law
Court of Appeal of CaliforniaAugust 26, 2021A161280California3,256 words

Opinion

Opinion

Sanchez, J.

I. FACTUAL AND PROCEDURAL BACKGROUND

We summarize the facts in the light most favorable to the judgment. (Brekke v. Wills (2005) 125 Cal.App.4th 1400, 1405 (Brekke).) K.C. and D.M. are neighbors who live directly across the street from each other. The parties

All undesignated statutory references are to the Code of Civil

Procedure. 2 We refer to the parties and witnesses by their initials to protect their

privacy. (California Rules of Court, rule 8.90(b)(5)).

1 had no interactions prior to April 18, 2019. At around 10:00 p.m., D.M. and A.M. were inside their home when they looked across the street and saw K.C. hit, shove, and slap her 12-year-old stepson in her kitchen. A.M. also saw K.C. shove a plastic or glass bottle at her son, striking her son’s face. D.M. called Child Protective Services (CPS), who advised him to call the police. While he was on the phone with the police, A.M. and a neighbor witnessed K.C. slap her son across the face. D.M. and the neighbor ran across the street to stop her. K.C. yelled at them stating: “You just stand [there] and judge me and yell at me. I’ve lived with him for a year. You don’t know.” The police arrived. When D.M. and the neighbor…

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