R.People

R.People v. Quinn CA1/5

Good Law
Court of Appeal of CaliforniaAugust 27, 2021A161584California1,656 words

Opinion

Opinion

BACKGROUND

In October 2020, 84-year-old R.P. filed a petition for a restraining order against Quinn, his neighbor, under section 15657.03 of the Elder Abuse Act. The petition alleged Quinn had “recently threatened” R.P. and his 16-year-old

Undesignated statutory references are to the Welfare and Institutions Code. 1 grandson by saying, “ ‘I have a gun.’ ” The petition sought protection for R.P. as well as other family members, including R.P.’s wife and grandson. At the hearing, R.P. testified that he and Quinn share a common driveway that serves as the access point to four neighboring homes. On February 14, 2020, R.P. pulled into the driveway with his grandson and dog. He noticed Quinn standing at the end of the driveway with a cat. As R.P. was getting out of his truck, his dog started to run towards Quinn and the cat; the cat then ran away. R.P. called the dog off and gathered him, at which point Quinn had already walked up onto his own property. When Quinn “hollered down” the first time, R.P. did not hear what Quinn said. After R.P.’s grandson said, “ ‘I have a phone and I can call the sheriff,’ ” R.P. heard Quinn say, “ ‘I have a gun.’ ” R.P. then gathered his grandson…

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