Tanguilig

Tanguilig v. Valdez

Bad Law
248 Cal. Rptr. 3d 672·36 Cal. App. 5th 514
Court of Appeal of CaliforniaMay 20, 2019No. A151994California5,545 words

Opinion

Lead Opinion

Stewart, J.

*516 In this dispute between neighbors in the city of San Francisco, Steve Valdez, respondent to a petition for a restraining order filed by Feliciano Tanguilig under the Elder Abuse and Dependent Adult Civil Protection Act (Elder Abuse Act, Welf. & Inst. Code, § 15600 et seq. ), seeks reversal of the superior court's order, issued after a hearing on Tanguilig's petition, restraining Valdez from engaging in abusive conduct toward Tanguilig and Tanguilig's family members, all of whom lived next door to *517 Valdez, and ordering him to stay away from them. Valdez, appearing in propria persona, either contends or questions whether the court made three categories of reversible error at the hearing. These involve the court's consideration of statements by Tanguilig's son-in-law at the hearing; the burden of proof the court applied in reviewing the evidence; and the court's consideration, or lack of consideration, of Valdez's "mens rea." We conclude Valdez's arguments have been forfeited for failure to raise them first below, lack merit and/or are insufficient to affirmatively show error. Therefore, we affirm the order.

BACKGROUND

In April 2017, Tanguilig, then 74 years of age, filed…

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