Mitiku
Mitiku v. Bentley CA4/1
Opinion
Opinion
BACKGROUND
The limited record in this case shows that on November 4, 2020, after a hearing, the trial court issued a minute order denying Mitiku’s petition for a restraining order under Code of Civil Procedure section 527.6. The brief order indicates the parties were sworn to testify at the hearing and that Mitiku failed to meet his burden to prove the existence of harassment by clear and convincing evidence. Mitiku timely appealed from the order denying his petition.
DISCUSSION
Mitiku’s opening brief is difficult to understand but appears to argue that Mitiku and his family are the victims of ongoing harassment by a neighbor, Shandel Bentley. Without reference to any court records, Mitiku alleges that Bentley is a probationer who has been convicted of sex trafficking immigrants, like Mitiku’s family members, and that Bentley is pursuing Mitiku’s daughters and wife. Neither Mitiku’s brief nor the record before this court contains any explanation of what evidence was submitted in the trial court in support of his petition seeking to protect him from Bentley. It is a “cardinal rule of appellate review that a judgment or order of the trial court is presumed correct and prejudicial…