Gabato

Gabato v. Fung CA1/5

Good Law
Court of Appeal of CaliforniaFebruary 23, 2024A165222California1,642 words

Opinion

Opinion

Burns, J.

BACKGROUND

The parties have been neighbors since Gabato moved into the house next door to Fung’s some 13 years ago. In March 2022, Fung petitioned for a civil harassment restraining order, alleging Gabato had assaulted and harassed her. Her supporting statement described a March 17 episode in which Gabato threw trash into her yard over the fence separating their properties, screamed at her, and called her names. Fung told Gabato “that she needs to trim her overgrown vegetation down to the fence

1 level as I am not her slave and should not be expected to clean her nuisance debris on an ongoing basis.” Gabato became aggressive, screaming and throwing trash, leaves, tree branches, paper towels, and weeds over the fence at Fung.

Fung also described other encounters with Gabato over the years. According to her narrative, in August 2020 Gabato assaulted and harassed her by throwing wet paper towels over the fence at her and shouting curses and insults. Fung reported this to the preschool where Gabato taught because “there is a ‘fitness’ issue/concern as to whether she should be entrusted to be with young children.” Earlier, in 2016 and again in 2017, Gabato sprayed her garden hose at…

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