Cole

Cole v. Weightman CA2/8

Good Law
Court of Appeal of CaliforniaJune 28, 2013B240629California1,425 words

Opinion

Opinion

Rubin, J.

FACTS AND PROCEEDINGS

In February 2012, respondent Avalane Cole (mother) filed a request for a domestic violence restraining order against her daughter, appellant Stephanie Cole Weightman (daughter). In her supporting declaration filed with her request, mother, who had recently removed daughter as the successor trustee to mother’s trust, stated she was 92 years old and suffered from a “fragile heart condition.” Following her removal as trustee, daughter had called mother on the phone “repeatedly day and night, comes to my home . . . , threatens to have me declared incompetent and put me where no one will ever find me.” 1 Mother also declared that daughter demanded money and other property, and when mother did not comply daughter “screams at me and stomps around in an angry rage.” Mother stated “After every interaction with [daughter] I feel a severe pain in my chest and have to take nitroglycerine tablets to prevent a heart attack. I am terrified my daughter will hit me or kill me intentionally or cause me to have a heart attack during one of her frequent angry outbursts.” Mother requested that the court issue a restraining order directing daughter not to, among other things,…

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