Fear Not Law CA Unpub Decisions

C.M. v. G.M. CA4/2

Filed 10/9/26 C.M. v. G.M. CA4/2
CA Unpub Decisions

Filed 10/9/26 C.M. v. G.M. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

C.M.,

Plaintiff and Respondent, E086357

v. (Super.Ct.No. DVME2501965)

G.M., OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Sophia Choi, Judge.

Affirmed.

G.M., in pro. per., for Defendant and Appellant.

C.M., in pro. per., for Plaintiff and Respondent.

The family court issued a five-year domestic violence restraining order (DVRO)

protecting plaintiff and respondent C.O.M. (Wife) from her husband, defendant and

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appellant G.M. (Husband). (Fam. Code, § 6200 et seq.)1 On appeal, Husband raises

contentions pertaining to insufficient evidence, due process violations, judicial bias, and

errors admitting and excluding evidence. We affirm the order.

FACTS

On April 18, 2025, Wife applied for a domestic violence restraining order against

Husband, including requests for (1) a stay-away order; (2) a move-out order; (3) an

award of sole possession of three dogs; and (4) an order that Husband stay 100 yards

away from the three dogs. In a declaration, Wife asserted that, on April 17, 2025,

Husband demanded sexual intercourse. When Wife declined, Husband attempted to

take her telephone from her hands and was verbally abusive. The family court issued a

temporary restraining order.

The hearing on a permanent restraining order took place on June 16, 2025.

“[T]he court in the morning half of court session inquired of [Husband] as to a

continuance to exchange discovery, but he declined the continuance and indicated he

wanted to proceed with the trial. The court then placed the matter on second call for

both sides to exchange evidence and witness lists. [¶] The matter was recalled at 1:40

p.m., after the lunch break.”

Wife testified regarding the events of April 17, 2025, and to other acts of abuse:

(1) on February 16, 2025, Husband grabbed Wife’s throat; (2) since November 2024,

Huband has forced Wife to engage in anal intercourse; (3) on July 7, 2022, Husband

1 All subsequent statutory references will be to the Family Code unless
otherwise indicated.

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grabbed Wife’s arm and threw her to the ground causing a bruise; (4) on December 5,

2021, Husband shoved Wife into a car door; (5) Husband struck one of the dogs,

Ranger, with a belt; and (6) as to their dog Ghost, Husband punched the dog, threw

shoes at the dog, and threw the dog.

Husband also testified at the hearing, but the record does not include a summary

of the content of his testimony. As to Husband’s case, the record reflects, “[Husband]

presented evidence, through documents, that nothing was good enough for [Wife] and

that she was always in a bad mood.”

DISCUSSION

A. RECORD ON APPEAL

At the outset, we clarify the boundaries of the record on appeal, which includes a

clerk’s transcript and a certified settled statement.

1. SETTLED STATEMENT

On September 23, 2025, the family court filed an order on Husband’s First

Amended Proposed Settled Statement concluding that corrections were required. The

family court attached a modified settled statement to that order. On September 29,

2025, Husband filed a Second Amended Proposed Settled Statement.

The family court reviewed (1) the September 23, 2025, modified settled

statement, and (2) Husband’s September 29, 2025, Second Amended Proposed Settled

Statement. The family court certified the September 23, 2025, modified settled

statement for the record on appeal. (Cal. Rules of Court, rule 8.137(h); Branger v.

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Chevalier (1858) 9 Cal. 351, 351 [“The settled statement, until certified, is not

record”].)

Husband asserts that the family court certified his Second Amended Proposed

Settled Statement. Husband is mistaken. The family court’s order reads, “The court

certifies the statement provided in the court’s 1st Amended Order on [Husband’s]

Proposed Settled Statement, filed September 23, 2025. The court settles the statement

and certifies that it is ready to be sent to the Court of Appeal.” The statement provided

in the order on the First Amended Proposed Settled Statement is the September 23,

2025, modified settled statement.

In his briefing on appeal, Husband repeatedly cites the September 29, 2025,

Second Amended Proposed Settled Statement. We do not utilize the September 29,

2025, Second Amended Proposed Settled Statement because it was not certified by the

family court.

2. APPELLANT’S OPENING BRIEF

Husband attached multiple exhibits to his appellant’s opening brief. In our

review of the clerk’s transcript, we have been unable to locate exhibits that match those

attached to Husband’s opening brief. (Cal. Rules of Court, rule 8.204(d).) Accordingly,

we disregard the exhibits attached to Husband’s appellant’s opening brief.

B. SUBSTANTIAL EVIDENCE

Husband contends there is insufficient evidence he poses a “present credible

threat of future abuse.” A DVRO may be issued “to prevent acts of domestic violence,

abuse, and sexual abuse” (§ 6220), upon “reasonable proof of a past act or acts of

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abuse” (§ 6300, subd. (a); see also In re Marriage of Davila and Mejia (2018) 29

Cal.App.5th 220, 225-226).

Evidence of a “present credible threat” is not a requirement for issuing a DVRO

in California. (Fam. Code, §§ 6220, 6300; Gdowski v. Gdowski (2009) 175 Cal.App.4th

128, 137 [Family Code, section 6300 “require[s] a showing of past abuse, not a threat of

future harm”]; Nevarez v. Tonna (2014) 227 Cal.App.4th 774, 783 [only past abuse is

required for DVRO proceedings].) However, a person can be guilty of a wobbler

offense if he violates a DVRO by committing “an act of violence or ‘a credible threat’

of violence.” (Pen. Code, § 166, subd. (c)(4).) Because a “present credible threat” is

not a requirement for issuing a DVRO, we do not examine whether there is evidence to

support such a finding.

Husband also asserts that the family court erred by failing to make a “present

credible threat” finding. As explained ante, such a finding is not required for issuing a

DVRO. Therefore, the family court did not err.

C. HUSBAND’S EVIDENCE

Husband contends the family court erred by excluding evidence that was relevant

to Wife’s credibility. Specifically, Husband sought to present evidence that Wife “had

made nearly identical, unsubstantiated abuse claims in a prior proceeding.” The

certified settled statement does not include any information about credibility evidence

having been excluded. Therefore, due to the inadequate record, we are unable to review

this contention and must conclude the family court did not err. (In re Domestic

Partnership of Torres Campos & Munoz (2026) 118 Cal.App.5th 1112, 1126-1127.)

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D. DUE PROCESS

1. RIGHT TO PRESENT A DEFENSE

Husband contends the family court’s exclusion of his evidence amounted to a

denial of his due process right to present a defense. “ ‘In a contested restraining order

hearing, the trial court is tasked with protecting the fundamental due process rights of

self-represented litigants both seeking a restraining order or defending against the

request.’ ” (Cardona v. Soto (2024) 105 Cal.App.5th 141, 149.) “Due process requires

‘the right to be heard in a meaningful manner.’ [Citation.] ‘A meaningful hearing

requires an opportunity to examine evidence and cross-examine witnesses.’ ” (In re

Marriage of D.S. & A.S. (2023) 87 Cal.App.5th 926, 935.)

“As a general matter, the ‘[a]pplication of the ordinary rules of evidence … does

not impermissibly infringe on a defendant’s right to present a defense.’ [Citations.]

Although completely excluding evidence of an accused’s defense theoretically could

rise to this level, excluding defense evidence on a minor or subsidiary point does not

impair an accused’s due process right to present a defense.” (People v. Fudge (1994)

7 Cal.4th 1075, 1102-1103.)

Husband testified at the trial, which tends to indicate he gave testimony in his

defense. The record does not indicate the content of Husband’s testimony or what

transpired during his testimony. The record only reflects that Husband “presented

evidence, through documents, that nothing was good enough for [Wife] and that she

was always in a bad mood.” On this record, we do not know what, if any, evidence was

excluded and whether the exclusion would rise to the level of a constitutional violation.

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Therefore, due to the inadequate record, we must conclude the family court did not err.

(In re Domestic Partnership of Torres Campos & Munoz, supra, 118 Cal.App.5th at pp.

1126-1127.)

2. COURT REPORTER

Husband contends that the lack of a court reporter at the trial requires reversal

because there is no reporter’s transcript of what transpired at trial. Pursuant to

Riverside County Superior Court Rules, rule 5153(E), “The court no longer provides

court reporters for family law cases.” If Husband wanted a reporter’s transcript, then he

needed to arrange for a court reporter to serve at the trial. (Cal. Rules of Court, rule

2.956(c).) The family court did not err.

3. DISCOVERY DEADLINES

Husband contends the family court erred by permitting Wife to present evidence

that was not exchanged prior to trial in compliance with discovery deadlines.

“[D]iscovery pursuant to the Civil Discovery Act [citation], is not permitted” in DVRO

proceedings (§ 6309, subd. (b)), unless the family court grants a discovery request upon

a showing of good cause (§ 6309, subd. (c)(1)). There is no indication that Husband

made a request and established good cause for formal discovery. Therefore, there was

no violation of formal discovery deadlines.

Nevertheless, due process applies in DVRO proceedings, and due process

“ ‘requires an opportunity to examine evidence and cross-examine witnesses.’ ” (In re

Marriage of D.S. & A.S., supra, 87 Cal.App.5th at p. 935.) The family court asked

Husband if he wanted a continuance in order to exchange discovery, but he declined.

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As a result, the family court placed the trial on second call, giving Husband an

opportunity to examine Wife’s evidence during the break. Given that Husband was

offered a continuance and declined, we conclude the family court did not violate

Husband’s right to due process.

Husband contends the family court wrongly permitted Wife to withhold evidence

until trial, then “grant[ed] a recess to [let Wife] organize the surprise evidence, while

denying [Husband] a continuance to respond.” Husband’s recollection is belied by the

record. The record reflects, “[T]he court in the morning half of court session inquired

of [Husband] as to a continuance to exchange discovery, but he declined the

continuance and indicated he wanted to proceed with the trial. The court then placed

the matter on second call for both sides to exchange evidence and witness lists. [¶] The

matter was recalled at 1:40 p.m., after the lunch break.”

The record reflects Husband declined the court’s offer of a continuance.

Accordingly, we reject Husband’s assertion that the family court denied him a

continuance. The record reflects the recess was meant to benefit both parties in

exchanging discovery. Therefore, we reject Husband’s assertion that the recess was

meant to advantage Wife. The law does not permit discovery in DVRO proceedings

unless there is a showing of good cause. (§ 6309, subd. (b).) No such showing was

made in this case. Therefore, we reject Husband’s assertion that the family court

wrongfully allowed Wife to withhold evidence until the trial.

In Husband’s appellant’s opening brief, he cites Code of Civil Procedure section

1005 for legal authority. That statute pertains to noticed motions, which are often

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decided without an evidentiary hearing or trial. The statute provides, “Unless otherwise

ordered or specifically provided by law, all moving and supporting papers shall be

served and filed at least 16 court days before the hearing.” (Code Civ. Proc., § 1005,

subd. (b).) A related Rule of Court requires, “To the extent practicable, all supporting

memorandums and declarations must be attached to the notice of motion.” (Cal. Rules

of Court, rule 3.1113(j).)

By contrast, the Civil Discovery Act (Code Civ. Proc., § 2016.010 et seq.)

controls the exchange of evidence prior to trial. (Pillsbury, Madison & Sutro v.

Schectman (1997) 55 Cal.App.4th 1279, 1288.) In this case, there was a trial.

Therefore, it is the discovery rules that would control the exchange of evidence;

however, as explained ante, discovery is only available upon a showing of good cause

in DVRO proceedings. (Fam. Code, § 6309, subds. (b))&(c)(1).)

4. CUMULATIVE ERROR

Husband contends that when the foregoing alleged errors are added together,

they amount to a due process violation. We have not found an error, which means there

are no errors to add together. (See People v. Duff (2014) 58 Cal.4th 527, 562 [“In the

absence of error, there is nothing to cumulate”].) Husband’s right of due process was

not violated.

E. WIFE’S EVIDENCE

1. VIDEO

Husband contends the family court erred by admitting an edited video offered by

Wife because the editing caused the video to be misleading. Evidence Code section 356

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provides: “Where part of an act, declaration, conversation, or writing is given in

evidence by one party, the whole on the same subject may be inquired into by an

adverse party; when a letter is read, the answer may be given; and when a detached act,

declaration, conversation, or writing is given in evidence, any other act, declaration,

conversation, or writing which is necessary to make it understood may also be given in

evidence.” If Husband wanted to introduce the rest of the video or question Wife about

the rest of the video, then he likely could have done so. (Evid. Code, § 356.) The

family court did not err by admitting the edited video.

2. TESTIMONY

Husband contends the family court erred by permitting Wife “to testify about a

series of uncorroborated alleged incidents from 2021 through 2025, including serious

claims of sexual and physical abuse, without any supporting evidence beyond her own

testimony.” Husband asserts that the admission of the testimony violated Evidence

Code section 352 because it was uncorroborated and the incidents were remote in time.

The law pertaining to DVRO proceedings is as follows: “An order may be

issued under this part to restrain any person for the purpose specified in Section 6220, if

an affidavit or testimony and any additional information provided to the court pursuant

to Section 6306, shows, to the satisfaction of the court, reasonable proof of a past act or

acts of abuse. The court may issue an order under this part based solely on the affidavit

or testimony of the person requesting the restraining order.” (§ 6300, subd. (a), italics

added.) There is no requirement of corroboration in DVRO proceedings; the testimony

of the person seeking protection can be sufficient evidence to issue a DVRO. (§ 6300,

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subd. (a); In re F.M. & M.M. (2021) 65 Cal.App.5th 106, 119 [“In many domestic

violence cases, however, the sole evidence of abuse will be the survivor’s own

testimony which, standing alone, can be sufficient to establish a fact”].)

Turning to remoteness, DVRO proceedings require “reasonable proof of a past

act or acts of abuse.” (§ 6300, subd. (a).) Wife’s testimony that Husband abused her

from 2021 to 2025 was probative of an ongoing pattern of abuse that necessitated a

DVRO to “prevent acts of domestic violence, abuse, and sexual abuse.” (§ 6220.)

Thus, the family court did not err by permitting Wife to testify to the past acts of abuse.

F. HUSBAND’S DVRO REQUEST

1. PROCEDURAL HISTORY

Wife filed her request for a DVRO with a move-out order on April 18, 2025. On

April 24, 2025, Husband filed his own request for a DVRO and a request for control of

property, but neither of Husband’s filings is included in the record on appeal.

Husband’s and Wife’s requests were both heard on June 16, 2025.

The following is taken from the settled statement: “The [family] court found that

[it] must not issue mutual protective orders unless the court makes detailed findings of

fact that both parties acted as a primary aggressor and that neither party acted primarily

in self-defense. [(§ 6305, subd. (a)(2).)] The dominant aggressor is the person

determined to be the most significant. The court found [Husband] to be the dominant

aggressor.”2 “The [family] court found insufficient evidence of domestic abuse by

2 In the settled statement, there is a mixture of “primary aggressor” (Fam. Code,
§ 6305, subd. (a)(2)) and “dominant aggressor” (Pen. Code, § 836, subd. (c)(3)).

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[Wife] against [Husband] but found sufficient evidence of domestic abuse by [Husband]

against [Wife]. Accordingly, the [family] court denied [Husband’s] request for a

restraining order but granted [Wife’s] request for one.” “[Husband’s] requests for

orders re: property control, spousal support, mental health evaluations, and any other

requests in the requests for orders were denied.” The DVRO issued by the family court

included an order for Husband to move out of the residence he shared with Wife.

2. PRIMARY AGGRESSOR

Husband contends the family court erred in finding him to be the primary

aggressor (§ 6305, subd. (a)(2)), because the court excluded “all of his evidence

concerning [Wife’s] motive to fabricate allegations in the context of the pending

dissolution proceedings.” Per the settled statement, Huband testified at the DVRO

hearing. The record reflects, “[Husband] presented evidence, through documents, that

nothing was good enough for [Wife] and that she was always in a bad mood.” It is

unclear what Husband’s testimony entailed and what evidence was excluded. Because

we do not have an adequate record to know what evidence offered by Husband may

have been excluded, we must conclude the family court did not err. (In re Marriage of

Oliverez (2019) 33 Cal.App.5th 298, 312.)

Husband also asserts that the family court failed to make a finding that he was

the dominant aggressor. Contrary to Husband’s assertion, the minute order and certified

settled statement read, “The court found [Husband] to be the dominant aggressor.”

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3. JUDICIAL BIAS

Husband contends that the Honorable Sophia Choi was biased against him as

demonstrated by (1) her favorable rulings toward Wife, such as not requiring Wife to

comply with discovery deadlines, (2) the move-out order against Husband, and (3) the

denial of Husband’s request for control of property. “ ‘[A] trial court’s numerous

rulings against a party—even when erroneous—do not establish a charge of judicial

bias, especially when they are subject to review.’ ” (People v. Fuiava (2012) 53 Cal.4th

622, 732; see also In re Marriage of Tharp (2010) 188 Cal.App.4th 1295, 1328 [“[T]he

mere fact a judicial officer rules against a party does not show bias”].) Because

Husband’s contention of judicial bias is based upon rulings that were unfavorable to

him, his contention fails.

G. COMMUNITY PROPERTY

Husband contends the family court erred by ordering Husband to move out of the

home he shared with Wife because the court failed to preserve community assets.

Husband asserts he shares the mortgage with Wife; Wife stopped paying the mortgage;

and the house is at risk of foreclosure. Wife contends the house was at risk of

foreclosure at the time of the DVRO hearing.

With some statutory exceptions, community property is defined as “all property,

real or personal, wherever situated, acquired by a married person during the marriage

while domiciled in this state.” (§ 760.)

It is unclear from the record whether the house is community property. The

record does not include a finding from the family court that the house is community

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property. In Wife’s DVRO application, in the section for requesting a move-out order,

Wife marked the boxes next to (1) “I own the home,” (2) “My name is on the lease,” (3)

I have lived at this address for 3 years,” and (4) “I pay for some or all the rent or

mortgage.” The record does not indicate to whom the house belongs, which means the

record is inadequate to address Husband’s contention. Therefore, we must conclude the

family court did not err. (In re Domestic Partnership of Torres Campos & Munoz,

supra, 118 Cal.App.5th at pp. 1126-1127.)

G. CUMULATIVE ERROR

Husband contends that, cumulatively, the family court’s errors amount to a

miscarriage of justice requiring reversal. We have found no errors. Therefore, there are

no errors to cumulate. (See People v. Duff, supra, 58 Cal.4th at p. 562 [“In the absence

of error, there is nothing to cumulate”].)

DISPOSITION

The DVRO is affirmed. Respondent is awarded her costs on appeal. (Cal. Rules

of Court, rule 8.278(a)(1).)

NOT TO BE PUBLISHED IN OFFICIAL REPORTS.

MILLER
J.

We concur:

McKINSTER
Acting P. J.

CODRINGTON
J.

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