Robinson v. Charette
Filed 8/18/06 Robinson v. Charette CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
KELLIE ROBINSON, Plaintiff and Respondent, v. LARRY CHARETTE, Defendant and Appellant. | E039034 (Super.Ct.No. BCV8598) OPINION |
APPEAL from the Superior Court of San Bernardino County. John B. Gibson, Judge. Affirmed in part, reversed in part with directions.
Elbert W. Muncy, Jr., for Defendant and Appellant Larry Charette.
Law Offices of Fletcher, White & Adair and Paul S. White for Plaintiff and Respondent Kellie Robinson.
Defendant Larry Charette (Charette) appeals from an order granting Kellie Robinson's (Robinson) request for a Code of Civil Procedure section 527.6 (section 527.6) injunction against him. He challenges the trial court's decision on the grounds that his actions were proper and therefore could not be enjoined. Alternatively, he contends the injunction is overbroad.
PROCEDURAL BACKGROUND AND FACTS
On August 16, 2005, Robinson filed an ex parte Request for Orders to Stop Harassment against Charette. She claimed that since 2001, Charette has been following her, taking pictures of her, driving by her house and glaring at her, and watching her with binoculars from across fields. She also accused Charette of trying to run her husband off the road on two separate occasions. Because of Charette's actions, Robinson moved from Newberry Springs to Barstow, began seeing a psychologist, has suffered panic attacks, and began taking medication for depression and stomach disorders. Robinson listed specific incidents which she claimed amount to harassing acts by Charette.
On August 18, 2005, the ex parte order was denied and an order to show cause was set for September 12, 2005. On August 26, Charette answered Robinson's claims by denying her allegations. He claimed that if she felt â€