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P. v. Colosi CA2/6

P. v. Colosi CA2/6
By
08:06:2026

Filed 8/6/26 P. v. Colosi CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No.B348188
(Super. Ct. No. 25CV00684)
Plaintiff and Respondent, (Santa Barbara County)

v.

THERESA LYNN COLOSI,

Defendant and Appellant.

Theresa Lynn Colosi appeals the trial court’s order denying
her claim of exemption (Code Civ. Proc. section 703.520).
On January 30, 2025, the criminal court ordered appellant
to pay Cindy Hann victim restitution. Hann sought to enforce
the award by levying on funds held by the Santa Barbara
Superior Court. The court’s memorandum of garnishee stated it
held “interpled” funds in trust under case number 22CV04591
and would not release any funds without a court order.
Appellant filed a claim of exemption under Code of Civil
Procedure, section 703.520, citing multiple statutes and the
California Constitution. She alleged the “Santa Barbara Sheriff
unlawfully seized my personal property without a warrant and
must return it.” Hann filed a notice of opposition to appellant’s
claim.
At the August 6, 2025 hearing on appellant’s claim, she
asserted she was specially appearing because “[s]ervice was
defective.” The court denied appellant’s exemption claim.
DISCUSSION
Appellant contends the court lacked subject matter
jurisdiction because her appeal of the victim restitution order in
case number B340639 (People v. Colosi (Apr. 21, 2026, B340639)
[nonpub. opn.].) was pending when her claim of exemption was
denied.
Execution of a judgment of conviction is not stayed on
appeal absent a court order. (Pen. Code, §§ 1243, 1467.) A victim
restitution order is enforceable as if it were a civil judgment and
in the same manner as enforcement of any other money
judgment. (Pen. Code, §§ 1202.4, subd. (i), 1214, subd. (b).)
There was no order staying execution of the restitution order.
Appellant also contends the court lacked personal
jurisdiction because she was not given proper notice. Because
appellant has failed to cite the record to support her claim, she
has forfeited it. (L.O. v. Kilrain (2023) 96 Cal.App.5th 616, 620.)
DISPOSITION
The court’s order denying appellant’s claim of exemption is
affirmed.
NOT TO BE PUBLISHED.

CODY, P. J.
We concur:

YEGAN, J. BALTODANO, J.

2
Thomas P. Anderle, Judge
Superior Court County of Santa Barbara
______________________________

Theresa Lynn Colosi, in Pro. Per., for Defendant and
Appellant.
John T. Savrnoch, District Attorney of Santa Barbara,
Aaron Thomas Higa Corey, Senior Deputy District Attorney, for
Plaintiff and Respondent.

3





Description IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, 2d Crim. No.B348188 (Super. Ct. No. 25CV00684) Plaintiff and Respondent, (Santa Barbara County) v. THERESA LYNN COLOSI, Defendant and Appellant. Theresa Lynn Colosi appeals the trial court’s order denying her claim of exemption (Code Civ. Proc. section 703.520). On January 30, 2025, the criminal court ordered appellant to pay Cindy Hann
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