Sutton v. Youngman CA2/6

CourtCalifornia Court of Appeal
DecidedNovember 21, 2022
DocketB317811
StatusUnpublished

This text of Sutton v. Youngman CA2/6 (Sutton v. Youngman CA2/6) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sutton v. Youngman CA2/6, (Cal. Ct. App. 2022).

Opinion

Filed 11/21/22 Sutton v. Youngman CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

NANCY SUTTON, 2d Civ. No. B317811 (Super. Ct. No. 21CV02734) Plaintiff and Respondent, (Santa Barbara County)

v.

MARGARET YOUNGMAN,

Defendant and Appellant.

NANCY SUTTON, 2d Civ. No. B317812 (Consolidated with No. Plaintiff and Respondent, B317811) (Super. Ct. No. 21CV02733) v. (Santa Barbara County)

LOREN YOUNGMAN,

Defendant and Appellant. Margaret and Loren Youngman appeal from an order granting Nancy Sutton’s civil harassment restraining orders against them. The Youngmans contend the restraining orders must be vacated because (1) their right to cross-examination was violated when two declarations were not served before the evidentiary hearing, (2) the orders are unnecessary because the alleged harassment ceased before the hearing, (3) there was insufficient evidence of harassment, and (4) the restraining orders are overbroad. We affirm. FACTUAL AND PROCEDURAL HISTORY Sutton and the Youngmans are neighbors. In July 2021, Sutton requested a civil harassment restraining order against the Youngmans alleging that they installed outdoor speakers which “daily broadcasted intermittent loud noises throughout the night.” Sutton also alleged the Youngmans placed a strobe light in their kitchen window “directly facing [Sutton’s] bedroom which intermittently flashed at all hours of the night.” In December 2020, the Youngmans allegedly replaced the strobe light and noises with an “amplified telephone ring which would sound outside for 30 seconds on and 30 seconds off every day throughout the day and night.” In July 2021, the Youngmans also allegedly installed flood lights that were pointed directly into Sutton’s bedroom window and installed a device which broadcasted loud buzzing sounds intermittently. At the evidentiary hearing, Sutton presented evidence, including eight declarations, photographs, and a flash drive containing 99 videos documenting the disturbances. The court allowed the Youngmans the opportunity to cross-examine Sutton’s declarants regarding their declarations.

2 The Youngmans did not receive the declarations of Kathleen Hunt and Dino Ohanian before the hearing. With respect to Hunt, the trial court observed that the declaration was “very short” and allowed the Youngmans to “take a few minutes to read it” before asking Hunt any questions. The Youngmans did so and asked Hunt several questions about her declaration. The court also asked Hunt one question. With respect to Ohanian, the court asked the Youngmans if they were ready to ask questions and asked if they needed “to take a few minutes to clear your thoughts” and “go to the lobby.” Mr. Youngman responded: “No. I’m okay.” The court also suggested, “when it’s your time to put on your case, you might want to tell me your side of this dispute. Would you like to do it that way or did you want to ask [Ohanian] any questions?” Mrs. Youngman proceeded to ask Ohanian several questions. The next day, the court allowed the Youngmans to make a statement regarding the credibility of Hunt and Ohanian. The hearing proceeded with the presentation of the Youngmans’ case. At the conclusion of the hearing, the trial court ruled in favor of Sutton. The court stated, it “seems clear that [the Youngmans] were harassing [Sutton] the way the phone is in the window, the noises that are coming out of the devices. It’s sort of shocking. . . . Usually neighbor disputes arise from misunderstandings of what the neighbors are doing, but in this case it seems clear that it’s deliberate express harassment. . . . [¶] And I think one of the reasons why the case didn’t settle is that [the Youngmans] are just not willing to come clean even though the evidence presented in open court is obvious that that’s what [the Youngmans are] doing.” The court found that “the Youngmans have engaged in a course—a knowingly and willful

3 course of conduct directed at Ms. Sutton. I find that it seriously alarms, annoys, and harasses her and serves no legitimate purpose. [¶] I did not find the Youngmans credible in their explanations for the constant repetitive noise and I do think it’s reasonable for a person to be suffering from that.” The court reasoned: “I feel like—if you’re not willing to come clean and say, ‘What we did was wrong. We apologize. We won’t do it again. We were upset about these things,’ then I would agree with Ms. Sutton that there’s no guarantee that you won’t do it again as soon as you walk out the court door. [¶] So an order is necessary.” The trial court granted a three-year restraining order, prohibiting the Youngmans from harassing, disturbing the peace, and contacting Sutton. The court ordered the Youngmans to stay at least three yards away from Sutton and her home and car. The court also issued an additional order to “stop all noise and light disturbances. Noise disturbances which are broadcasted by devices including but not limited to telephone ringing, buzzing, alarms, animal sounds, podcasts. Light disturbances like strobe and flood lights directed at [Sutton’s] bedroom window.” DISCUSSION Deficiencies in the brief As Sutton observes, the opening brief fails to include legal analysis and does not contain any citation to case authority. “Whether legal or factual, no error warrants reversal unless the appellant can show injury from the error.” (City of Santa Maria v. Adam (2012) 211 Cal.App.4th 266, 286.) “[T]o demonstrate error, an appellant must supply the reviewing court with some cogent argument supported by legal analysis.” (Id. at pp. 286- 287.) “[W]e may disregard conclusory arguments that are not

4 supported by pertinent legal authority or fail to disclose the reasoning by which the appellant reached the conclusions [they] want[ ] us to adopt.” (Id. at p. 287.) Because the brief fails to include proper legal analysis, we may disregard the arguments. (See People v. Freeman (1994) 8 Cal.4th 450, 482, fn. 2 [“To the extent [a party] perfunctorily asserts other claims without development . . . , they are not properly made, and are rejected on that basis”].) Despite the deficiencies in the brief, we nonetheless review the challenge to the restraining orders on the merits. Right to cross-examination The Youngmans contend their due process and Sixth Amendment right to cross-examination was violated because of Sutton’s failure to serve Hunt and Ohanian’s declarations before trial. We disagree. First, the Sixth Amendment right to confront witnesses only applies in criminal proceedings. (U.S. Const., 6th Amend.) “Although parties in civil proceedings have a right to confrontation under the due process clause, ‘[t]he Sixth Amendment and due process confrontation rights are not coextensive. [Citation.] Due process in a civil proceeding “is not measured by the rights accorded a defendant in criminal proceedings, but by the standard applicable to civil proceedings.” [Citation.]’ [Citation.] In civil proceedings such as this one, ‘“‘[d]ue process requires only that the procedure adopted comport with fundamental principles of fairness and decency. The due process clause of the Fourteenth Amendment does not guarantee to the citizen of a state any particular form or method of procedure.’” [Citation.]’ [Citation.]” (People v. Bona (2017) 15 Cal.App.5th 511, 520.)

5 Here, there was no due process violation.

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Bluebook (online)
Sutton v. Youngman CA2/6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sutton-v-youngman-ca26-calctapp-2022.