Filed 3/2/16 Harvell v. Paschal CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication 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 TWO

DARLENE HARVELL

Plaintiff and Respondent,

v.

MARCIA PASCHAL,

Defendant and Appellant.

 B258771

 (Los Angeles County

 Super. Ct. No. NQ020210)

APPEAL from an order of the Superior Court of Los Angeles County. Ana Maria 

Luna, Judge. Affirmed.

Marcia Paschal, in pro. per., for Defendant and Appellant.

No appearance for Plaintiff and Respondent.
2

Marcia Paschal (appellant) appeals from an order granting Darlene Harvell’s 

(respondent) request for a restraining order against appellant.

FACTUAL AND PROCEDURAL BACKGROUND

On August 7, 2014, respondent filed a request for a domestic violence restraining 

order against appellant. On the same date, a temporary restraining order against appellant 

was granted. A hearing was held on August 26, 2014. Both appellant and respondent 

appeared. The trial court granted respondent’s application and issued a restraining order 

against appellant.

On September 5, 2014, appellant filed a notice of appeal from the order.1

DISCUSSION

Appellant makes no factual or legal arguments in her brief. While she has

provided a brief statement of the case, her sections entitled “statement of the facts” and 

“grounds” are completely blank.

California Rule of Court, rule 8.204(a)(1) provides that each appellate brief must:

“(A) Begin with a table of contents and a table of authorities 

separately listing cases, constitutions, statutes, court rules, and other 

authorities cited;

“(B) State each point under a separate heading or subheading 

summarizing the point, and support each point by argument and, if possible, 

by citation of authority; and

“(C) Support any reference to a matter in the record by a citation to 

the volume and page number of the record where the matter appears.”

In addition, an appellant’s opening brief must provide a summary of the 

significant facts limited to matters in the record. (Cal. Rules of Court, rule 

8.204(a)(2)(C).)

 

1 We normally consider only matters that were part of the record when the judgment 

appealed from was entered. (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 

Cal.4th 434, 444, fn. 3.) Appellant has presented no argument as to why we should 

deviate from this rule in this matter, therefore we decline to consider the application to 

terminate restraining order filed on September 12, 2014.
3

Contrary to this rule, appellant has provided no table of authorities. Appellant has 

made no statement of facts and has presented no legal arguments. Appellant cites no 

legal authority. “Under the circumstances this court is under no obligation to consider 

further appellant’s assertions. [Citations.]” (People v. Woods (1968) 260 Cal.App.2d 

728, 731.)

“‘[T]he trial court’s judgment is presumed to be correct, and the appellant has the 

burden to prove otherwise by presenting legal authority on each point made and factual 

analysis, supported by appropriate citations to the material facts in the record; otherwise, 

the argument may be deemed forfeited. [Citations.]’ [Citation.]” (Salehi v. Surfside III 

Condominium Owners Assn. (2011) 200 Cal.App.4th 1146, 1161-1162.)

Under the circumstances, we must presume the trial court’s judgment to be 

correct. By failing to present any reasoned argument or legal authority, appellant has 

waived all arguments that the trial court erred in granting the restraining order. (Nelson 

v. Avondale Homeowners Assn. (2009) 172 Cal.App.4th 857, 862 [“‘When an appellant 

fails to raise a point, or asserts it but fails to support it with reasoned argument and 

citations to authority, we treat the point as waived. [Citations]’”].)

DISPOSITION

The order is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

____________________________, J.

CHAVEZ

We concur:

__________________________, P. J.

BOREN

__________________________, J.

HOFFSTADT