96 Cal.App.5th 616
Cal. Ct. App.2023Background
- L.O. petitioned under Code Civ. Proc. § 527.6 alleging Kilrain harassed her as a transgender person (YouTube videos, filming, an assault); court issued a TRO and after a hearing found L.O. credible and granted a 5-year restraining order.
- The City filed a workplace violence petition under § 527.8 on behalf of five employees alleging repeated aggressive and threatening conduct by Kilrain; a TRO issued and, after a hearing, the court found the employees credible and granted a 3-year workplace violence order.
- Trial court expressly rejected Kilrain’s claim that the allegations were politically motivated (mayoral election) and found no evidence of a conspiracy.
- Kilrain appealed both orders pro se, arguing they were erroneous and unsupported by substantial evidence.
- The Court of Appeal held Kilrain forfeited his appellate claims because his briefs failed to present a fair statement of the record and lacked required citations and reasoned legal argument; the restraining orders were affirmed and respondents awarded costs.
- The court granted unopposed motions to augment the record to include some trial court documents not in Kilrain’s original designation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of L.O.'s civil harassment order (§ 527.6) | L.O.: testimony and evidence show harassment on transgender basis | Kilrain: allegations driven by political agenda; court erred | Forfeited on appeal for lack of record citation; trial court credibility finding upheld and order affirmed |
| Validity of City workplace violence order (§ 527.8) | City: five employees offered credible testimony showing a credible threat of violence | Kilrain: challenges sufficiency of evidence | Forfeited on appeal; trial court's finding that conduct would make a reasonable person fear for safety upheld |
| Adequacy of appellate briefing / preservation | Respondents: appellate issues are forfeited if appellant fails to cite record and authority | Kilrain: raised errors but did not fairly state record or cite authorities | Held: appellant bears burden to show error; failure to support arguments with citations forfeits them |
| Credibility and political-motive defense | Respondents: trial court properly credited witnesses and found no conspiracy | Kilrain: evidence reflects political motive related to mayoral election | Held: trial court rejected political-motive theory; appellate court did not revisit credibility because appellant forfeited challenges |
Key Cases Cited
- Jameson v. Desta, 5 Cal.5th 594 (Cal. 2018) (appellant bears burden to show trial court error; presumption of correctness)
- Yield Dynamics, Inc. v. TEA Systems Corp., 154 Cal.App.4th 547 (Cal. Ct. App. 2007) (appellant must support each point with argument and citations)
- Nwosu v. Uba, 122 Cal.App.4th 1229 (Cal. Ct. App. 2004) (failure to cite record waives argument; attack on evidence without fair statement is disregarded)
- Benach v. County of Los Angeles, 149 Cal.App.4th 836 (Cal. Ct. App. 2007) (court will not construct appellant's arguments or search record for error)
- Del Real v. City of Riverside, 95 Cal.App.4th 761 (Cal. Ct. App. 2002) (appellate court not required to search the record for error)
- City of Los Angeles v. Herman, 54 Cal.App.5th 97 (Cal. Ct. App. 2020) (workplace violence orders reviewed for substantial evidence)
- City of San Jose v. Garbett, 190 Cal.App.4th 526 (Cal. Ct. App. 2010) (substantial-evidence standard applies to civil restraining orders)
- Rayii v. Gatica, 218 Cal.App.4th 1402 (Cal. Ct. App. 2013) (appellant who cites only favorable evidence waives insufficiency claim)
- Doe v. Roman Catholic Archbishop of Cashel & Emly, 177 Cal.App.4th 209 (Cal. Ct. App. 2009) (appellant must set forth and analyze all evidence, favorable and unfavorable)
- Badie v. Bank of America, 67 Cal.App.4th 779 (Cal. Ct. App. 1998) (failure to provide adequate briefing may result in waiver)