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People v. Clayburg
211 Cal. App. 4th 86
| Cal. Ct. App. | 2012
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Background

  • This appeal centers on the meaning of 'victim' in Penal Code section 646.9 for postconviction restraining orders.
  • The named stalking victim was B., appellant’s former husband, who shares a daughter with appellant, and a 10-year restraining order was issued restricting contact with the daughter.
  • Appellant challenged the restraining order on the ground that the daughter was not a named victim of the stalking under the first sentence of §646.9(k)(l).
  • The majority read the two sentences of §646.9(k)(l) together, harmonizing them to conclude the child could be protected as part of the 'wider net' of the statute.
  • Daughter suffered emotional harm from multiple incidents (threats, property damage, and fear) arising from appellant’s conduct toward the family, leading to a restraining order carried by daughter.
  • The court affirmed the judgment and held that a person who suffers emotional harm as the immediate family of a named stalking victim can be treated as a 'victim' for postconviction restraining orders.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether immediate family of a stalking victim is a 'victim' for postconviction restraining orders. Clayburg: daughter fits 'victim' under two-sentence reading and remedial purpose. Clayburg: only named victim qualifies; cannot extend to others. Yes; daughter is a victim for postconviction order.

Key Cases Cited

  • Almar Limited v. County of Ventura, 56 Cal.App.4th 105 (Cal.App.4th Dist. 1997) (educational point on interpreting living statutes and justice)
  • Unzueta v. Ocean View School Dist., 6 Cal.App.4th 1689 (Cal.App.4th Dist. 1992) (avoid dictionary-only statutory interpretation)
  • People v. O’Neal, 122 Cal.App.4th 817 (Cal.App.4th Dist. 2004) (emotional damage can render a non-named person a victim for restitution/relief)
  • People v. Gonzales, 43 Cal.4th 1118 (Cal. 2008) (statutory construction in pari materia and remedial aims)
  • In re Pedro T., 8 Cal.4th 1041 (Cal. 1994) (lenity applies when legislative purpose is unclear)
Read the full case

Case Details

Case Name: People v. Clayburg
Court Name: California Court of Appeal
Date Published: Nov 19, 2012
Citation: 211 Cal. App. 4th 86
Docket Number: No. B231263
Court Abbreviation: Cal. Ct. App.