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