M.P. v. S.B.

Full title: M.P., Plaintiff and Appellant, v. S.B., Defendant and Respondent.

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

Date published: Oct 20, 2011

B210702/B221008 (Cal. Ct. App. Oct. 20, 2011)

Opinion

B210702/B221008

10-20-2011

M.P., Plaintiff and Appellant, v. S.B., Defendant and Respondent.

BIGELOW

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct. No. PF002773)

ORDER MODIFYING OPINION AND

DENYING PETITION FOR REHEARING

[There is no change in judgment]

GOOD CAUSE appearing, the opinion filed September 29, 2011, in the above entitled matter is hereby modified as follows:

On page 2, second paragraph, which reads:

In late 2004, appellant moved out of the house, respondent sought a domestic violence restraining order against him, and he filed an OSC for custody and visitation with their son.

Should be deleted and be replaced with:

In late 2004, appellant moved out of the house following the issuance of a temporary restraining order directing him to vacate the family home, respondent sought a domestic violence restraining order against him, and he filed an OSC for custody and visitation with their son. On page 3, footnote 1 which reads:

The restraining order at issue in the 2007 appeal is not the restraining order at issue here, although in this appeal appellant reiterates his dissatisfaction with the objectivity of the bench officer who issued the earlier restraining order, the Honorable Aviva K. Bobb. In the earlier proceeding, appellant moved to disqualify Judge Bobb from hearing the domestic violence and custody matters because he was suing her in federal court. Judge Bobb denied the motion to recuse, a denial we affirmed in the 2007 appeal on both procedural and substantive grounds based on appellant's failure to file a writ challenging Judge Bobb's refusal to recuse herself, and on the lack of any evidence of bias by her. Should be deleted and be replaced with:

The restraining order at issue in the 2007 appeal is not the restraining order at issue here, although in this appeal appellant reiterates his dissatisfaction with the objectivity of the bench officer who issued the earlier restraining order, the Honorable Aviva K. Bobb. In the earlier proceeding, appellant moved to disqualify Judge Bobb from hearing the domestic violence and custody matters because he was suing her in federal court. Judge Bobb denied the motion to recuse, a denial we affirmed in the 2007 appeal. There is no change in judgment. The petition for rehearing is denied.

BIGELOW, P. J.

RUBIN, J.

GRIMES, J.