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Leite v. Lamas

Leite v. Lamas
08:28:2006

Leite v. Lamas



Filed 8/23/06 Leite v. Lamas CA1/1






NOT TO BE PUBLISHED IN OFFICIAL REPORTS






California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FIRST APPELLATE DISTRICT



DIVISION ONE










TANIA MARIA LEITE,


Plaintiff and Respondent.


v.


ERIK LAMAS,


Defendant and Appellant,



A112441


(San Mateo County


Super. Ct. No. 086908)



Erik Lamas appeals in pro. per. from the granting of a domestic violence restraining order under which he is to stay away from his former girlfriend, respondent Tania Maria Leite, and must attend an anger management class. Leite, the nominal respondent in this case, also appears in pro. per. She joins in Lamas's appeal from the restraining order and disavows the sworn statements she made to the trial court that Lamas physically, sexually, and emotionally abused her over a period of several months. Finding that Lamas fails to meet his burden of demonstrating error, we affirm the trial court's order.


I. BACKGROUND


Leite submitted a declaration to the trial court describing Lamas's alleged domestic abuse. The declaration was handwritten on Judicial Council Form DV-100, and was signed under penalty of perjury by Leite on October 14, 2005.


Leite's declaration recounted the following facts: â€





Description Appeals in pro. per. from the granting of a domestic violence restraining order under which appellant is to stay away from his former girlfriend, respondent and must attend an anger management class. The nominal respondent in this case, also appears in pro. per. She joins in appeal from the restraining order and disavows the sworn statements she made to the trial court that appellant physically, sexually, and emotionally abused her over a period of several months. Finding that appellant fails to meet his burden of demonstrating error, court affirm the trial court's order.
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