Marriage of Chapman
Filed 5/17/06 Marriage of Chapman CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION SEVEN
In re Marriage of DIANE and HENRY ROLAND CHAPMAN. ___________________________________ DIANE LOFTUS CHAPMAN, Respondent, v. HENRY ROLAND CHAPMAN, Respondent; BARBARA BROMAN, Appellant. | B182714 (Los Angeles County Super. Ct. No. BD403730) Gretchen W. Taylor, Temporary Judge (Pursuant to Cal. Const., art. VI, § 21) |
DIANE LOFTUS CHAPMAN, Plaintiff and Respondent, v. BARBARA BROMAN, Defendant and Appellant. | B183004 (Los Angeles County Super. Ct. No. SQ001606) Bobbi Tillmon, Temporary Judge (Pursuant to Cal. Const., art. VI, § 21) |
APPEALS from orders of the Superior Court of Los Angeles. Appeals dismissed.
Barbara Broman, in pro. per., for Appellant and for Defendant and Appellant.
No Appearance for Plaintiff and Respondent and for Respondent Diane Loftus Chapman.
No appearance for Respondent Henry Roland Chapman.
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Barbara Broman has filed separate appeals from a domestic violence restraining order under Family Code section 6200 obtained by Broman's sister Diane Loftus Chapman (B183004) and an order striking documents Broman filed in the marriage dissolution action pending between Chapman and her husband Henry Roland Chapman (B182714). We ordered the two appeals considered together. We now dismiss Broman's appeal from the domestic violence restraining order because it is moot and the appeal from the order striking documents in the marriage dissolution action because Broman lacks standing.
FACTUAL AND PROCEDURAL BACKGROUND
1. The Power of Attorney Granted Broman
Chapman filed a marriage dissolution action on March 15, 2004. On October 29, 2004 Chapman executed a general power of attorney appointing Broman as her attorney-in-fact because Chapman was scheduled to go into the hospital and wanted her sister, not the husband she was divorcing, to be responsible for her affairs if anything should happen to her. Chapman orally revoked the power of attorney on November 25, 2004, the day after she and Broman had attended a hearing in the dissolution proceeding during which Broman had acted irrationally and tried to substitute her own judgment for Chapman's. After the hearing Broman yelled at Chapman about the terms of the stipulation Chapman had agreed to and demanded she find new legal counsel.
Broman ignored the oral revocation and continued to represent herself as Chapman's attorney-in-fact. On December 6, 2004 Chapman executed a written revocation of the power of attorney, which was sent to Broman.
2. Broman's Conduct After the Power of Attorney Was Revoked
At the end of November 2004 Chapman was admitted to the hospital, where she remained for almost a month. During that period, without Chapman's authorization, Broman had the locks changed to Chapman's house and refused to relinquish the keys, reviewed Chapman's personal and financial records, incurred charges for work she decided should be done on the house and attempted to fire Chapman's family law attorney, Dena Kleeman. Broman also filed declarations in the dissolution action, in which she identified herself as Chapman's attorney-in-fact, and took issue with Kleeman's representation of Chapman and requested Kleeman be removed as Chapman's counsel. The declarations disclosed confidential information Broman had wrongfully obtained by claiming she had a valid power of attorney and contained false and inaccurate representations regarding Chapman's physical and mental health, finances and views on issues in the dissolution proceeding.
After Chapman was released from the hospital, Broman incessantly called Chapman, yelling at her when she answered the phone or repeatedly leaving messages if Chapman did not answer. The stress Broman's conduct caused Chapman exacerbated Chapman's health problems.
3. The Domestic Violence Restraining Order
Chapman filed a request for a domestic violence restraining order seeking, among other things, an order prohibiting Broman from harassing or contacting Chapman, an order that Broman stay at least 100 yards from Chapman and her home and an order that Broman â€
