Spadaro v. Riverside County Dept. of Animal Services CA4/2 ( 2015 )


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  • Filed 6/11/15 Spadaro v. Riverside County Dept. of Animal Services CA4/2
    NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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.
    IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
    FOURTH APPELLATE DISTRICT
    DIVISION TWO
    CHARLOTTE SPADARO,
    Plaintiff and Appellant,                                        E058093
    v.                                                                       (Super.Ct.No. RIC10008502)
    RIVERSIDE COUNTY DEPARTMENT                                              OPINION
    OF ANIMAL SERVICES et al.,
    Defendants and Respondents.
    APPEAL from the Superior Court of Riverside County. Gloria Trask, Judge.
    Affirmed.
    Charlotte Spadaro, in pro. per. for Plaintiff and Appellant.
    Pamela J. Walls, County Counsel, and Raymond M. Mistica, Deputy County
    Counsel, for Defendants and Respondents.
    Plaintiff and appellant Charlotte Spadaro filed three separate complaints, later
    consolidated into a single master file by the superior court, alleging various causes of
    action against defendants and respondents Riverside County Department of Animal
    1
    Services (Department) and Robert Miller (Miller and, together with the Department,
    defendants) related to the Department’s seizure of animals from her and issuance of 242
    citations against her for violations of the City of Riverside’s dog licensing laws. On
    December 19, 2012, the trial court dismissed all three complaints and entered judgment
    in favor of defendants. Plaintiff has appealed with respect to the dismissal of two of her
    three complaints.
    Plaintiff, who is a former lawyer1 and represents herself in this appeal, has failed
    to provide an adequate record to demonstrate error, and largely fails to articulate cogent
    arguments as to why the trial court’s judgment should be reversed. (See City of Santa
    Maria v. Adam (2012) 
    211 Cal.App.4th 266
    , 286-287 (City of Santa Maria) [“to
    demonstrate error, an appellant must supply the reviewing court with some cogent
    argument supported by legal analysis and citation to the record”].) To the extent coherent
    claims of error may be gleaned from plaintiff’s briefing, those claims are without merit.
    We affirm.
    I. FACTS AND PROCEDURAL BACKGROUND
    The register of actions indicates that plaintiff filed three separate complaints, later
    consolidated by the trial court, the first of which was filed May 5, 2010 (case No.
    RIC10008502); the second on August 16, 2010 (case No. RIC10016299); and the third
    on October 5, 2010 (case No. RIC10019580). Plaintiff failed to designate any of the
    1 The State Bar of California’s website indicates that plaintiff was disbarred on
    July 6, 2013. (71
    Cal.App.4th 618
    , 620, fn. 1.) Application of this principle is fatal to plaintiff’s appeal.
    In an appeal claiming that the trial court erred by dismissing a complaint, a copy
    of the complaint itself is obviously an essential part of the record. In its absence, we
    must assume whatever is necessary to affirm the trial court’s dismissal was included (or
    absent from) the complaint. (See City of Santa Maria, supra, 211 Cal.App.4th at p. 286
    [“The most fundamental rule of appellate review is that a judgment is presumed correct,
    all intendments and presumptions are indulged in its favor, and ambiguities are resolved
    in favor of affirmance.”].) Plaintiff’s failure to include her complaints in the record,
    therefore, is an independently sufficient basis for affirming the trial court’s judgment.
    Nevertheless, to the extent it is possible to do so, we discuss plaintiff’s asserted claims of
    error briefly below.
    B. The Trial Court Did Not Err by Addressing Defendants’ Motions in Limine.
    Plaintiff asserts that defendants’ motions in limine were in essence dispositive
    motions, and suggests that the trial court therefore erred by proceeding to rule on them.
    This argument rests on the proposition that “in limine motions are not designed to replace
    the dispositive motions prescribed [by] the Code of Civil Procedure . . . .”
    Even accepting plaintiff’s premises, it does not follow that the trial court erred.
    Based on its inherent powers to control litigation and conserve judicial resources, the
    court may enter judgment in favor of a defendant whenever it has been demonstrated that
    a plaintiff has failed to state any cause of action, including on a motion in limine.
    5
    (Coshow v. City of Escondido (2005) 
    132 Cal.App.4th 687
    , 701.) Plaintiff has
    demonstrated no error.
    C. The Trial Court Did Not Err by Denying Plaintiff’s Requests for Continuance.
    Plaintiff further asserts that the trial court erred by failing to grant her a
    continuance of trial, both because she required more time to brief her response to
    defendants’ motions in limine, and because she needed more time to obtain and file the
    administrative record. We find nothing in the record tending to show that the trial court’s
    refusal to grant a continuance was an abuse of discretion. (See, e.g., Thurman v.
    Bayshore Transit Management, Inc. (2012) 
    203 Cal.App.4th 1112
    , 1126 [grant or denial
    of a continuance is committed to the sound discretion of the trial court].)
    There is no requirement that plaintiff be given any particular amount of time to
    respond to motions in limine. To the contrary, the California Rules of Court provide that
    “a motion in limine filed before or during trial need not be accompanied by a notice of
    hearing” and “[t]he timing and place of the filing and service of the motion are at the
    discretion of the trial judge.” (Cal. Rules of Court, rule 3.1112(f).) Moreover,
    defendants’ motions in limine were served on plaintiff by mail on October 25, 2012,
    plaintiff admitted receiving them by November 2 or 3, 2012, and the court did not begin
    to hear the motions until November 14, 2012. The trial court allowed plaintiff an
    additional time thereafter, until November 19, 2012, to file a written brief addressing any
    issues she wished, and did not rule on the motions in limine until receiving and reviewing
    the briefing plaintiff chose to submit on that date. The trial judge was well within its
    discretion to deny any further time for briefing on the motions in limine.
    6
    Neither do we find any abuse of discretion by the trial court in declining to allow
    plaintiff more time to obtain the administrative record. Plaintiff’s complaints were filed
    more than two years before the hearings on defendant’s motions in limine, yet there is
    nothing in the record suggesting that she ever attempted to obtain the administrative
    record, let alone that she made a written request that the record be prepared, pursuant to
    Code of Civil Procedure section 1094.6, subdivision (c). Again, the trial court was well
    within its discretion to deny any continuance.
    D. Plaintiff’s Malicious Prosecution Claim Was Properly Dismissed.
    Plaintiff suggests that the court should not have dismissed her malicious
    prosecution claim against Miller because an exception to governmental immunity applies.
    She does so, however, only by a series of rhetorical questions, and the bald assertion that
    she should be able to explore those questions at trial. She fails to make reference to any
    facts pleaded in her complaint, tending to show governmental immunity does not apply in
    this case. 2 She makes no reference to evidence she intended to present at trial that might
    tend to show Miller is not immune from liability. And the only case law she cites in
    support of her argument, Adkins v. State of California (1996) 
    50 Cal.App.4th 1802
    , deals
    with governmental immunity under the Emergency Services Act, Government Code
    section 8655, rather than the immunity provided by Government Claims Act—
    specifically, Government Code section 821.6—which is the applicable immunity here.
    Plaintiff has demonstrated no error.
    2 She could not, of course, cite to any such facts pleaded, since she failed to
    designate the complaints as part of the record on appeal.
    7
    E. Plaintiff’s Additional Arguments Are Summarily Rejected.
    To the extent plaintiff’s briefing may be construed to raise additional claims of
    error, other than those discussed above, those claims of error are not supported by cogent
    legal analysis and citation to the record. (See City of Santa Maria, supra, 211
    Cal.App.4th pp. 286-287.) On that basis, any arguments plaintiff may have intended to
    raise that we have not addressed herein are summarily rejected.
    III. DISPOSITION
    The judgment appealed from is affirmed. Defendants shall recover costs on
    appeal.
    NOT TO BE PUBLISHED IN OFFICIAL REPORTS
    HOLLENHORST
    J.
    We concur:
    RAMIREZ
    P.J.
    MILLER
    J.
    8
    

Document Info

Docket Number: E058093

Filed Date: 6/11/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021