Tanguilig v. Valdez

Tanguilig, then 74 years old, sought a restraining order against his neighbor, Valdez, under Welfare and Institutions Code section 15657.03, alleging elder abuse. Tanguilig also sought protection for four members of his family, including his son-in-law Rutledge, all of whom lived in the same house. Tanguilig alleged that Valdez placed his trash cans in a way that blocked access to the Tanguilig driveway and that Valdez assaulted Tanguilig by spraying him with his garden hose through the fence. The court issued a temporary restraining order prohibiting Valdez from engaging in conduct that was abusive to Tanguilig but concluded Tanguilig had provided insufficient facts to support an order restraining Valdez from contact with others; besides family members, Tanguilig asserted that Valdez was harassing workers on his property. Valdez filed a response, denying Tanguilig’s allegations. The court, without swearing anyone in as a witness, heard from Valdez, Rutledge, and Tanguilig about what had occurred. The court found that Tanguilig had provided “reasonable proof by a preponderance of the evidence” of elder abuse and issued a three-year “no harassment” order against Valdez in favor of Tanguilig and the named family members. The court of appeal affirmed, rejecting arguments concerning the court’s consideration of statements by Rutledge; the burden of proof; and the court’s consideration, or lack of consideration, of Valdez’s “mens rea.” View "Tanguilig v. Valdez" on Justia Law