Avalos v. Perez, 196 Cal. App. 4th 773 (Cal. Ct. App. 2011). · Go Syfert
Avalos v. Perez, 196 Cal. App. 4th 773 (Cal. Ct. App. 2011). Cases Citing This Book View Copy Cite
55 citation events (55 in the last 25 years) across 2 distinct courts.
Strongest positive: Richins v. Ocasio CA1/5 (calctapp, 2026-05-05)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (rule) Richins v. Ocasio CA1/5
Cal. Ct. App. · 2026 · confidence medium
(Avalos v. Perez (2011) 196 Cal.App.4th 773, 776 (Avalos) [“As a general rule, a claim of error will be deemed to have been forfeited when a party fails to bring the error to the trial court’s attention by timely motion or objection”].) II.
discussed Cited as authority (rule) Perez v. Graham CA1/1
Cal. Ct. App. · 2024 · confidence medium
(See Avalos v. Perez (2011) 196 Cal.App.4th 773, 776 [claim of error forfeited when party fails to bring it to the trial court’s attention]; Crawley v. Alameda County Waste Management Authority (2015) 243 Cal.App.4th 396, 403, fn. 4 [declining to consider arguments raised for first time in a reply brief]; Hernandez v. First Student, Inc. (2019) 37 Cal.App.5th 270, 277 [when an appellant raises an issue but fails to support it with reasoned argument and citations to authority, the point is waived].) Viewing the evidence in the light most favorable to the trial court’s decision, we conclude …
discussed Cited as authority (rule) Molica v. Tempur-Sealy International CA1/2
Cal. Ct. App. · 2024 · confidence medium
(See Avalos v. Perez (2011) 196 Cal.App.4th 773, 776 [“As a general rule, a claim of error will be deemed to have been forfeited when a party fails to bring the error to the trial court’s attention by timely motion or objection”].) The argument is also belied by the record.
discussed Cited as authority (rule) Iovino v. JP Morgan Chase Bank, N.A. CA4/1
Cal. Ct. App. · 2022 · confidence medium
(See Avalos v. Perez (2011) 196 Cal.App.4th 773, 776 [“As a general rule, a claim of error will be deemed to have been forfeited when a party fails to bring the error to the trial court’s attention by timely motion or objection”].) Moreover, to allege economic damages after a deed of sale is recorded, a party must allege the wrongdoer is “a mortgage servicer, mortgagee, beneficiary, or authorized agent.” (Civ.
discussed Cited as authority (rule) People v. Sekerke CA4/1
Cal. Ct. App. · 2022 · confidence medium
(See Avalos v. Perez (2011) 196 Cal.App.4th 773, 776 [“As a general rule, a claim of error will be deemed to have been forfeited when a party fails to bring the error to the trial court’s attention by timely motion or objection”].) 15 Dan testified that the credit card issuer told him he could authorize Sekerke’s transaction without any liability, Dan came out of the office to find that Sekerke was still irate and belligerent, demanding the phone number for the corporate office, and cursing at the employees.
discussed Cited as authority (rule) Balakhane v. Sakhai CA2/4
Cal. Ct. App. · 2022 · confidence medium
(See, e.g., People v. Tindall (2000) 24 Cal.4th 767, 776, fn. 6 . [“a court’s act in excess of its jurisdiction is valid until set aside, and a party may be precluded from setting it aside, due to waiver, estoppel or the passage of time.”]; Avalos v. Perez (2011) 196 Cal.App.4th 773, 776 [“As a general rule, a claim of error will be deemed to have been forfeited when a 15 party fails to bring the error to the trial court’s attention by timely motion or objection.”].)8 DISPOSITION The order denying the Sakhais’ motion to vacate the court’s March 5, 14, and 29, 2018 orders is aff…
discussed Cited as authority (rule) In re A.M. CA1/5
Cal. Ct. App. · 2022 · confidence medium
(Avalos v. Perez (2011) 196 Cal.App.4th 773, 776 [“As a general rule, a claim of error will be deemed to have been forfeited when a party fails to bring the error to the trial court's attention by timely motion or objection.”].) In any event, the apparent purpose of the statute is to notify relatives of their 14 options to participate in the child’s care and placement, not to locate parents, and Mother fails to provide authority that this statute is relevant to the Agency’s reasonable diligence in locating her.
discussed Cited as authority (rule) Volpe Co. v. Sausal Corp. CA1/5
Cal. Ct. App. · 2021 · confidence medium
(Tellez v. Rich Voss Trucking, Inc. (2015) 240 Cal.App.4th 1052, 1066 [“ ‘ “ ‘points raised in the reply brief for the first time will not be considered, unless good reason is shown for failure to present them before’ ” ’ ”]; Avalos v. Perez (2011) 196 Cal.App.4th 773, 776 [“As a general rule, a claim of error will be deemed to have been forfeited when a party fails to bring the error to the trial court’s attention by timely motion or objection.”].) 13 “As a[] . . . hedge against nonperformance and incentive for completion, an owner may withhold a small percentage of th…
discussed Cited as authority (rule) Marriage of Jia & Liu CA2/8
Cal. Ct. App. · 2021 · confidence medium
The amount reimbursed shall be without interest or adjustment for change in monetary values and may not exceed the net value of the property at the time of the division.” (Italics added.) 8 Cal.3d 1130 , 1132 [appellant waived his objection to any errors in the statement of decision when he failed to object to its alleged deficiencies]; Avalos v. Perez (2011) 196 Cal.App.4th 773, 776 [a party forfeits his or her claim of error by not bringing the error to the trial court’s attention in a timely manner].) B.
discussed Cited as authority (rule) Pruett v. Dental Board of California CA3
Cal. Ct. App. · 2021 · confidence medium
(Avalos v. Perez (2011) 196 Cal.App.4th 773, 776 [“As a general rule, a claim of error will be deemed to have been forfeited when a party fails to bring the error to the trial court’s attention by timely motion or objection”].) But even assuming the issue was preserved, we would conclude that Pruett suffered no prejudice from any failure of service.
cited Cited as authority (rule) People v. McClinton
Cal. Ct. App. · 2018 · confidence medium
(Avalos v. Perez (2011) 196 Cal.App.4th 773, 776-777 [failure to raise issue in the trial court forfeits claim of error on appeal].) 8 3.
cited Cited as authority (rule) People v. McClinton
Cal. Ct. App. · 2018 · confidence medium
(Avalos v. Perez (2011) 196 Cal.App.4th 773, 776-777 [failure to raise issue in the trial court forfeits claim of error on appeal].) 8 3.
discussed Cited as authority (rule) Greenwell v. Auto-Owners Insurance
Cal. Ct. App. · 2015 · confidence medium
The rule that Greenwell cites provides that generally “a claim of error will be deemed to have been forfeited when a party fails to bring the error to the trial court’s attention by timely motion or objection.” (Avalos v. Perez (2011) 196 Cal.App.4th 773, 776 [ 127 Cal.Rptr.3d 106 ], italics added.) Here, we are not dealing with a “claim of error” by Auto-Owners — the only party claiming error is Greenwell.
discussed Cited as authority (rule) Holguin v. Dish Network LLC
Cal. Ct. App. · 2014 · confidence medium
(Avalos v. Perez (2011) 196 Cal.App.4th 773, 776 [ 127 Cal.Rptr.3d 106 ] [“As a general rule, a claim of error will be deemed to have been forfeited when a party fails to bring the error to the trial court’s attention by timely motion or objection.”].) 6 AT&T, DISH, and EchoStar argue that the Residential Customer Agreement “exclude^] . . . equipment installation from [its] subject matter.” However, they do not identify any portion of the agreement that reflects such an exclusion.
discussed Cited as authority (rule) Lister v. Bowen CA1/2
Cal. Ct. App. · 2013 · confidence medium
(See Avalos v. Perez (2011) 196 Cal.App.4th 773, 777 [ 127 Cal.Rptr.3d 106 ] [although there had been no contact during the two-year term of the restraining order, a visit by the restrained party’s friend to the protected party’s restaurant workplace to deliver “greetings” from the restrained party, along with the initial mental and physical abuse, was “ampl[e]” support for the protected party’s continued fear].) As for Bowen’s summary argument that the court failed to consider or inquire about Bowen’s contacts with the CATS organization in weighing the burden of the restrain…
discussed Cited "see" Rhoades v. Lansdale CA2/5 (2×)
Cal. Ct. App. · 2014 · signal: see · confidence high
They will often be considered where the issue relates to questions of law only. [Citations.] Appellate courts are more inclined to consider such tardily raised legal issues where the public interest or public policy is involved. [Citations.] And whether the rule shall be applied is largely a question of the appellate court’s discretion.” [Citations.]’ (Ibid; see Avalos v. Perez (2011) 196 Cal.App.4th 773, 776-777 [ 127 Cal.Rptr.3d 106 ] [appellate court has discretion to consider new issues where public interest is involved].)” (Humane Society, supra, 214 Cal.App.4th at p. 1273 , itali…
discussed Cited "see" Humane Society of United States v. Superior Court (2×)
Cal. Ct. App. · 2013 · signal: see · confidence high
They will often be considered where the issue relates to questions of law only. [Citations.] Appellate courts are more inclined to consider such tardily raised legal issues where the public interest or public policy is involved. [Citations.] And whether the rule shall be applied is largely a question of the appellate court’s discretion.’ [Citations.]” (Ibid.; see Avalos v. Perez (2011) 196 Cal.App.4th 773, 776-777 [ 127 Cal.Rptr.3d 106 ] [appellate court has discretion to consider new issues where public interest is involved].) Here, although this new theory involves a public interest, i…
discussed Cited "see, e.g." Rybolt v. Riley
Cal. Ct. App. · 2018 · signal: see also · confidence medium
“It almost goes without saying that any violation of a restraining order is very serious, and gives very significant support for renewal of a restraining order.” (Lister v. Bowen, supra, 215 Cal.App.4th at p. 335 ; see also Avalos v. Perez (2011) 196 Cal.App.4th 773, 775-777 [although there had been no contact during the two-year term of the restraining order, a visit by the restrained party’s friend to the protected party’s restaurant workplace to deliver “ ‘greetings’ ” from the restrained party, along with the initial mental and physical abuse, “amply” supported the prot…
discussed Cited "see, e.g." Rybolt v. Riley (2×)
Cal. Ct. App. 5th · 2018 · signal: see also · confidence low
"It almost goes without saying that any violation of a restraining order is very serious, and gives very significant support for renewal of a restraining order." ( Lister v. Bowen , supra , 215 Cal.App.4th at p. 335 , 155 Cal.Rptr.3d 50 ; see also Avalos v. Perez (2011) 196 Cal.App.4th 773 , 775-777, 127 Cal.Rptr.3d 106 [although there had been no contact during the two-year term of the restraining order, a visit by the restrained party's friend to the protected party's restaurant workplace to deliver " 'greetings' " from the restrained party, along with the initial mental and physical abuse, …
discussed Cited "see, e.g." Priscila N. v. Leonardo G. (2×)
Cal. Ct. App. 5th · 2017 · signal: see also · confidence low
(See Lister v. Bowen (2013) 215 Cal.App.4th 319 , 335, 155 Cal.Rptr.3d 50 [any violation of a restraining order provides "very significant" support for its renewal]; see also Avalos v. Perez (2011) 196 Cal.App.4th 773 , 777, 127 Cal.Rptr.3d 106 .) We therefore direct the family court to renew the DVRO.
discussed Cited "see, e.g." Priscila N. v. Leonardo G.
Cal. Ct. App. · 2017 · signal: see also · confidence low
(See Lister v. Bowen (2013) 215 Cal.App.4th 319, 335 [any violation of a restraining order provides “very significant” support for its renewal]; see also Avalos v. Perez (2011) 196 Cal.App.4th 773, 777 .) We therefore direct the family court to renew the DVRO.
Retrieving the full opinion text from the archive…
KAREN AVALOS, and
v.
ZABDI LOPEZ PEREZ, and
No. A129985.
California Court of Appeal.
May 25, 2011.
196 Cal. App. 4th 773
2011 Cal. App. LEXIS 754
Counsel, Bay Area Legal Aid and Solmaz Rafiee-Tari for Plaintiff and Appellant., No appearance for Defendant and Respondent.
Pollak.
Cited by 37 opinions  |  Published

[*775] Opinion

POLLAK, J.

Karen Avalos appeals from an order granting her unopposed request to renew a domestic restraining order against her former boyfriend, Zabdi Lopez Perez. She argues that the court erred in renewing the restraining order for only two years rather than five years, as required by Family Code section 6345, subdivision (a). Perez has made no appearance in this court. We agree with Avalos’s contention and therefore shall remand with instructions to modify the order.

Factual and Procedural History

On June 20, 2008, after receiving evidence of Perez’s repeated physical, sexual and mental abuse of Avalos and his threats to physically harm her as well as her family and friends, the court issued a two-year restraining order prohibiting Perez from assaulting, harassing or contacting, either directly or indirectly, Avalos.

On June 18, 2010, Avalos filed a request to renew the restraining order for a period of five years. According to Avalos, she had no contact with Perez after issuance of the original order until sometime in May 2010 when one of Perez’s friends came to the restaurant where she worked and told her that Perez was sending her “greetings.” She explained that she was requesting renewal of the restraining order because Perez knew where she worked and she was afraid that once the order expired he would try to contact her.

At the hearing on August 13, 2010, Perez did not appear or oppose the motion. The court questioned whether Avalos’s declaration showed a reasonable, continuing fear of Perez, but ultimately renewed the restraining order for a period of two years “[b]ased on the contact made through a third party . . . just prior to the restraining order expiring.” Avalos filed a timely notice of appeal.

Discussion

Family Code section 6345, subdivision (a), found within the Domestic Violence Prevention Act (§ 6200 et seq.), provides: “In the discretion of the court, the personal conduct, stay-away, and residence exclusion orders contained in a court order issued after notice and a hearing under this article[*776] may have a duration of not more than five years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed, upon the request of a party, either for five years or permanently, without a showing of any further abuse since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party.” (Italics added.) In Ritchie v. Konrad (2004) 115 Cal.App.4th 1275, 1290 [10 Cal.Rptr.3d 387], the court held that a trial court should renew a protective order issued under section 6345 if “it finds by a preponderance of the evidence that the protected party entertains a ‘reasonable apprehension’ of future abuse.” The court noted, however, that “a protected party . . . would be entitled to a renewal of the protective order merely upon request, if that request were not contested by the restrained party. In that instance, both the protected party and the court are entitled to assume the restrained party has a good reason for not objecting. It could be because of indifference to a continuance of the protective order. Or it could result from a realization there are no grounds to resist that continuation.” (115 Cal.App.4th at p. 1284.) In this case, although the matter was not contested, the court nonetheless found that plaintiff had a “reasonable apprehension” of future abuse based on Perez’s recent third party contact with Avalos.

Avalos contends that the court erred in renewing the order for only two years, rather than the five years required by section 6345. Avalos requested a five-year extension in her written request, but did not object at the hearing when the court renewed the order for only two years.

As a general rule, a claim of error will be deemed to have been forfeited when a party fails to bring the error to the trial court’s attention by timely motion or objection. (People v. Simon (2001) 25 Cal.4th 1082, 1103 [108 Cal.Rptr.2d 385, 25 P.3d 598]; Keener v. Jeld-Wen, Inc. (2009) 46 Cal.4th 247, 265-266 [92 Cal.Rptr.3d 862, 206 P.3d 403].) “ ‘ “ ‘The purpose of the general doctrine of waiver [or forfeiture] is to encourage a defendant to bring errors to the attention of the trial court, so that they may be corrected or avoided and a fair trial had ....’” [Citation.] “ ‘No procedural principle is more familiar to this Court than that a constitutional right,’ of a right of any other sort, ‘may be forfeited in criminal as well as civil cases by the failure to make timely assertion of the right before a tribunal having jurisdiction to determine it.’ . . .” [Citation.] [][] “The rationale for this rule was aptly explained in Sommer v. Martin (1921) 55 Cal.App. 603 at page 610 [204 P. 33] . . . : ‘ “In the hurry of the trial many things may be, and are, overlooked[*777] which would readily have been rectified had attention been called to them. The law casts upon the party the duty of looking after his legal rights and of calling the judge’s attention to any infringement of them. If any other rule were to obtain, the party would in most cases be careful to be silent as to his objections until it would be too late to obviate them, and the result would be that few judgments would stand the test of an appeal.” ’ ” ’ ” (People v. Simon, supra, at p. 1103.) Nonetheless, it is within this court’s discretion to make an exception to this rule when the issue on appeal relates to a question of law only, or where the public interest or public policy is involved. (Bayside Timber Co. v. Board of Supervisors (1971) 20 Cal.App.3d 1, 5 [97 Cal.Rptr. 431].)

As set forth above, upon finding that renewal of a protective order is warranted, the court may renew the order under section 6345 for either five years or permanently. The plain language of the statute does not authorize renewal for only two years. While the court has the discretion to determine the length of an initial stay-away order for up to five years, the sentence authorizing an extension of the order omits the “not more than” terminology of the preceding sentence and requires that the extension be either for five years or permanently. In 2005, the renewal period under section 6345 was extended from three years to five years. (Stats. 2005, ch. 125, § 1, p. 1945.) Legislative history of the extension explains, “The author’s office and supporters of this bill contend that extending the duration of these protective orders would save the victims the harrowing ordeal of returning to court every three years to renew the orders and allow them to go about their lives with more peace of mind. Advocates for domestic violence victims also argue that while in three years the physical battering of the victim may have stopped, oftentimes the litigation is drawn out for many years and the court becomes the forum through which the batterers revictimize and traumatize the party protected by the order. . . . Therefore they support the ‘modest’ increase in the duration of the protective orders from three years to five years.” (Sen. Rules Com., Off. of Sen. Floor Analyses, 3d reading analysis of Assem. Bill No. 99 (2005-2006 Reg. Sess.) as amended Mar. 1, 2005, p. 3.) Avalos is precisely the type of victim the extended renewal period was designed to protect. The type and duration of abuse she suffered was undoubtedly traumatic and Perez’s conduct just prior to the expiration of the original restraining order amply supports her continued fear of Perez. Avalos was entitled to the full five-year extension authorized under section 6345. No further proceedings will be required to amend the order to conform to the statutorily required five years. We therefore conclude that the error should be corrected despite Avalos’s failure to object at the hearing.

[*778] Disposition

The order is remanded with instructions to extend the restraining order until August 12, 2015.

McGuiness, P. J., and Siggins, J., concurred.