Yin v. Li CA6


Filed 7/8/22 Yin v. Li CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIXTH APPELLATE DISTRICT SHUANGLING YIN, H048173 (Santa Clara County Respondent, Super. Ct. No. 18-DV-000979) v. QIAOCHU LI, Appellant. Qiaochu Aaron Li appeals from mutual domestic violence restraining orders issued after hearing. He raises various statutory challenges to the order restraining him from his ex-girlfriend, Shuangling Yin. He also contends the trial court abused its discretion in the manner in which it conducted the trial and considered the evidence, and he claims error in the handling of his new trial motion. For the reasons stated here, we will affirm the orders. I. BACKGROUND Restraining Order Requests In December 2018, an attorney for Shuangling Yin filed a request for a domestic violence restraining order against her ex-boyfriend, Qiaochu Aaron Li. Yin’s supporting declaration described harassing conduct by Li following their summer breakup, an incident in October which culminated in Li’s arrest at a Starbucks cafe, and continued inappropriate conduct afterward. Five days later, Li filed his own request for a domestic violence restraining order seeking protection from Yin for himself and a coworker whom he had also dated. Li’s supporting declaration focused on an incident in August 2018 when Yin went to his workplace uninvited and physically assaulted him. The court issued temporary restraining orders, and a hearing was scheduled for January 2019. Li retained counsel, and the matter was continued to June and then August 2019. Li’s attorney withdrew in July 2019, and Li represented himself for the remainder of the proceedings. In August the court authorized Li to depose Yin and her boyfriend, ordered discovery to conclude by December, and continued the trial to January 2020. Short Cause Trial Li and Yin testified at trial. Li called as witnesses his coworker, a Starbucks employee who saw some of the October incident, and a friend who was present during a video call between Li and Yin after the October incident. The court admitted the deposition testimony of the receptionist at Li’s workplace who observed the August incident, and some text messages and video chat history from September 2018. We summarize the evidence here in the light most favorable to the trial court’s ruling. (Melissa G. v. Raymond M. (2018) 27 Cal.App.5th 360, 373–374 (Melissa G.).) Li and Yin dated for about eight months. They broke up and reconciled several times. In August 2018, Yin confronted Li at his place of work. She was sad and angry over their most recent break up, and she entered his office uninvited and upset. The receptionist observed Yin hitting and cursing at Li. Yin was crying, and struck Li in the face and head using her hands. …

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals