SUPERIOR Court Associate Judge Kenneth L. Govendo has issued a temporary restraining order against Rudy Camacho and Froilan Camacho, saying they should stay at least 100 feet away from Kenneth Cruz, Annette Cruz, Darsha Camacho, Shawn Cruz Palacios, and two minors.
Judge Govendo also ordered the Camacho brothers not to “bother, contact, molest, attack, threaten, batter, telephone, trespass, or disturb the peace,” their relatives.
The judge likewise scheduled a hearing on the TRO and preliminary injunction request for May 12 at 9 a.m. in courtroom 205A.
Darsha Dez’rae Mendiola Camacho, the administrator of the Estate of Anthony Mendiola Camacho or Estate of Tonnei, through attorney Robert T. Torres, has petitioned the court for a TRO and injunction against her uncles.
Darsha Camacho is currently residing at the family home of Anthony Mendiola Camacho and Anunciacion M. Camacho-Magofna, who are both deceased.
According to the petition, on April 26, 2022, Judge Govendo issued an order granting the Estate of Anunciacion Mendiola Camacho-Magofna’s claim against the Estate of Tonnei to invalidate the deeds on the basis of undue influence.
On April 26, 2022, the court issued a final judgment consistent with the order.
The final judgment order invalidated several deeds and directed the administratrix of the Estate of Anthony Mendiola Camacho to remove properties from the inventory in the Estate of Tonnei, and for the administrator of the Estate of Anunciacion Mendiola Camacho-Magofna or the Estate of Asako to include such properties in the inventory of the Estate of Asako.
But neither the order nor the final judgment permitted any parties to engage in self-help or ordered any parties to vacate any of the properties affected by the order or final judgment.
Self-help refers to “obtaining relief or enforcing one’s rights without going through legal processes.”
According to attorney Torres, the family home was previously “marshaled” as an asset of the Estate of Tonnei and is currently occupied by Darsha; Darsha’s one-year old daughter; Darsha’s biological parents, Kenneth and Annette Cruz; and three of Darsha’s siblings: T.C., who is a disabled minor, Beyonce, and Shawn.
Torres said on the evening of April 28, 2022, or two days after the final judgment order was issued, police officers from the Department of Public Safety entered the family home without the consent of or notice of its inhabitants.
The officers told Shawn that no one was supposed to be staying at the family home because the land was “owned by Froilan Camacho” and that they had copies of the final judgment signed by Judge Govendo.
After consulting with attorney Charity Hodson, Darsha told the officers that her family was not moving out and that the Estate of Tonnei had 30 days to appeal the final judgment.
Later that night, at around 11 p.m. to 12 a.m., the officers returned to the family home and asked for Annette.
They told Annette that they had received a complaint from her neighbors — Rudy and Froilan Camacho — that Annette’s family was “popping fireworks” and disturbing the peace.
Annette responded that she had just got home and that she had not heard anything.
“Annette’s anxiety worsened after this second encounter with the police in one evening and she had trouble sleeping, afraid of what Rudy and Froilan would do next,” attorney Torres said.
He asked the court to preserve the status quo pending a final determination in the matter.
“The court did not give Froilan any directive to physically remove the inhabitants of the family home,” Torres said. “Froilan waited for 2.5 hours after most offices closed, and then decided to call the police to forcibly remove his sister and her family from the family home. Froilan had no legal basis to engage in self-help and indeed apparently believed, as he told the police, that he owns the family home.”
Torres said Froilan did not file an order in aid of judgment.
“He presumably did not even ask his attorney whether he could move forward to forcibly remove his sister’s family. He feels that the house is his and he does not have to account for anyone. The [Estate] of Tonnei and Annette Cruz fully intend to move for the removal of Froilan as the administrator of the [Estate of] Asako based on his expressed bias and hostility.”
Torres said when the incident was unfolding, he was having dinner with other attorneys, including Froilan’s lawyer, Collin Thompson.
Torres said he “discussed the…matter with…Thompson to try to resolve the matter.”
According to Torres, Thompson said he was not going to do anything.
“Attorney Thompson was right there at dinner with Attorney Torres. Attorney Thompson simply had to pick up his cellphone and tell his client to stand down, that they could talk about it the following day. He wouldn’t. And now we are here,” Torres told the court.
