Nicoleta Smith v. Dean Scheu

Nicoleta C. Smith aka Nicoleta C. Dumitrescu (Petitioner & Respondent to Appeal) is a next door neighbor to Dean Scheu (Respondent & Appellant). Smith who is divorced from Scott Smith and a immigrant from the former U.S.S.R. Smith killed Scheu's service dog in June of 2019 while Scheu was out of town. After Smith did not respond to Scheu's demand letter for loss of property (Scheu's service dog) Scheu filed an action in Los Angeles Superior Court #19PDSC003492.

Because of Covid-19 the case was continued numerous times. During this time Smith aka Dumitrescu unleashed a series of attacks on the Scheu family. Smith unsuccessfully and was denied 2 restraining orders on Scheu's wife 19PDRO01007 & 19PDRO01358. After being denied restraining orders on Scheu's wife Smith turned her attention on Mr. Scheu.

Smith lost her court case for killing Scheu's service dog and Mr. Scheu was awarded over $4,600 in damages & court fees.

Ms. Smith upset with decision and judgement award Smith set her sights on Mr. Scheu for a temporary restraining order (TRO).

Ms. Smith had her daughter Tia Smith perjure herself to secure a TRO. Scheu filed an appeal and lost even though Scheu had a police report that proved Tia Smith had lied. During the Dog case hearing on 12/19/2019 the Hon. Beverly Bourne (Judge) had Tia Smith removed from the courtroom by the Sheriff for disorderly behavior and asked Smith not to bring Tia Smith back into the courtroom again.

Mr. Scheu was granted a hearing in the lower court (Superior Court of California, County of Los Angeles) to present his case again on September 19th, 2022 to have the current order terminated & case dismissed. Both parties were present and sworn in.

Nicoleta C. Smith Contention

Smith presented her case stating that she was upset because Scheu had a Memory Stone dedicated to Scheu's service dog that is placed in Scheu's front yard, near the pedestrian sidewalk which is visible to the public. Smith presented the providing judge a picture of Scheu's Memory Stone (for Scheu's service dog) stating the Memory Stone causes Smith mental anguish and the court should issue Mr. Scheu a civil harassment restraining order based on this fact. Ms. Smith did not provide the court with any witnesses or documentary evidence to support her claims.

Dean Scheu's Response

Mr. Scheu read an opening statement detailing how Ms. Smith had unleashed a number of TRO's on Scheu's wife and attacked Mr. Scheu via Six (6 ) different Burbank city departments. These attacks consistently came from Smith after Mr. Scheu was awarded a judgement for the loss of his service dog against Ms. Smith.

To support Mr. Scheu's case, Scheu called his first witness Mr. J. J. Puglisi Captain of the Burbank Police Department with 30 plus years of service. The Captain supported Scheu's claims that Mr. Scheu has not in anyway harassed Ms. Smith.

Court Findings per the Minute Order September 19, 2022 8:30am for case #19PDRO01189

"The Court Finds the party requesting the order of protection did not sustain the applicable burden of proof and accordingly the request is denied. Any temporary restraining order earlier issued is hereby dissolved."

"The case is ordered dismissed."

After order statement by Mr. Scheu.

"It is with great resolve and relief that the court has ordered this case dismissed. My wife and I have had to deal with the loss of our service/family dog caused by Ms. Smith. We only hope that Ms. Smith can move on and find inner peace with the neighborhood. Justice finally prevailed and for that I'm thankful."