NoticeCal. Super. - 6th Dist.October 2, 2018\OOOQONUI-PUJN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l' I i? l Maria Wong, pro per g {T 1:, c/o 4874 Scarletwood Terrace "L M “W! San Jose, California [95129] . l' 23:9 JUL W A H: [g5 Tel: 408-823-ssiés -.;‘*‘K 3.“; é‘ 1U} A ii SUPERIOR COURT OF THE STATE 0F CALIFORNIA COUNTY OF SANTA CLARA 191 N. 1“ St., San Jose, CA 95110 Civil Limited Jurisdiction CAPITAL QNE BANK (USA), N.A. Civil Case N0.: 18-CV-336042 Alleged Plaintiff, CAPITAL ONE BANK (USA), NA. / vs, .vs /M4RL4 WONG NOTICE 0F UNAVAILABILITY MARIA WONG FOR THE PERIOD 0F Alleged Defendant/ CFOSS- AUGUST 5 THRU SEPTEMBER 16, 2019 Complamant ‘ MARIA WONG, the Alleged Defendant/ ' - Cross Complainant, the Petitioner Gives g Notice Of Unavailability. Note to Court Clerk: 18 U.S. Code § 2071 - Concealment removal or mutilation [FRCP Rule 7(b), Tenderloin Housing Clinic9w vs. Sparks (1992) 8 Cal App 4th 299 Title 11 (a) Whoever willfully and unlawfully conceals, removes, Sec 362, 28 USC 14-41 ]Aband0nat0 v mutilates, obliterates, or destroys, or attempts to do so, or, Coldren (1995) 41 Cal.App.4th 264 regarding with intent to do so takes and carries away any record, availability of sanctions to preper litigants proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years. or both, and shall forfeit his office and be disqualified from holding any office ufider the United States. As used in this subsection, the tenfi “office" does not include the office held by any person Ias a retired officer of the Armed Forces of the United States.‘ ___._NOTICE OF UNAVAILABILHTY OF COUNSEL_ TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Judge: Mary E. Arand Dept. 9 Case: 1 8-CV-336042, MARIA WONG Alleged Defendant I Cross-Complainant and Petitioner Gives NOTICE 0F UNAVAILABILITY --10f2- KOOOQQlJl-hwwu-n NNNNNNNNNr-Ar-AHr-dp-dh-nr-AHr-‘H OOflQM-hUJNF-‘OCOONQMAWNF-‘O NOTICE ISHEREBYFOWLLY GIVEN that Alleged Defendant/ Cross- Complainant MARIA WONG will be unavailable for all purposes whatsoever, including but not limited to receiving notice of any kind, appearing in court, responding to ex parte applications, or attending hearings, depositions from August 5, 2019, thru September 16, 2019, due to caring for an elderly friend Who ls needing home care during recovery, and no one else ls available to provide the homecare, starting August 02, 2019. H You are further advised t0 read Tenderloin Housing Clinic vs. Sparks, (1992) 8 Cal. App.4th 299, regarding the availability of sanctions for purposely scheduling a conflicting proceeding without good cause. Abandonato v Coldren (1995) 41 Cal.App.4th 264 regarding availability of sanctions to pro per litigants. VERIFICATION l, the undersigned make this declaration under penalty of perjury, that the pleading is true, except as to the matters stated therein on information and belief, and as to those matters, that We / | believe it to be true. Each of the sign'er(s) of this document is a person having first hand knowledge of the facts stated herein. The undersigned has made a reasonable inquiry into fact and law and affirms to the court that this claim: 1. is not frivolous or intended solely to harass. 2. is not made in Bad Faith - Norfor any improper purpose, i.e. harass or delay. 3. may advocate changes in the law - arguments justified by existing law or non-frivolous argument t0 change law. 4. has Foundations for factual allegations - alleged facts have evidentiary support. 5. and has Foundation for denials - denials of factual allegations must be warranted by evidence. All Rights Reserved - UCC 1-308 DATED: July18,2019 By. WW Wm MARIMONG Alleged Defe ant/ Cross-Complainant and Petiti Case: 1§-CV-336042, MARIA WONG Alleged Defendant] Cross-Complainant and Petitioner Gives g} NOTICE OF UNAVAILABILITY ;l -20f2-