Request Judicial NoticeCal. Super. - 6th Dist.May 10, 2019-\ OOmNOICfl-wa F I L E . RICHARD DOYLE, City Attorney (#88625) MAY 10 2019NORA FRIMANN, Assistant City Attorney (#93249) JULIA VAN ROO, Deputy City Attorney (#274169) I k 0 t o CHRISTOPHER R. CREECH, Deputy City Attorney (#293037) SU .1- nlo, ma cm Office of the City Attorney BY DEPUTY 200 East Santa Clara Strfigt,1196"‘ Floor ' mSan José, alifornia 951 - 05 Telephone Number: (408) 535-1900 M‘ 0‘3“] Facsimile Number: (408) 998-3131 E-Mail Address: cao.main@sanjoseca.gov Attorneys for CITY OF SAN JOSE SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA CITY OF SAN JOSE, Case Number: Petitionerv REQUEST FOR JUDICIAL NOTICE IN SUPPORT 0F REQUEST FOR TEMPORARY V- RESTRAINING ORDER NICHOLAS AARON ROBINSON Respondent. REQUEST FOR JUDICIAL NOTICE Petitioner City of San José (“City”) respectfully requests that this Court take judicial notice of the following documents pursuant to Evidence Code sections 452(d) and Rules of Court, Rule 3.1306: EXHIBITS 1 THROUGH 5: Declarations from Related Restraining Order Matter in Santa Clara County Superior Court Docket No. 19-CH-008735 Attached as Exhibits 1 through 5 are true and correct copies of, declarations filed in support 0f a related temporary restraining order granted in Santa Clara Superior Court Docket No. 19-CH-008735. This request is made pursuant to Evidence Code section 452(d). It is settled that a court may take judicial notice of its own records not only in the action pending before it (e.g. Verreos v. City and County of San Francisco (1976) 63 Cal.App.3d 86, 107) but also in other 1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF REQUEST FOR Case #1 TEMPORARY RESTRAINING ORDER 1619296 (DWNOO‘IAOJN-h NNNNNNNNN-x-LAAAAAAAA mVOMhWNAOCOQNODm-kwN-io proceedings (Flores v. Arroyo (1961) 56 Cal.2d 492, 496 (disapproving prior cases to the contrary». This includes the power to take judicial notice of records in related actions. (E.g., Morson v. Superior Court (2001) 90 Cal.App.4th 775, 778 (taking judicial notice of dispositional records in related cases though decisions on appeal); City of Merced v. American Motorists Ins. Co. (2005) 126 Cal.App.4th 1316, 1321 fn 2 (taking judicial notice of complaints filed in related cases).) The City requests the Court to take judicial notice of these declarations, so they are properly before the- Court. Then, pursuant to Code of Civil Procedure section 527.8, the Court may consider these declarations and the factual matters contained therein as evidence submitted by the City in support of its position. Code of Civil Procedure section 527.8 contemplates a trqncated proceeding in which the Court may consider declarations submitted by either side and consider the hearsay therein. (See, e.g., Kaiser Foundation Hospitals v. Wilson (2011) 201 Cal.App.4th 550, 557 (“Hearsay evidence clearly may be relevant, and if hearsay evidence is relevant, section 527.8 requires that the court receive it.”).) Rather than require the duplicitous creation of the same declarations in two related proceedings, judicial notice in this instance properly places these declarations before the Court. The Court may then consider them for their factual significance pursuant to Code of Civil Procedure section 527.8. // I /l/ l/l /// / // I // Ill I// ~ I// 2 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF REQUEST FOR Case #: TEMPORARY RESTRAINING ORDER 161 9296 -.L OtomNOVU'IAUJN CONCLUSION These documents are judicially noticeable under Evidence Code sections 452(d)). Once before the Court, the Court may then consider the factual matters contained within in the under Code of Civil Procedure section 527.8 Dated: May 9, 2019 Respectfully submitted, RICHARD DOYLE, City Attorney By: é-~-\ CHR R CREECH Deputy City Attorney Attorneys for Petitioner, CITY OF SAN JOSE 3 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF REQUEST FOR Case #1 TEMPORARY RESTRAINING ORDER 1619296 19CH008742 ‘ EXHIBIT 1 )4 Gregg McLean Adam, Bar No. 203436 grcgg@majlabor;com Monique Alonso, Bar No. 127078 moniqu,e@majlabor.com _ Matthew Taylorf, Bar No. 264551 _ matthgw®majlaboncom _ MESSING ADAM & JASMINE LLP 235 Montgomery St., Suite 828 §§$fl$§f°°fi§5§€i§33w4 19 C H 0 0 8 7 ll 2 Facsimile: 415.2661 128 Attorneys for San José Police Officers‘ Association SUPERIOR COURT. 0F THE STATE 0F CALIFORNIA COUNTY 0F SANTA CLARA \owoqxloxmgwtu H H rd O Sa‘n José Police Officers’ Association, Case No. 1 9 CH 0 U 87 3 5 Plaintiff, DECLARATION OF JOANNE SEGOVIA IN SUPPORT'OF PLAINTIFF SAN. JOSE 1 POLICE OFFICERS’ ASSOCIATION’S PETITION FOR WORKPLACE Nicholas Aaron Robinson, VIOLENCE RESTRAINING ORDERS unr-é WM V. p-as-a (Jib Defendant. Date: Time: Dept.: .._.- 'O\ )-fl h-I m I, JOANNE 'SEGOVIA, declaxe as follows; gn- \D 1. I am-employed as Executive Director offla’infiff San Jose’ Police Officers’ IQO Association (“Plaintiff’ and/or “.Union"), the labor union” foi' police officers emp'lOyed by the San N H Jose Police Department (“Department”). Ihave personal knowledge of the facts set-forth herein, Rx) N. and if called as a witness, Icould and {vould competently testify thereto. I make this declaration in 10' w. support of the'Unio‘n’s Petition for Workplace Violence-Restrajning Orders.- M.b 2. Ihave been employed by the Union for approximately 16 years. ‘MLA 3. In approximately February 2019, a member. of the Union’s Board of DireCtors, who NQ is. also a police officer, warned the Union’s employees, including myself, that we should take B precaution if we were to make” contaCt with or observe a man named Nicholas Aaron Robinson. 28 This Board member provided .us with Mr. Robinson’s photograph from Department of Motor MQSING ADAM & JASMINE LLP 00070718-2 Atmmuvs .ArIAW Declaration of JoanneIchovia 9-0: Vehicle (“DMV”) records. This Board m'ember'also informed us that 011' multiple occasions, Mr. Robinson confronted various Department police officers in a hostile manner to harass them. He Halso informed us that police officers had observed Mr. Robinson trespassing on the premises of Union headquarters a; 1151 Nozth Fourth St, San Jose; CA 95 1 12 (“Union Headquarters"); 4.. Other than the above warnings about Defendant, _I have not been warned by either Union employees or Department-employees to use gaution if I were tose'e any other persons on Union property during the approximately 16-year period [have been working for the Union. 5. Given my position atthe Union, I interact with the Union’s members, who- are also wmzuoxtngww police-officers, daily on a business. level to discuss labor matters and on a social level. These- .._. O interactions often occur in person while these police-officers are on duty and in uniform. I am thus p... H familiar withthe equipment that they carry, including but notlimit'ed to protective gear. and tasets. HN 6. At approximately 8:00 pm on the evening of May 1, 20 l9, I'exited Union aU1 Headquarters to leave for the day. The parking lot where my vehicle was parked isfd'trcctly in h; .p frontof Union Headquarters. As I walked from the building to my vehicle, lobserved in my H kl] peripheral vision someone walking in my general direction. This was unusual because, at this y.‘ ax time of day, there is usually no one walking in the parking lot. After entering my vehicle, I h-s \) observed from my car window that this person was Defendant. Irecognized him from the above H 00 DMV photograph that was given to the Union’s staff. I further'observed that Defendant was H \O wearing body armor from_his neck to his feet and was holding a taser inihis tight hand aimed at mo: ..v the sky. His right arm was at his side with his elbow fully bent so that his right foreann and right N.I-l hand were pointing upwards to the sky. 7, As I'Iooked at Defendant, he stared back atme. I immediately locked ”the doors of my vehicle, started the engine, and drove away. The sight of Defendant staring at me and walking N.p in my direction, while wearing body armor and holding a taser in his hand frightened me. My 10 "J! knowledge of Defendant’s prior trespass on Uhion property and hostile interactions with police w Q" .. officers also added to my fear. Ms: Ideclareunder penalty of perjury under the laws of the State of California that the 28 foregoing is true and correct. Messmqu a - _ JASMINE LLP 000707 I 8-2 2 ATIORKEYS AT LAW , ' ' Declaration of-Joanne Segovia H Executed on this 4th day of May, 2019, at San Jose, California. QM 8mm Ag JOANNE SEGOVIA_ “D N N (Q N N N N. N ;-t u-‘t |_- >-- u-A b-u H y-n p- H MBSING ADAM & JASMINE LLP M707! 8‘2 3Amman n Law Declaration ofJoanne Segovia 19CH008742 ‘ EXHIBIT 2 .1 Gregg McLean Adam, Bar No. 203436 gregg@majlabor.com 2. Monique Alonso, Bar No. 127078 _ .moniqu_e__@majlab‘or.com 1 9 C H 0 0 8 7 4 2 ' '3 Matthew Taylor, Bar'No. 264551 matthew@majlabor.¢om 4 MESSING ADAM & JASMINE LLP . 235 Montgomery-St., Suite 828 5i San Francisco, California 94104 chlephone: 415.266.1800 6 Facsimile: 415.266.1128 7 Attorneys for San José Police Officers’ Association .8 - SUPERIOR COURT OF THE STATE 0F CALIFORNIA 9 COUNTY OF SANTA CLARA 10 . San José Police Officers’ Association, Case No. 1 9 CH U. 0 87 3 5 . 11 Plaintiff, DECLARATION 0F JOSHUA 12 SCHWITTERS IN SURPORT OF v. PLAINTIFF SAN JOSE POLICE 13 ‘- OFFICERS’ ASSOCIATION’S PETITION _ Nicholas Aaron Robinson, FOR WORKPLACEIYIIOLENC-E 14 RESTRAINING ORDERS Defendant. '15 Date: _ Time: 1.6 Dept.: :17 1.8 19 I, JOSHUA SCHWITTERS, declare as follows:- 20 1. I am a police officer employed by the San Jose Police Department (“Depanment”). 21 I have personal knowledge of the facts set forth herein, and if called as a witness, Icould and 22 would competently testify thereto. Imake this declaration in support of Plaintiff San Jose’Police. '23 Officers’ Association’s (“Plaintiffor “Union") Petition for Workplace Violence Restraining 24 Orders. 25 2. Prior to April 26, 2019, on multiple occasions including Department briefings and 26 emails that were sent to patrol officers Depanment-wide, Department supervisors informed m_e 27 that a man named Nicholas Robinson often shows up at incidents involving police officers and 28 ”tries to interfere 'with police activities by filming police officers with his camera, yelling at them, MBSING ADAM &' . JASMJNELLP 00070750-1 ATTORNEYSATIJM . _ I Declaration of Joshua Schwillers "H B-gmthH-boaxz'o‘ozaG-hwwpo 28‘ MESSINGADAM a JASMINE LL? Anmmfixs AT [aw xoooxm-QMAmtp asking themnumerous questions, and claiming without justification that they arje performing illegal operations. These announcements also included notice that Mr. Robinson has trespassed on Union propeny‘ On different occasions, Ialso received flyers and/or bulletins that included Mr. Robinson’s photograph and described-Mr. Robinson as. a threat to police officer safety. 3. On April 26, 2019-, at approximately 9:30 pm, Iwas on duty, dressed in full uniform, and sitting in my patrol vehicle writing police reports. My vehicle Was parked in the} parking lot of 1151 North Fourth Street, San Jose, CA, 95 1 12 (“Union Headquarters”). Other vpolice officers were also present at this location. Theseofficers included Sergeant Ashley Wager, Officer Joel Kramer, Officer Thomas Ortiz, and Officer Bill Nguyen. 4. Officer Oniz observedia man walking thfough the parking lot of Union Headquarters and immediately idemified him as Nicholas Robinson. When I got a closer look at lthe man, Ials‘o recognized him as Mr. Robinson based o'n having seen the above photographs of him circulated throughout the-Dcpartment. Because the other officers and '1 knew that he had been previously warned abOut trespassing on Union property, we ordered him to stop walking through the parking lot. .He initially refused to comply, but after we repeated our command to stop several times, he complied. 5. While we had Mr. Robinson stopped, police dispatch confirmed- that in the past, other police officers had admonished him not to trespass on Union property. Upon this confirmation. 'OffiCer Ortiz arrested him for trespassing. Conducting a search incident to arrest, Officer Ortiz found on his person a taser and a spare tascr cartridge. He was aiso wearing a bullet proof vest. ' 6. baring the course of the arrest and search, Mr. Robinson began to threaten 'ourjobs by making the follOwing comments: “I will have your badges”; “Add this to my =multi~million dollar law suit against the City”; and “Iwill contact Internal Affairs and ad'd this [incident] to the- file.” 'Z. While completing paperwork for Mr. Robinson’s arrest, Officer Oritz andI researched the details of the Union’s involvement in the Department’s STOP Program (Stop Trespassing on Private Property), which allows a_police officer to act as. an agent for a_private 00070750- l 2 Deelaration of Joshua Sehwitters l property owner and enforce trespass laws when the property owner is not present on the property. The STOP Program also keeps track of individuals who have previously trespassed on an owner’s property and/or have been previously admonished for trespassing on such property. My researchAuto showed that Union Headquarters remained registered under the program and that while the program once tracked Mr. Robinson with respect to Union property, it no longer did so. Accordingly, Officer Ortiz and I completed the paperwork to make sure that Mr. Robinson would once again be tracked under the program with respect to Union property. I declare under penalty of petjury under the laws of the State of California that the \DOON&UI foregoing is true and correct. 10 Executed on this 4th day of May, 2019, at San 'Jose, California. n fl?12 w _ ‘ l3 /0WHWITTERS 14 15 l6 l7 18 19 20 21 22 23 24 25 26 27 28 MESSING ADAM ac JASMINE LL? 000707504 3 ATIORNEYS A'l' LAW Declaration ofJoshua Schwitters 19CH008742 ‘ EXHIBIT 3 H. 0 '°°_.‘~’.._.‘.9‘- U“ 5“- U’ N Bg'LNAJx-wwwoxoooqam-hwnac 28 MESSING ADAM & _ IASM‘NE LIPAm” AT LAW- ‘ Gregg McLean. Adam,'Bar No. 203436 gregg@majlabor.com _ __ Monique Alonso, Bar No. 127078 monique@m.ajlabor.com Matthew Taylor, Bar No. 264551 matthew@ma‘labor.com MESSINGADJAM&J__ASMINE_LLP 19CH008742 ’ 235 Montgomery St., Suite 828 San Francisco, California 94104 Telephone: 415.266.1800 Facsimile: 415.266.1128 Attorneys for. SanJose’ Police Officers’ Association SUPERIOR COURT 0F THE STATE 0F CALIFORNIA COUNTY OF SANTA CLARA "CascNo. 190H088735 Plaintiff, DECLARATION 0F THUY LE IN , SUPPORT OF PLAINTIFF SAN JOSE v. POLICE OFFICERS’ ASSOCIATION’S PETITION FOR WORKPLACE Nicholas Aaron Robinson, VIOLENCE RESTRAINING ORDERS San Josc’ Policp ‘Officers’ Association, Defendant. Date: Time: Dept. : I, THUY LE, declare a_s follows; 1. I am a police sergeant employed by the San JosePoI'ice‘Departmefit (“Department”). 'I have personal knowledge of the facts setforth herein, and if‘ called as a witness; 3 I could and would competently testify thereto. I make this declaration in support of Plaintiff San José Police Officers’ Association’s (“Union”) Petitionfor Werkplace Violence Restraining Orders. I 2. One'night in September 2018, at approximately 8:30 pm, I 'w'as on duty and dressed in full uniform. I observed ”an unidentified vehicle, which was occupied by two men, in the' parking lot of '1 15 1 North Fourth Street, San Jose, CA 951 l2 (“Union Headquaners”). .I' approached the vehicle to speak to the occupants to determine whether they needed assistance. Orie of the occupants became visibly upset. He spoke to me in an aggressive manner as he raised '00070767-1 Declaration 6f Thuy Le H B=g-8§$SE_D\O-mqomhmm.»do 28'. MESSING ADAM 8t JASM[NE LLP Anumavg At Lmil' his voice and started moving his arms in front of him as he spoke. Even tholugh I didnot ac'cuSe him of anytrime o'r order him tolea‘ve the area, he stated thatrhe had the right to be in theparking lot and that I had 'no business- talking to him. After some time passed, l walked away from the vehicle and had no further contact Qith either of the vehicle’s occupants that evening. 3. Later that night, while I was in UnionJHeadquarters, I observed a flyer posted on the wall explaining that police officers gave a man named Nicholas Robinson a warning for trespassing on the property of Union Headquarters‘. The flyer had a photograph of Nicholas Robinson that matched the face of the occupant of the vehicle with whom I spoke earlier that evening. 4. Approximately a week later, on September 18, "2018, a police officer whom I was supervising, Anna Perez, informed me that she was driving on=4th Street and that she observed two men arguing on the side of the street across from Union Headquarters, .She shined her vehicle’s spot light at the two men to assess whether there was any danger. As she continued to drive down the street, one of the men statted waving :his arms as if he were signaling for her to stop. Officer Perez drove toward the man and started a conversation with him. He asked her why she was harassing him by shining the spot light at him. He then requested t0 speak to a supervisor. Officer Perez subsequently asked me to come to the scene. 5. At approximately 11:40 pm, I artived 'on the scene, and I immediately recognized the man who requested a supervisor as Nicholas Robinson. Mr. Robinson complained to me about Officer Perez’s use of the spot light. I responded by explaining that she shone the. light to see ' better in the darkness and verify whether you were safe. Mr. Robinsontrefused to acceptmy explanation'and continued to berate m_e for what he claimed to be Officer Perez’s inappropriate conduct. .His demeanor was hostile as he raised his voice, took an aggressive tone, a_nd statted mo’ving his arms in the air while he spoke. '6. Because Mr. Robinson keot repeating his complaints without listening to my g explanation, Idecided to end the conversation and return to my other duties. As I left, I reminded him thatl was the police officer who observed him approximately a week ago in the parking lot at ’Union Headquarters. I also reminded him that prior to that night, other po'liceofficers Observed ' 000707674 2 Declaration ofThuy Le --_ - him trespassing on Union property and warned him that he would be arrested if he were to trespass again. I repeated this waming. Mr. Robinson replied that when he and i initially met a week ago, I failed to arrest him when he was in the parking lot of Union Headquarters, so he doubted that I would arrest him now. 7. Aficr leaving Mr. Robinson’s location and arriving at Union Headquarters across the street, l confimxed with Sergeant Anthony Kilmer, who posted the above fliers with Mr. .F9bins<>_11’§12.139198raph_ iasisisUnion Hsédqnafiessdhafi 9.01.198 officsxs__adm9nishsd Mr.- quin§99_ \ooo;\xo‘u..nwu p- O h- - -- ._.. M 13 :4 15 16 L 17 18 19 20 21 22 23 24 25 26 27 28 MF.SSING ADAM & IASMINEm t v-nuu-u» n- I nu in the past for trespassing on Union Headquarters. 8. Subsequently that night, I observed Mr. Robinson run across the road and enter the parking lot ofUnion Headquarters. l arrested him for trespass. I declare under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct. Executed on this 4th day ofMay, 2019, at San Jose, California. $\ka THUY LEV 000707614 3 19CH003742. EXHIBIT 4 H Gregg McLean Adam, Bar N0. 203436 gregg@maj[abor.com Monique Alonso, Bar No. 127078 monique@majlabor.00m Matthew Taylor, Bar No. 264551 A 1 9 0 ' matthew@majlabor.com i, C H 0 8 7 4 2 MESSING ADAM & JASMINE LLP 235 Montgomery SL, Suite 828 San Francisco, California 94104 Telephone: 415.266.1800 Facsimile: 415.266. 1 128 Attorneys for San José Police Officers’ Association SUPERIOR COURT 0F THE STATE 0F CALIFORNIA COUNTY 0F SANTA CLARA e 00 q O\ UI -P- UJ' IQ Hp-A I-‘O San Jose’ Police Officers’ Association, Case No. 1 9 CH U 0 87 3 5 H N Plaintiff, DECLARATION 0F MITCHELL GUTIERREZ IN SUPRORT 0F v. ‘ . PLAINTIFF SAN JOSE POLICE OFFICERS’ ASSOCIATION’S PETITION Nicholas Aaron Robinson, FOR WORKPLACE VIOLENCE RESTRAINING ORDERS A-IHp-a U't-Pb) Defendant. |_a Q Date: Time: Dept.:H q NHH00m I, MITCHELL GUTIERREZ, declare as follows: NI H 1. 1am a police officer employed by the San Jose Police Department (“Department”), NN and I am a member of Plaintiff San José Polite Officers’ Association (“Union"), Lh_e labor union [Q U.) representing Department police officers. Ihave personal knowledge of the facts set fonh herein, NA and if called as a witness, Lcould' and would competently testify thereto. I make this declaration in M (ll support of the U'niOn’s Petition for Workplace Violence Restraining Orders. 2. 011 May 29, 2018 at approximately 12:00 am, I was on duty, dressed in full NMQ0 uniform, sitting in a marked patrol vehicle, while writing police repons. The car was parked "in the 28 parking lot of 1151 North Founh St, San Jose, CA 951.12=(“Union Headquarters”). It is common MESSING ADAM &' JASMINE LLP 000707544 ATTORNEYS AT LAW Declaration of Mitchell Gutierrez p for Department police officers, during their shift breaks, .to either-park in thg' [0t at Union Headquarters to Complete paperwork or enter the premises to enjoy the break" room. 3. During this time, Iheard a man yelling very loudly. I exited my patrol vehicle to investigate ahd o'bserved a man standing approximately fouf feet away from theside of another Patrol car in which my co-workcr, Officer Fassio, was. sitting. He was‘film'ing Officer Fassio With the Camera on his mobile phone as hcscreamed profane statements, which included, “Fuckyou,” and “You fucking cops don’t do anything.” At some point, Officer Fassio exited his vehicle, hnd Officer Trans aiso appeared on the scene. \oooQo'in-hww 4. The man’s demeanor was extremely hostile as he repeatedly yelled profanities at pa O Officer Fassio, thrusthis pointed index finger at Officer Fassio; puffed out his chest, repeatedly w H rolled his ”shouiders, and kept his feet in a fighting stance. He was also talking at a very’i'ast pace 3-. IQ and saying non-sensical statements.- Because of ”these actions, I was concerned that the man might g... L9 be emotionally disturbed and that he was going to strike'Officer Fassio. ,_. .p 5. At that point, I approached the man and asked: him whether he needed any help. In H Ul' response, the man directed his attention towards me and Continued to yell insults and described ,_. mm how he believed the “police in general” have committed bad acts against him, including unfairly y_. \3 seeking'him out and unlawfully detaining him. He also discussed how the police-fail to tow y-n m illegally parked cars, but hezdid not identify any specific cars that we should address atthat time. {-4. xo- i At some point during this conversatiOn, =he informed me that his name was Nicholas Robinson. NO 6. I-then informed theMr. Robinson that he was on private property” without _t\')n.- permission. Iexplained to him that becausehe wa‘s acting in a hostile manner, he needed to leave: .N .N ._ the property of Union Headquarters. I also informed him "that; if he failed to‘ comply with my I orders, the other officers and I Would arrest him. N N A Lt.) 7. Afterhesitating for a moment, Mr. Robinson 90mplied' with my order by exiting the t0 U! parking lot and-crossing 4th Street; He did so while continuing to yell profanities-at us. [\JO\ 8. After several minutes, [returned to my patrol vehicle,.. started driving, and exited NQ the'parking lot. As Iipulled out of the driveway and on to 4th Street, Iobserved Mr. Robinson 28 standing on the side of the street shining his flashlight at the Union Headquarters. The flashlight MESSING ADAM 8:. JASMINE Lb? 000707544 2A‘rm’m’s Xr LAW ‘ .. _ . . .. . ' Declaration of Mitchell Gutierrez H emitted a red light-cither due to a red bulb or a red lens. When Mr. Robinson saw me in my car, he shined the. redlight at me. 9. Later that: morning, .I entered Mr. Robinson’s name in the Dgpamnent’s databas¢ and found a phdtograph of him: This photograph matched the identity of the man that'I - encountered that morning. Furthermore, Mr. Robinson’s record in the database showed that he lived close to Union Headquarters across 4th Street. This address matched the ”general area to which the man retreated after our exchange. 10. Ireturned to Union Headquarters "that day and informed the Union’s staff members about what had transpired. They informed me that two weeks earlier, another police officer, - I O Sergeant Thuy Le, observed Mr. Robinson in the parking lOt of Union Headquarters and informed :H r- =M rd Mr. Robinson that he was trespassing on private property. He warned Mr. Robinson that the police would arrest him if he trespassed again o'n Union property. 9-H U.) 11. Several months later in either October or. November2018, at approximately 9pm, '1 p_. A . was on duty driving a marked police .car. As Idrove into thc-parking lot of Union Headquarters, I H (J1 noticed -a single light appear in my vehicle’s rear window. I then observed that the'light came _. Ox from a flashlight held by a man standing across 4th Street. Because the man shone the flashlight ._. Q in my direction, I believed that he was trying t0 get my attention t0 ask for assistanCe. ad m 12, After parking my vehicle, Iobserved the man cross 4th Street, stand on the 1-: \O 3 sidewalk in front of the parking lot of Union Headquarters, and yell loudly at two other police to o“ officers, Officers Ceballos and Pasternak, who were also present on the scene. As I got closer to . 'N +- the man, I recognized that he was the same person from the prior incident” discussed above, z'.e. :N.N Nicholas Robinson. w‘03 13, I observed Mr. Robinson yelling at the other two officers, claiming that he either had filed cemplaints' against them in the past or will file complaints against them in‘ the future. He N l0 Uh A mentioned an Internal Affairs caseand a law suit against these officers. Furthermore, he repeated NO\ the complaint he made several 'mo'nths earlier, accusing police officers of failing to tow NQ illegally parked cars. Again, he did hot provide any complaints regarding specific vehicles. I 28 massmc ADAM st JASMINELLI' 000707544 3AUORNEYS AT LAW ' -- .- . . . . Declaration of Mitchell Gutierrei \OOOQOLI’IAUJN- NMNNMr-nr-uv-Amr-Ar-‘I-Ir-np-A-n awwwowmummhww'Ho M Ln 26 27 28 MESSNGADAM .2 JASMINE LL? Anmzys xr Luv find this complaint to be particularly memorable because he discussed the same issue in both incidents that occurred months apart. . ' l4. Mr. Robinson also explained ho‘w previous charges; against him for'trespass'mg on Union Headquarters had been droppe‘d. I replied that evefi if the charges had been dropped in the past, we would arrest him for trCSpass if he Were to enter Union property again. At that point, he demanded to speak with our supervisor. I then contacted my supervisor, Sergeant Anthony Kihner, regarding Mr. Robsinson’s request. Sergeant Kilmer advised mc that he would speak with Mr. Robinson in approximately half-hour. When I relayed this message to Mr. Robinson, he stated that he would wait until Sergeant Kilmer was ready. He then lefi the area next to the Union Headquarter’s parking lot by walking across 4th Street. I oeclare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct. l Executed on this 3rd day ofMay, 2019, at San lose, Califomia. MITCHELL GUTIERREZ uomom-l 4 Declaration ofMilchell Gutierrez *19CH008742 EXHIBIT 5 .1 Gregg McLean Adam, Bar No. 203436 gregg@majlabor.com 2 Monique Alonso, Bar No. 127078 I monique@majlabor.com 3 Matthew Taylor, Bar No. 264551 , matthew@majlabor.com 4 MESSINGADAM&JASMmE-LLP F 19CH00874 2235 Montgomery St, Suite-828 5 San. Francisco; California '941 04 Telephone: 415.266.1800 6 Facsimile: 415.2661 128 7 Attorneys for San Jose’ Police Officers’ Association 8 SUPERIOR COURT 0F THE STATE OF'CALIFORNIA 9 COUNTY 0F SANTA CLARA 1.0 1'1 19 CH 3 5 _ San José Politic Officers’ Association, Case'No. 0 0 8 7 '12 _ Plaintiff, _ DECLARATION OF SEAN PRITCHARD .13 IN SUPPORT OF PLAINTIFF SAN JOSE v. POLICE OFFICERS’__ASS_0CIATION’S 14 PETITION FOR WORKPLACE _ Nicholas Aaron Robinson, VIOLENCE RESTRAINING ORDERS 1'5 Defendant. Date: 16 Time: , Dept.: 17 '18 1.9 20 I, SEAN P'RITCHARD, declare as follows: 21 -1. JI am the Vice President of Plaintiff San Jose’ Police Officers’ Association 22 (“Plaintift" 'or “Union”), and I also serve as a policesergeant in the San Jose Police Depanment 23 (“Department”). IhaV'e personal know'le'dge-of th'e facts‘set forth herein, and if called as a witness, 24 I could and would competently testify thereto. [make this declaration in support-of the Union’s 25 Petition for Workplace Violence Restraining Orders. 26' 2. The Union is a California association engaged in the enterprise of'rcpresenting San 27 Jose Police Department law enforcement officers with the City of San Jose to enhance their wages, 28;? benefits, and working conditions and supporting the San Jose community through the Union’s MESSlNG ADAM &_ i I. JASMINELLP 4 000707714 A‘nnaxevs A‘rlAw - 1. Declaration of Sean Pritchard H 'to p. B Ox LII A b) N 28 MESSING ADAM & JASMINE LLP AWORNEVSAT [AW \omqom-Awp charitable giving and promotion of programs that e'nh'ancepublic safety. The Union’s Board of Directors includes .15 directors, and thé Union’s staff includes 6 employees. 3. Approximately two or three Weeks ago, I received a copy of an Intelligence Bulletin that was issued department-wide by the Department’s Special Investigations Unit (also known throughout the Department a's the “Intel Unit”) regarding Nicholas Aaron Robinson. A copy of this Intelligence Bulletin .is attached hereto as Exhibit A. - 4. The Intelligence Bulletin includes a photograph of Defendant and states the following: Officer Safety - Information Only Nicholas Aaron Robinson has had mimert'ms contacts with the San Jose Police Department. During ALL these contacts, Robinson is uncooperative, hostile and confrontational. It is very clear that his intentions are to hunt and baitofficers into contacting him sby purposely cursing and yelling at the officers. He has- a strong hatred towards police officers. Robinson's previous address was‘ 1184 N. 4th St. across the street from [Plaintiff’s headquarters]. Robinson on many occasions would contact officers [while these officers were] report writing in their- vehicles by cursing and expressing his displeasure withhow he has been treated by the San Jose Police. The Intelligence Bulletin further States, “[Robinson] has a history of resisting arrest and trespassing. If contact is made, approach with CAUTION.” 5. On Sunday, April 28, 2019, I was informed that two days earlier on April 26, 2019, police officers arrested Mr. Robinson for trespassing on the property of'the' Union’s business office at [151 North Fourth Street, San Jose, CA 951 12 (“Union Headquarters”). Concerned about Mr. Robinson’s actions, Icontacted several members of the Intel Unit, which is tasked with investigating individuals who pose a threat to police-officers and other Departmentemployees at police facilities or in the field. One of these Intel Unitmembers was Officer-Dan Anderson, who has‘ served in the Intel Unit off-and-on for approximately a decade. Officer Anderson stated that given the frequencyof the problems caused by Mr. Robinson, including harassing police officers during police operations and trespassing on Union property, Mr. Robinson is one of the worst 000701714 ' . .2 Declaration of Sean Prilchard ”.4 cases of an individual routinely threateningpolice. officer safety'that the Intel Unit has eVer investigated. I 6. On Thursday, May 2, 2019, at approximately 2:30 pm, Joanne Segovia, thc- Executive Director of the Union, informed Paul Kelly, the President of the Union, and me that on th‘e evening of May 1, 2019, she observed Mr. Robinson trespassing on the property of Union ' Headquarters. She stated that afier she exited the Union’s oflice to leave for the day, she obsegved Mr. Robinson walking in-the parking lot wearing body armor and carrying a taser-in his hand. She eXplained that she immediately recognized him from photo'g‘aphs givenito the Union’s staff- ooeqo'x'mAWN warning the staff to take precautions if they were to see him. As she walked to her ear, she observed him looking ather. She quickly entered her VehiCIe and drove away. Ms. Segovia -,_.._. Ho fimher'st'ated that Mr. Robinson’s presence in the parking lot, while wearing body armor and PE" N. holding a taser, fiightened her. H W 7. On Friday, May 3, 20 1 9, a week afier Mr. Robinson was arrested for trespassing on pd A Union property, I observed a black Jeep Cherokee with CA license plate 8GLM505 parked on 4th p... U] Street directly across Union Headquarters. This vehicle isknown to be associated with Mr. Ox Robinson as police officers have observed him driving the vehicle and riding in it as a passenger. ,..;.. Q I took photographso'f this vehicle-while it was parked in the above location. These photographs H W a‘re attached as ExhibitB. I obtained a copy of-a police report from the Intel Uhitregarding an” .-a \O incident onApril 18, 2019 involving Mr. Robinson. This police report indicates that the above NO vehicle is associated with Mr. Robinson. A copy of‘this report is attached as Exhibit C. N H Executed 'on this 4th day of'May,_2019, at 'SanJose, California. N)N SEAN PRITCHARD NNNNN qmm¥m 28 MESSINGADAM'& mums Lu» 000707714 3 ATmnsEvs A1- LAW . . . Qeclaration of Sean Pritchard