Request Restraining Order

Cal. Super. - 6th Dist.October 30, 2019

.111 Petition for Workplace Violence C’ems’aWPSda'e ”e’e W"6"'°”"'5fi’ed- Restraining Orders 1 - i“ ' Read l/(m' Du l (icl an ()rdcr Ir) l’mlzihil Workplace Violence (form UCT 30 2mg WV-lOO-INF()) before completing this form. NOTE: Petitioner must ‘ be an employer with standing to bring this action under Code 0f '.- WW. s F Civil Procedure section 527.8. Also fill out ('mz/idential CLETS f f. ‘EI' . ‘ . . . '~ .v ‘ r n. Information (form CLETS-OOI) wnth as much Infonnatlon as you know. ' ' ' ‘2 gun“, (D Petitioner (Employer) a. Name: City ofSan Jose IS a D corporauon D SOIe proprietorsmp Fill in cou name and street address: E (speq‘tw: governmentemity Superiyoun otoamornia, County of . , . . . ~ . . - . . Sama ara and Is hlmg thus sun 0n behalf oflhe employee Identified In Item® '9] N. First St. b. Lawyer for Petitioner ([fanyfor this case) _ Sim JOSC- CA 95' l3 Name: Julia Van R00 Stale Bar No.: 274169 DowntOWn Superior Court Firm Name: Office 0fthe City Anomey Court fills in case number when form is filed. Petitioner‘s Address (IfIhe petitioner has u lawyer, give the lawyer 'S as Tr r2 information.) 1b C 60 9 0 3 1c. Address: 200 East Santa Clara St.. l6th Fl. City: San Jose State: CA Zip: 95113 Telephone: (408)535-1900 Fax: (408)998-3131 E-Mail Address: ® Employee in Need of Protection Full Name: Omar Torres Sex: E M D F Age: 38- ® Respondent (Person From Whom Protection Is Sought) FullName: Eric Abraham Hernandez Age:L Address (ffknown): I45 Oak Street City: San Jose State: _CA_Zip: 95110 ® Additional Protected Persons a. Are you asking for protection for any family or household members of the employee or for any other employees at the employee’s workplace or at other workplaces of the petitioner? D Yes E No (Ifyes, listlhem): FullName §e_x Ag: Hougehold Member? Relationshipto Employee D Yes D No D Yes D N0 D Yes D No D Additional protected persons are listed in Attachment 4a. This is not a Court Order. mummcan , v - - - ' ' WV-1 0 P 1 fmm“mm,§";amfigfm“9° Petltlon for Workplace Violence Restraining Ordgrs ° v age ° 5 °°°°°'C‘“'P'°°°°“'°~§§ 527““ 5279 (Workplace Violence Prevention) > w Case Number: ® b. Why do these people need protection? (Explain):E Response is stated in Attachment 4b. See attached memorandum. Respondent assaulted Omar Torres without warning at his workplace in 2008. Now Respondent has threatened to "burn city hall and the whole city" and send B.G.F Relationship of Employee and Respondent gang hitmen to harm him. a. How does the employee know the respondent? (Describe): D ReSponse is st ated in Attachment Sa. Former coworkers and roommates. The City no longer employs Respondent, and longer live together. Petitioner and Respondent no b. Respondent D is E is not a cun'ent employee of petitioner. (Explain any decision 10 retain, terminate, or otherwise discipline the respondent): D Response is stated in Attachment 5b. Respondent lefi City service on December 14, 2003. Venue Why are you filing in this county? (Check all that apply): a. E The respondent lives in this county. b. E The respondent has caused physical or emotional injury to the petitioner’s emlLloyee in this county. c. D Other (speczfi): Other Court Cases a. Has the employee or any of the persons named in® been involved in another court case with the respondent? D No E Yes Ifyes, check each kind ofcase and indicate where and when e 10h wasflled: Kind f ase iledin ou tare Year___0_L _.jEjled Case Number (It known) (1) E Workplace Violence Santa Clara, CA 2008 1-08-CH-001768 (2) D Civil Harassment (3) D Domestic Violence (4) D Divorce, Nullity, Legal Separation (5) D Paternity, Parentage, Child Support (6) D Eviction (7) D Guardianship (8) D Small Claims (9) D Postsecondary SchoolViolence (10) E Criminal Santa Clara, CA 20 8 CC814744 (1 1) D Other (specify): j I b. Are any restraining orders or criminal protective orders now in effect relating to the employee or any of the persons in@ and the reSpondent? E No D Yes (Ifyes, attach a capy This is not a Court Order. ifyou have One.) Revised Jamary 1. 2018 (Workplace Violence Prevention) . Petition for Workplace Violence Restraining Orders “N'mo' P3992 °‘5a Case N umber: Description of Respondent's Conduct a. Respondent has (check one or more): (1) E Assaulted, battered, or stalked the employee (2) E - Made a credible threat ofviolence against the employee by making knowing or willful statements or engaging in a course of conduct that would place a reasonable person i1 fea: for his or her safety or the safety of his or her immediate family. b. One or more of these acts (check either or both): (l) E Took place at the employee’s workplace (2) Can reasonably be construed to be carried out in the future at the employee’s workplace Address of workplace: San Jose City Hall, 200 East Santa Clara Street, San Jose, CA 951 13 , c. Describe what happened. (Provide details; include the dates ofall incidents beginning with the most recent; tell who did what t0 whom; identifiJ any witnesses): E Response is stated in Attachment Sc. See attached declarations. Respondent is a former employee. On February 13, 2008, Respondent was prosecuted for hacking City servers, and ultimately convicted (CC895399). On July 29, 2008, Respondent contacted a City employee, Omar Torres, a former coworker at his commun ty center. They argued, and Respondent threatened him saying, "Who the fuck do you think you are" an "I'll go to jail just to kick your ass." An hour later, Respondent Iaid in wait as Mr. Torres lefi work. R .spondent pushed Mr. Torres to the ground and kicked and punched him with a closed fist. Mr. Torres went to his knees and covered his head. Respondent struck Mr. Torres 19 to 22 times yelling, "Fuck you Oman" a bystander tried to intervene. Mr. Torres tried to run away three times, and Respondent pushed Mr. Torres back to the ground three times before Mr. Torres finally got away. Respondent was arrested and convicted (CC814744). The Court issued a workplace violence restraining order that lasted till August IE, 201 1 (1-08-CH-001768). On October 12, 2019, Respondent emailed City employees, including Mr. T )rres, and again threatened violence, including to "burn city hall and the whole city" and send B.G.F. g ng hitmen afier him. 7 " d. Was the employee banned or. injured? E Yes D No (Ifyes, describe ha "m or injqries): D Response is stated in Attachment 8d. Mr. Torres sustained soft tissue injuries during Respondent's July 29, 2008 assault. To the extent photographable, photographs ofhis injuries are attached to his declaration. e. Did the respondent use or threaten to use a gun 0r any other weapon? U “Yes No (nyes, describe): U ReSponse is stat_ed in Attachment 8e. This is not a Court Order. . Petition for Workplace Violence Restraining Orders W‘Moo: P399 3 “6 (Workplace Violence Prevention) a Revised Jamary 1. 2018 Case Nflmber: 4 f. For any ofthe incidents described above, did the police come? E Yes D o D ldon’t know 1fyes, did the employee or the respondent receive an Emergency Protective 0rd ? D Yes E No D Idon’t know Ifyes, the order protects (check all that apply): D the employe'e D the respondent D one or more ofthe pers ns in@. (Attach a copy ofthe order if‘you have one.) Check the orders you want ® E Personal Conduct Orders I 'ask the court to order the reSpondent not to do any of the following things to the err ployee or to any person to be protected listed in@z a. E Harass, intimidate, molmt, attack, strike, stalk, threaten, assault (sciually or otherwise), hit, abuse, destroy personal‘property of, or disturb the peace ofthe person. b. E Commit acts ofunlawful violence on or make threats of violence to the persor . ‘. E Follow or stalk the person during work houxs or to or fiom the placeof work.c d. E Contact the person, either directly or indirectly, by any means, including, but mt limited to, in person, by telephone, in writing, by public or private mail, by interoffice mail, by e-maiI, by text message, by fax, or by other electronic means. I'D. E Enter the person’s workplace. I I D Other (specifi): U As stated in Attachment 9f. 3'” The respondent‘will be ordered not to take any action Io get the addresses or location: ofanyprotectedperson unless Ihe court/inds good cause not to make the order. Stay-Away ”Order I 8- Iask the__court to order the respondent to stay at least 300 yards away fi‘Jxm (check all that apply): (l) E The employee. r (8) E The employee’s vehicle. (2) D The other persons listed in @ . (9) D Other (specifiz): (3) E The employee’sworkplace. (4) E The employee’s home. (5) U The employee’s school. (6) U The school ofthe employee’s children. (7) U Th: place of child care ofthe employee’s children. This is not a Court Order. W‘mm‘ma Petition for Workplace Violence Restraining Orders WV"°°- P39“ °‘5 (Workplace Violence Prevention) 9 /\" x Case N umber: .b. ® Guns or Other Firearms and Ammunition 0 E No Fee for Filing I ask that there be no filing fee because the respondent has threatened violence against the employee, or acted or spoken in a manner that has placed the employee in reasonat Revised Jamafy 1. N18 Ifthe court orders the respondent to stay away from all the places listed above, x to his or her home, school, orjob? E Yes D No ([fno, explain): D Response is stated on Attachment 10b. vill he or she still be able to get Does the respondent own or possess anyguns or other firearms? D Yes D No E IfIhejudge grants a protective order, the respondent will be prohibitedfiom owm‘n receiving. or attempting topurchase or receive a gun, otherfirearm, andammunilio in efl'ecl. The respondent will also be ordered to tum in Io law enforcement, or sell t dealer, any guns orfirearms within his or her immediatepossession or control. E Temporary Restraining Order fl I don’t know possessing, purchasing, while the protective order is 0r store with a licensedgun I request that a Temporary Rmtraining Order (TRO) be issued against the Responder presenting form WV-l 10, Temporary Restraining Order, for the court’s signature t Has the Respondent been told that you were going to go to court to seek a TRO agair E Yes D No Ufyou answered no. explain why below): U Reasons are stated in Attachment 12. t to last until the hearing. I am ether with this'Petition. st him/hcr? D Request for Le‘ss Than Five Days' Notice of Hearing You must haveyourpaperspersonally served on (he respondent at leastfive days befc court orders a shorter timefiJr service. (Form WV-200-INFO explains what is proofq WV-200. Proof ofPersonal Service, may be used to show the court that the papers hfiIfyOu want there to be fewer than five days between service and the hearing, explain U Reasons are stated in Attachment l3. re the hearing, unless the fpersonal service. Form been served.) hy: This is not a Court Order. (Workplace Violence Prevention) Petition for Workplace Violence Restraining 0rd he employee, or stalked le fear ofviolence. WV-1 00, Page 5 of 69I'S Case Number: I E No Fee to Serve Orders l ask the court to order the sheriff or marshal to serve the respondent with the others 1for free because this request for orders is based on a credible threat of violence or stalking. D Court Costs l ask the court to order the respondent t0 pay my court costs. ® D Additional Orders Requested I ask the court to make the following additional orders (spec'ifidz D Additional orders requested are stated in Attachment l7. Number ofpages attached to this form, ifany: C48 Date: Oct 29, 2019 Julia Van Roo > Q 3/99? Lawyer 's name (ifany) Luqure l declare under penalty of peljury under the laws of the Stale ofCalifomia that the information above and on all attachments is true and correct. Date: Oct 29, 2019 ®%CITY 0F SAN JOSE by Julia Van Roo } r f CK Name ofpelitioner Sig/lflure Deputy City Anomey Title This is not a Court Order. 1 Petition for Workplace Violence Restraining Ordérs WV'1°°’ P3996 °‘6 (Workplace Violence Prevention) ‘ Revused January 1, 2018 EXHIBIT 4b O (D m \lym U1 ¥ (.0 N _x N N N N N [\J [\J N‘N _L _x A __x _x .1 _x _x _x _L m N O) 01 -b (A) N‘ -¥ O (D m \l O) 01 -& (JO N -\ RICHARD DOYLE, City Attorney (#88625) NORA FRIMANN, Chief Trial Attorney (#93249) CHRISTOPHER CREECH, Deputy City Attorney (#293037) JULIA VAN R00, Deputy City Attorney (#274169) Office of the City Attorney 200 East Santa Clara Street San José, California 951 13-1 905 Telephone Number: (408) 535-1900 Facsimile Number: (408) 998-3131 E-MailAddress: cao.main@sanjoseca.gov Attorneys for CITY OF SAN JOSE SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA CIVIL DIVISION CITY OF SAN JOSE, Case Number: Petitioner, MEMORANDUF AUTHORITIES v. PETITION FOR ERIC ABRAHAM HERNANDEZ, Respondent. l. INTRODUCTION ll OF POINTS AND IN SUPPORT OF WORKPLACE VIOLENCE RE. TRAINING ORDER Petitioner CITY OF SAN JOSE ("City”) brings the above-captioned action seeking a restraining order against Respondent ERIC ABRAHAM HERNANIDEZ ("Respondent”) based upon Respondent’s threatening statements and behavior tcward Omar Torres, an employee of the City. The City respectfully request that the Court immediately iss Je a temporary restraining order to protect the threatened City employee and issue an order t0 show cause why this temporary order should not be made permanent. Ultimately, the City seeks a permanent restraining order. // 1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WORKPLACE VIOLENCE RESTRAINING ORDER CO m *4 '0) 01 A 0) N -L NNNNNNNNNAAAAAAAAAA mflmtfiAwNAOQmNQG-th-‘Q ll. §TATflILENT OF FACT§ 1. Background Information Respondent is a former City employee, who worked for tr e Department of Parks, Recreation and Neighborhood Services ("PRNS”) in 2003. (Torrs Decl 1T 5.) Torres knew Respondent from when Torres had volunteered in the Washingt-n neighborhood and had helped ReSpondent obtain his position with PRNS. (Id.) Respon ent volunteered as an intern for former City Councilmember Cindy Chavez in 2006, an - then stayed in his position through August 2007 to assist Chavez's successor. Sa Liccardo. (Id. 1] 9.) Respondent was serving as President of the GuadalupeNVashin ton Neighborhood Association in early 2008. (Id. Tl 10.) On or about February 15, 2008, Respondent was arrested for illegally'accessing City e-mail accounts. (Id.) ln Marc 2008, ReSpondent pled guilty to a misdemeanor charge .related to the unauthorized acce s of City e-mail accounts, and Respondent resigned from his position as Preside tof the Guadalupe/Washington Neighborhood Association. (Id.) Since January 2015, Torres has been employed by the Cit as the Community Relations Director for Councilmember Magdalena Carrasco, Dist ct 5. (Id. 11 1.) In his official capacity, Torres is responsible for scheduling for the Cou cilmember, conducting community outreach, event management, and staffing related to -oards and Commissions, Public Safety, and Finance Committee. (Id. 1] 2.) Torres' primarily works at City Hall located at 200 East Santa Clara Street in San José, but Iso attends community meetings and events at various locations throughout the City. (Id. 3.) Torres also serves as Director of Region 7 of the California Democratic Party. working to establish relationships with Democratic party activists from Santa Clara Cou nty to Monterey County by organizing and attending various political events in the area. (Id. 11 4.) Torres was previously employed by the City as a community activity worker from approximately'2005-201 1. (Id. TI 6.) During this time, he worked at various locations, including the Alma Community Center at 136 W. Alma Street and City Hall. (Id. 1] 8.) During this time, Torres and Respondent were friends. (Id. 1] 9.) 2 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WORKPLACE VIOLENCE RESTRAINING ORDER OCDmVQUI-bODN-k NNNNNNNNN-LAAAAAAAAA OONOU'IAOJN-iocomKIOO‘l-th-K 2. Respondent Physically Assaults Torr_es on July 29 2008 On July 29, 2008, Torres was working in his position as a community activity worker for the City at the Alma Community Center. (Id. fl 11.) Respondent called the community center and Torres answered the phone. (Id.) Torres told Responéent that he had noticed an article in the newspaper where Respondent was quoted as saying that Respondent was the President of the Washington/Guadalupe Neighborhood Association. (Id.) Torres told Respondent that this was not true because Respondent had resigned as President. (Id.) Torres stated that Respondent cannot represent the neighblrhood association and that the community-based organizations and City employees do because of his arrest for the unauthorized intrusion into a City co 0t trust Respondent Jncilmember’s computer. (Id.) Torres told Respondent that thesepeople are fearful of him. (Id.) Respondent became irate, cursing and threatening Torres. (Id. 1] 12.) Respondent told Torres: "Who the fuck do you think you are?" and “I’ll go to jal just to kick your ass.” (Id.) After Torres put Respondent on speaker phone, Respondeni’s threats were overheard by another person. (Id.) Approximately an hour passed after this conversation and Tt about 3:45 p.m., Torres was leaving the Alma Community Center and encountered Respondent outside. (Id. 1] 13.) Respondent stated “Hey Omar, I have to give you som Ething." (Id.) Suddenly and unexpectedly, Respondent physically attacked Torres, pushing him to the ground. (Id.) Respondent kicked and and punched Torres as Torres fell to his kneeé and covered his head. (Id.) Respondent punched Torres about 1 5 to 17 times a nd kicked him 4 to 5 times. ReSpondent shouted “Fuck you Omar” while he was punching and kicking Torres. (Id.) The attack continued until Torres was finally able t0 escape and ran away. (Id.) Torres and another coworker called the San José Police Department and made a police report about the attack. (Id. 1] 15.) After Respondent’s attack on Torres, he felt afraid for his sa the City Attorney's office to obtain a Civil Harassment Restraining 1 fety and worked with Brder (Case no. 1-08- CH-001768) for three years, which expired on August 18, 2011. (I L 1] 16.) _ 9 3 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 0F PETITION FOR WORKPLACE VIOLENCE RESTRAINING ORDER O(DmNOU‘I-bCOM-s NNNNNNNNN-L-x-LAAAAAAA m‘flmm-PCDN-‘OCOW‘JQUWAWN-x 3. Respondent Gets Sober and Reconciles with Torres from 2012-2015 After the expiration of the Civil Harassment Restraining Order in 2011, Torres began encountering Respondent at political events aroun day in late 2012, Respondent flagged down Torres in Downtown d the City. (Id. TI 17.) One San José and told him, “I’m not going t0 hurt you, ljust want to talk to you.” (Id) Respondent appeared sober and calm; he indicated that he was getting help for his drug addiction methamphetamine. (Id.) Torres decided to give Respondent ano Over the course of‘the next few years, Torres took Respo meetings, they volunteered together 0n political campaigns, and to crystal {her chance. (Id) ident to sobriety Respondent even shared housing with Torres and other roommates for a time. (Id. 1] 18.) During this time, Respondent had a job and paid his rent timely. (Id) 4. Respondent’s Drug Use and Erratic Behavior Resumes in 2015 Though they ceased being roommates when Torres moved out of the shared housing in 2015, Respondent and Torres remained friends. (Id. TI 19.) During this time, Torres and Respondent would often drink alcohol together. (Id) espondent would disappear for days 0r weeks at a time and his behavior became erratic again, presumably due to his resumed drug use. (Id) ln 2017, Torres recognized that he had an addiction proble 0f his own and began a recovery program. (/d.) At the same time, Respondent’s drug p problems in his shared living situation, and Respondent's roomm r blem was causing te told Torres that Respondent was going to be kicked out of his housing for not pay ng rent and coming home high and drunk. (Id. TI 20.) 5. Respondent’s Drug Use Causes Torres to Cut Ties i Early 2018 Torres tried to help Respondent by taking him t0 meetings nd encouraging him to get sober. (Id.) However, by early 2018, Torres cut ties with Resp ndent in order to protect his own sobriety. (Id. 1] 21 .) Torres told Respondent that Tc rres could not be around him due to his drug use and Torres could not help him anymore. (ld.) // 4 MEMORANDUM OF POINTS AND AUTHORITIES 1N SUPPORT OF PETITION FOR WORKPLACE VIOLENCE RESTRAINING ORDER OQmNOfiCfl¥O¢N-\ NNNNNNNNN-l-I-L-kA-‘AAAA mMQm-kmN-‘OLOQNQUIAOON-‘r 6. ln' 2018 ReSpondent Begins Harassing Torres with Texts and Phone Calls In his official capacity as Community Relations Director fcr Councilmember Magdalena Carrasco, Torres continues to see Respondent at c mmittee meetings at City Hall or community meetings and events. (Id. 1] 22.) After these eetings, Respondent regularly sends Torres strange text messages on his personal c ll phone at odd hours of the night or in the early morning hours the following day. (Id. 11 2‘ messages often inciude profanities, offensive slurs about Torres' Respondent also calls Torres on his personal cell phone. (Id. 1] 2 .) Respondent’s text sexuality, and vague I threats about turning Torres into the District Attorney's office for fabricated crimes. (Id.) 4.) In one such recent phone call, Respondent told Torres: “watch your back.” (Id.) TorrIS understood this to be a threat that Respondent would do something to harm Torres, eith slandering Torres’ reputation. (Id.) For approximately 18 months, Respondent’s behavior has .r physigally or by continued to escalate and become increasingly erratic and threatening. (Id. 1T 25.) About one month ago, Respondent approached Torres at a public event. (Id.) He stepped you." (Id.) Torres asked Respondent to step back, and he refuse very close to Torres in . (ld.) Torres told him, a way that made Torres uncomfortable and Respondent said: “l fed to have coffee with "Do not talk to me.” (Id.) Others witnessed this interaction. (Id.) 7. Respondent’s Threatening E-mails on October 12, 2019 On Saturday, October 12, 201 9 at approximately 1:41 p.m. Respondent sent an e-mail to Torres' work e-mail address in which he wrote: "I hope Bgf gets you at the County parking lot and city hall garage. I let them know where at." (Id. 111] 26-27.) “BGF” stands for Black Guerilla Family, which is a violent prison gang. (J aseph Decl. 1] 7.) The e-mail chain also included what appeared to be e-mails‘ Respondent had sent to himself earlier in the day. (Torres Decl. 11 28.) On October 12, 2 Respondent wrote: “Fuck you. Fuck Omar. [. . .] Fuck you both. I'll whole city | don’t care [. . . ]”. (Id.) Respondent’s words and threat O1 9, at 1:19 p.m., burn city hall and the s reminded Torres of Respondent’s 2008 attack and how Respondent yelled “Fuck you Omar" while violently 5 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 0F PETITION FOR WORKPLACE VIOLENCE RESTRAINING ORDER (DQNO)O1#C9N-K NNNNNNNNN-x-A-s-AA-x-t-sAA mNODOI-th-‘OOWNODO‘I-AmN-ko '/\ attacking Torres. causing Torres to once again experience the te when Respondent was punching and kicking him. (Id.) 8. Respondent's Threats, Continuing Harassment of Torres cause Torres to Fear for his Safety On October 13, 2019, at approximately 6:29 a.m.. Torres + -rror of those moments nd Obsession with 'eceived multiple text messages from Respondent, saying: "Suck a dick fag”, "Fag", “Fag.” “Suck a dick fag” “Fag”. “Fag.” (Id. 1i 29, Exhibit 6.) On October 20, 2019 and Octo yer 22, 201 9, Respondent posted old 'photos of himseif with Torres to his Twitter account, commenting beneath one of the photos "Viva Omar!” (Id. 1] 30.) Torres was diqturbed that Respondent was posting these just over a week after threatening Torres in his Torres' belief that Respondent is unstable and unpredictable. ln a e-mail, and it reinforced recent Instagram post, ReSpondent posted a photo of himself with Torres and others, wr ting in the caption beneath the photo: [O]ne of us is already married. Either of us Omar’s pants.” (Id. 1] 31..) Respondent's actions demonstrate a fi Respondent’s threats, erratic behavior, drug use, verbal attacks, phone calls, and previous unprovoked physical attack of him have for his safety. (Id. 1| 32.) “1- MEI A. THREATS. An injunction is appropriate under Code of Civil Procedure a City of San José employee has suffered a credible threat of viol (a) Ant vio nce or a credible threat of violence employer, whose employee has suffere Dave yet to make it into ation on Torres. e-mail, text messages, caused Torres to fear AN INJUNCTION SHOULD ISSUE T0 PROTECTCITY EMPLOYEE OMAR TORRES FROM ANY ATTEMPT BY THE RESPONDENT TO CARRY OUT HIS Section 527.8 because n06: unlawful rom any individual, that can reasonably be construed to e carried out or to have been carried out at the workplace, tempora the empo ee and, at the discretion of the number o ay seek a restraining order and an injunction o behalf of c urt, any other employees at the workplac , and, If appropriate, other employees at other workpla s of the employer. (b) For the purposes of this section: 6 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WORKPLACE VIOLENCE RESTRAINING ORDER QNODO‘IACONA 11 12 13 14 15 16 17 ‘18 19 20 21 22 23 24 25 26 27 28 (2) "Credible threat of violence" is a k owin and willful statement or course of conduct that w uld p ace a reasonable person in fear for his,or her safety, r the safety of his or her Immediate family, and that serves n legitimate purpose. (CCP §527.8 (emphasis added).) The statutory definition of an mployer includes a city. (CCP §527.8(d).) As Respondent threatened the safety of Torr s, it is appropriate to impose measures to protect Torres. Respondent has made numerous credible threats of viole ce. A “credible threat of violence” is defined as a "knowing and willful statement that vLuld place a reasonable person in fear for his or her safety, or the safety of his or her imrr ediate family, and that serves no legitimate purpose." (Huntingdon Life Sciences, Inc. v Stop Huntingdon Animal Cruelty USA, Inc. (2005) 129 Cal.App.4th 1228, 1250; C¢5P §527.6(b)(2); CCP §527.8(b)(2).) Respondent's threats are direct and unqualified. For over ' year, Respondent has engaged in an escalating pattern of harassing and threatening b havior toward Torres, including recent threats to "burn city hall" and to send violent gan members to attack Torres. Respondent’s threats have become more specific and in icate an intention to cause physical harm to Torres. Respondent’s known drug 'use ad s an element of unpredictability to his behavior and he cannot be relied upon to a trationally. Safeguards must be put in place to prevent a repeat of Respondent’s 2008 a ack on Torres or worse. A credible threat of violence may be shown not just throug the threats themselves, but also through a "course of conduct,” which is “a p em of conduct composed of a series of acts over a period of time, however short evidencing a continuity of purpose." (Code Civ. Proc., § 527.8(b)(1).) Respond nt has shown a continuity of purpose in harassing and intimidating Torres. Becau e Respondent's previous unprovoked and unanticipated physical attack was prece ed by a threatening phone call, Respondent’s recent threats and harassment of Torre are made even more credible and fear provoking. Respondent’s previous and current d g abuse, his recent 7 MEMORANDUM 0F POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WORKPLACE VIOLENCE RESTRAINING ORDER O(OWKIOUIAQJN-k NNNNNNNNNAAAAAAAAAA mVOtfl-fiwN-kommflmmth-t (71 pattern of harassing and intimidating text messages and phone e-mail threats demonstrate that Respondent is once again in an during which he is capable of physical violence. 1. The Court May Order Respondent to Stay Away The Court has the authbrity to order Respondent to stay a calls to Torres, and his unpredictable state from City Hall. way from City Hall. Pursuant to Code of Civil Procedure section 527.8, the Court is permitted t0 issue injunctions containing "stay away” and “no contact” provisions if ' reasonably necessary to prevent future harm along the lines suggested by the defendant; past threats.” (In re MB. (2011) 201 Cal.App.4th 1057, 1063.) The Court is explicitl statute to issue an order “enjoining a party from specified behavi determines is necessary to effectuate orders described in subpa Proc. § 527.8(b)(6)(B).) Subparagraph (A), in turn, authorizes th from, among other things, “coming within a specified distance of, of, the employee." (Code Civ. Proc. § 527.8(b)(6)(A).) In determining the breadth of the “stay away" or “no conta granted, the Sixth District has directed trial courts as follows: granted authority in the Lr that the court ragraph (A)." (Code Civ. e Court to enjoin a party or disturbing the peace ct" injunction to be The content of a threat does not define the scope of the injunction; it offers a ground from which future violence may be anticipated. Cbnsequently, threatening violence does not lead to an injunction againstonly a similar threat; the aim of the order is to prevent harm of the nature suggested by the threat. (City of San José v'. Garbett (2010) 190 Cal.App.4th 526, 545 ("Garbett”).) Thus, in Garbett; the Sixth Distrjct upheld an injunction curtailing access to the San José City Hall even though the defendant had not particularly threatened to carry out any violence at that location. (Id. at 545.) The Court rejected the respondent’s argument that the injunction was overbroad because it curtailed his access to City CLuncil meetings, holding the threatsjustified the réstriction. (Id.) Similarly, Responc ent's threats justify curtailing his access to City Hall. City Hall is where the threatened Respondent made multiple threats specifically referring to City H parking garage, and Respondent has previously attacked Torres 8 employee works, al and the City Hall ir his place of work. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WORKPLACE VIOLENCE RESTRAINING ORDER A N |\J N N N [\J N |\J N .1 .4 ._\ ._\ .A A _x ...x _; .4 ' m \l O) U‘l -b DJ N -\ O LO m V C) 0'1 A (A) N -‘ O t0 m \I O) U1 h 0.) N Therefore, City Hall is where Respondent may be reasonably calculated to attempt to carry out violence against Torres. 2. Respondent’s Subjective Intent is Irrelevant. The definition of a “credible threat 0f violence" in Section 527.8 does not include the speaker’s subjective intent. Before 1998, Section 527.8, sutpart (b)(2), read as follows: “Credible threat of violénce” is a knowing and willful statement or course 0f conduct which would cause a reasonable pers n to believe that he or she is under threat .of death or serious bodil injury, and which is intended to,’ and which actually causes, a person to believe that he or she is under threat of death or ser ous bodily injury, and which serves n0 legitimate purpose. (CCP §527.8, Historical and Statutory Notes (emphasis added).) The 1998 amendment rewrote subpart (b)(2) of Section 527.8, deleting, among other changes, the language emphasized above regarding the speaker’s subjective intent. Se tion 527.8 now provides: “Credible threat of violence’ is a knowing and willful sta ement or course 0f conduct that would place a reasonable person in fear for his or h r safety, or the safety of his 0r her immediate family, and that serves no legitimate purpos (CCP §527.8(b)(2).) Because of this change, the Sixth District has held that subjective intent is irrelevant to analysis under Code of Civil Procedure section 527.8. (City of Sa José v. Garbetr (2010) 190 Cal.App.4th 526, 538.) Whether 0r not Respondent meant w at he said is irrelevant so long as the targets of his threats could reasonably fear for thei safety. 3. A Finding of Subjective Fear ls Not Needed B_eca se Section 527.8 Requires an Objective Standard. Actual fear by the recipient of a threat is not an element of T ”credible threat of violence." Section 527.8(b)(2) defines a “credible threat of violence" as “a knowing and willful statement or course of conduct thét would place a reasonable person in fear for his or her safety and that serves no legitimate purpose." (CCP §527.8(b)(2)?) If a reasonable person would be in fear of their safety after hearing Respondent’s threats, it is not necessary that his victims actually feared for their lives. 9 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WORKPLACE VIOLENCE RESTRAINING ORDER (DWVmUIAOON-h NNNNNNNNNAAA‘AdAAd.‘ meU’l-bWN-‘OCDWVGU'IAOON-‘O Furthermore, Respondent’s threats did cause Torres to féar for his safety. Objectively and subjectively, Respondent made credible threats.‘ 4. The 2008 Events are Not “Stale.” The passage of time between threatening events does not necessarily prohibit relief; the question is whether the totality of the circumstances evidences a continuity of purpose and the reasonable probability of future wrongful acts at the workplace. (See USS-Posco Industries v. Edwards (2003) 111 Cal.App.4th 436, 444 (two-month delay between threats of a shooting that were unreported and later threat by employee to take dispute to the parking lot and settle it not “stale").) Here, the fact Torres gave Respondent a second chance when Respondent was in recovery and not actively using drugs, does not diminish the fact that Torres is fearful of Respondent’s behavior when he is using drugs, and knows from his experience that Respondent can become suddenly violent without provocation. Respondent’s recent course of conduct, panicularly when combined with his past violent behavior, can and should lead Torres to fear that Respondent will once again commit violence against him. IV. CONCLUSION The City of San José respectfully requests that Respondent be enjoined so that protections can be put in place to prevent him from carrying out his threatened violence. Respectfully submitted, Dated‘ OCtObE'cfl 2°19 RICHARD DOYLE, City Attorney _ D uty City Attorney Attorneys for Petitioner, CITY OF SAN JOSE MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF I PETITION FOR WORKPLACE VIOLENCE RESTRAINING ORDER ‘ EXHIBIT 8c (DmNQO'l-AOONA NNNNNNNN-AAAAAAAAAA gflmm-bQNAOOWNQChAwN-XO 'E-Mail Address: cao.main@sanjoseca.gov ,r‘ \ u ‘ ’x u} "x RICHARD DOYLE, CityzAttomey (#88625) NORA FRIMANN. Chief Trial Attorney (#93249) CHRISTOPHER CREECH, Deputy City Attorney (#293037 JULIA VAN R00, Deputy City Attorney (#274169) Office of the City Attorney 200 East Santa Clara Street San José, California 951 13-1905 Telephone Number: (408) 535-1 900 Facsimile Number: (408) 998-3131 Attorneys for CITY 0F SAN JOSE SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA CIVIL DIVISION 7' CITY OF SAN JOSE. Case Number: Petitioner, DECLARATION 0F OFFICER ROODY LOU JOSEPH V. ‘ VIA PDF ERIC ABRAHAM HERNANDEZ, Respondent. l, ROODY LOU JOSEPH, declare as follows: 1.. | am currently employed as a police officer by the San (“SJPD”). l have personal knowledge ofiaII the matters stated here witness, l could competently testify thereto, except as to those matt José Police Department 1:1 and, if called as a -rs stated upon information- and belief, and as to those matters, l beiieve them to be true. 2. On October 13, 2019 at approximately 6:39 p.m., | wa s on patrol with Officer Harn'ngton (#4365),'lwhen Iwas advised by dispatch t0 meet with Lieutenant Kidwell (#3849) and Sergeant Hamblin (#3600) in the parking lot of the DMV locatec on Alma Avenue in San José. 3. ‘ Upon our arrival. Lt- Kidwell informed us that Eric Herr andez (”Respondent”) had made criminal threats to city officials and made a comment abo Jt burning City Hall. We f DECLARAIK3N(DF 1661373 .»’-r-'3::.~‘3iii*h.~::w;=n>: -.-. -. ' > cry, '. y u». '- "nt t_x'z mi:€2uk<<-:m.’.$3'r7.fs‘.vswr:.g‘;z «o: :S’UYuA'u- -'»' J; MN "‘1 (Dmflmm-kwNA NNN‘NNNNN-K-I-k-L-I-x-AAAA afimmth-AOOQNOO‘IAQN-IO werejoined by the Mobile Crisis unit. [then drove to Respondent’s his bedroom. demanded thatwe leave his hduse immediately. any questions from Mobile Cn'sis personnel or officers. A detennim to Welfare and-lnstitutions Code Section 5150. ltransported Respo Protective Services. duties and, by department policy, are entered no later than the end knéwledge, and the method and time of this report's preparation inc information contained therein is trustworthy. The information contail incorporated herein by reference. Respondent that had been received by various City and- County offi is a violent prison gang. 7. During the course of the investigation, l was given a 01 lfi residence. Upon rny arrival, lmade contact with Respondent's parents. They advised me that Respondent was in 4. ‘ Officer Hall (#4363) and I contacted Respondent inside his bedroom- Respondent was unhappy with our presénce and began yelling and asking for our badge numbé'rs. Officer Hall and l placed Respondent into handcuffs. Re pondentwas angry and 5- Mobile Crisis attempted to interview Respondent. Re pendent refused to answer tion was made that Respondent was a dangerto himself or others and he was placed on a 72 hour hold pursuant ndent to Emergency 6. Attached hereto as Exfiibit'l are the relevant portions of the police report V drafted by rne near in time to thé events described herein. The info mation contained in police reports are entered by SJPD officers. including myself, within the course and scope of our of shift in which they occurred. The information contained in_ this report is true and corre ct to the best of my icate to me the wed in the police report is gpy of the e~mails from L ,ials. Respondent's e-mails state: “I’ll burn city hall.” The e-mails also state "I hope Bgf g ets you at the County parking lot and city hall garage- l let them know where at." Based upon my training and experience as a police officer, l am aware that “BGF” stands for “Black Guerilla Family”. which DECLARATION OF 1661373 -‘:.-. m mum: u. .... -_,w. .._-.- W-»n. A M N |\) N N 47-; ._L _L ._L _z. _x ._x fix _L ' | declare under penélty of perjury pursuant to the laws ofthe State of California that the foregoing is true and correct. Executed this ng'aay‘of October 2019, in San José, California. 253%: . QQDnLLQUJQSEflb ‘Jose Police Officer Badge No. 4781 DECLARATION'OF 1661373 Liv ‘2 ‘ ‘« ."Jn. Mu u; . .,",,-x,. c L‘ 'i:;mu.}. ‘3, r’.. . a , . u ..z.\ .Wv-L'. «-...'_“‘....:.:;.’:__ rm- H :5 a-g-rr‘l ‘. H, , ,W N ‘ fl . ‘. v -A-._._.a./...-'?9-:.L.’l..w.......u_:.. ‘:...‘.....\;.. 3 u“. a v..‘....... - ~ .v-‘g-nr. ,t’w “wan" a > .«?7:.2:‘:-.:'rx:-:w EXHIBIT1 r SAN JOSE POLICIfflEPT LAW ENFORCEMENT/CRIMINAL JUSTICE AGENCIES HARDCOPY Do NOT DUPLICATE***0FFICIAL USE c NLY*** { GO# SJ 2019-192860691 5150-l 5150 WI 72 HR MENTAL HOLD DO NOT DUPLICATE***OFFICIAL USE ONLY*** Purpose: GOVERNMENT AGENCY Date released: Oct-15-2019 (Tue.) 1126 Authon'zed by: 3651 Released by: 3651 RELEASED TO Business name: CAO Surname:- ***DISCLAIMER*** This is a system generated report. It is not authorized for third party release. D0 not duplicate. Printed On: Oct-15-2019 ('I‘ue.) 7 SAN JOSE POLICI EPT LAW ENFORCEMENT/CRIMINAL JUSTICE AGENCIES HARDCOPY DO NOT DUPLICATE***OFFICIAL USE O NLY*** GO# SJ 2019492860691 5150-l 5150 WI 72 HR MENTAL HOLD General Offense Information Reported on: 0ct-13-2019 (Sum) 1839 Occurred 0n: 0ct-13-2019 (Sum) 1839 Report submitted by: 4781 Address:- Municipality: SAN JOSE District: S Beat: SS Grid: 198 Offenses (Completed/Attempted) Offense: # 1 5150-1 5150 WI 72 HR MENTAL HOLD - COMPLETED 2019-1928606 )1 Page of _ a 7 SAN JOSE POLICI’ V, SEPT fag: LAW ENFORCEMENT/CRMINAL JUSTICE AGENCIES HARDCOPY DO NOT DUPLICATE***OFFICIAL USE C NLY*** GO# SJ 2019492860691 SISO-l 5150 WI 72 HR MENTAL HOLD Related Persoms) 1. Victim # 1 - HERNANDEZ, ERIC (Case Specific Information) Sex: MALE Race: HISPANIC/LATIN/MEXICAN Date ofbirth:- Address: Municipality: SAN JOSE , California District: S Beat: Grid: 198 Particulars Occupation: UNEMPLOYED Ethnicity: HISPANIC/LATIN/MEXICAN Height: 5'8 Weight: 190 lbs. Hair color: BLACK 2019492860691 Page of SAN JOSE POLICI EPT LAW ENFORCEMENT/CRUVIINAL JUSTICE AGENCIES HARDCOPY D0 NOT DUPLICATE“*OFFICIAL USE ONLY*** GO# SJ 2019-] 9286069] 51 50-1 5150 WI 72 IIR MENTAL HOLD Related Text Page(s) Document: SYNOPSIS Author: 4781 - JOSEPH,ROODY LOU Related dateltimc: Oct-l4-2019 (Mom) 135 person occurred at -- in San Jose. The victim mad threats against his former colleagues via email. The victim threatened to bur down City Hall. Mobile Crisis Unit placed the victim on a 5150 W&I hold. I transported the victim to BPS. On 10/13/2019 at approximately 1839 hours, an act involve; a mentally disturbed 2019492860691 Page of , SAN JOSE POLIC] 7EPT LAW ENFORCEMENT/CRIMINAL JUSTICE AGE GO# SJ 2019492860691 5150-! DO NOT DUPLICATE***OFFICIAL USE C NLY*** NCIES HARDCOPY 5150 WI 72 HR MENTAL HOLD Related Text Page(s) Document: NARRATIVE Author: 4781 - JOSEPH,ROODY LOU Related date/time: Oct-14-2019 (Mom) 135 On 10/13/2019 at approximately 1839 hours, (6182) were dispatched to-_ regarding a welfare 2: by dispatched to meet with Lt. Kidwell #3849 and Sgt. intersection of Alma and Palm (DMV parking lot). The victJ Eric Hernandez. Upon arrival to the DMV parking lot we met with Lt. Kidwel that the victim had made criminal threats against city off The victim made vague threats to city officials and made a burning City Hall. Mobile Crisis Unit arrived to my locati I drove to-_ in San Jose. parents of the victim. The victim was I made contact with the victim inside was unhappy with our presence and was yelling/ asking for my badge number. Officer Hall and I placed the suspect int suspect was angry and demanded that we leave his house imm Crisis interviewed the victim. Mobile Crisis interviewed t to answer officers‘ and Mobile Crisis Unit personnel's que Sweet, with Mobile Crisis, placed the victim on a 72 hour transported the victim to EPS. Upon my arrival I in his bedroom. Off his bedroom. Upon CO I gave the victim a case/report receipt. My BWC was activa During the course of the investigation I was given a copy the victim to Cindy Chavez. This email references burning email for more details. 2019-192860 '51 1cer Hall #4363 and Officer Harrington #4365 and I heck. I was advised Hamblin #3600 near the m was identified as l. He informed us icials via emails. comment about on. ade contact with the ntact the victim officer Hall's and D handcuffs. The adiately. Mobile he victim. He refused stions. James 101d (5150W&I). I ted. c C 3f the emails sent by Zity Hall. Refer to 691Page Wait? 1 (qegg Co- 0691 2019-192860691 Page From: En'c I-{em'andcz Date: October 12, 2019 al 4:41 :33 PM EDT T0: Efic Hernandez Cc: "Cindy Chavez (Pcrsonal)” (gmdygmjnsanioqugmaiLcom >, mikcins‘ u) ai1.c0m, omar‘torrcsgfigsanjoseca,gov, sam.liccardo@gmail.com, samJiccardowsanioseca.gov S ubject: Re: You Send Stroker t0 do your difi work. Pigs. Think you’re union bosses now. Why don’t I start with En'c. I hope Bgf gets you at the County parking lot and city hall garage. 1 let them know where at. Fuck you Stroker. Stop stalking me you sucknfuck. ~ On Oct 12, 2019, at 1_:1 9 PM, Erie Hernandez- wrote: 2 2019-1 92%60691 Page My blood is 0n your hands. You won’t even miss nothing but your damn fiJckin seats. Get the fuck off and them over. Father Mateo is dead Cesar Chavez is dead Brenda Lopez is dead Omars father is dead. Cindy and Sam can’t even decide on which cell t0 put Eric in. Fuck you. Fuck Omar. You both owe me a substantial amount of backpay. Give it over. Fuck you both. I’ll burn city hall and the whole city I don’t care Fuck Melinda Fuck Omar Fuck Mark There are people herc who are their vidims and yours who haven’t come out of the using. Marks fault. Omar’s fault. Melinda fault. BOth your faults. Begin forWarded message: From: 2019-1928 60691 Page of Adan rapes Hm Art rapes 2019-192860691 Page me Omar rapes me Mark rapes me Sam rapes me Cindy rapes me NHP’OODO I-IF’W“ WHOM“ szou OQ:DD"‘0$O"'Hm“ 2019-1925 60691 Page_ z < c _ r r l c _ . _ h _ c _ r _ n _ a _ n _ d _ e _ z _ 1 _ @ g m * a _ i _ l _ . _ c _ 0 _ m _ > Y o u b o t h l c l m e d 0 o f 2 0 1 9 ~ 1 9 2 8 | 6 0 6 9 1 P a g e n . I a m a d d i c t b e c a u s e o f v. o u b o t h . F u c k o f me I . ) f c . Y o u s i c k f of 2019-192$60691Page f - m ‘ . u c k s . A l l Y 0 u c a r e a b o u t i s v . o u r o o a Y L a t i n o s a n d W h i t c w o m c n . F o f 2 0 1 9 - 1 9 2 8 6 0 6 9 1 P a g e “fiO‘- Sent: Saturday, October 12, 2019 1:42 PM To: Eric Hemandez Cc: Cindy Chavez (Personal); mikeinsj@gmail.com; Torres, Oman sam.liccardo@gmaii.com: Liccardo, Sam 7 Subject: Re: You Send Stoker 10 do your dirt work. Pigs. Think you’re union bosses now. Why don’t I start with Eric. Ihope Bgf gets you at the County parking lot and city hall garage. I let them know where at. Fuck you Strokér. Stop stalkingmc you sucknfuck. Cindy and Sam can’t even decide on which cell to put Eric in. On Oct‘ 12, 2019, at 1:19 PM, Eric Hernandez wrote: My blood is on yo'ur hands. You won’t even miss nothing but your damn fuckin seats. Get the fuck off and them over. Father Mateo is dead Cesar Chavez is dead Brenda Lopez is dead Omars father is dead. Fuck you. FuckOmar. You both owe me a substantial amount ofbackpay. Give it over. Fuck you both. I’ll bum city hall and the whole city I don’t care Fuck Melinda Fuck Omar Fuck Mark There are peoPIe here who are their victims and yours who haven’t come out fault. Omar’s fault. Melinda fault. BOth your faults. Begin forwarded message: From: Eric-Hernandez Date: October 12, 2019 at 1:14:10 PMPDT To: Eric Hernandez Subject: Re: You bf the using. Marks ‘=‘--‘-:14-(-*“‘"'-W- ‘.-;.-.-aa-:-mv..-..- nun. Lawy-N-.. ++- .... ._.,,._... ‘ p-m-u-ew... ..‘._.., (T I, dead out here and you let Omar that fag take over and kill me over over. He’s your damn boy. Not one. Adan rapes.me Art rapes me Omar rapes me Mark rapm me Samrapes me Cindy rapes me On Oct 12, 2019, at 1:09 PM, Eric Hernandez wrote: You both letme down. I am addict because ofyou both. Fuck o'ff my life. You sick fucks. All you care about is your gay Latinos and White Women. Fuck your z“ F‘ ‘ Torres, Omar From: ' Eric Hernandez Sent: Saturday, October 12, 2019 1:20 PM To: Cindy Chavez (Personal); mikeinsj@gmail.com; Torres, Omar; samljccardo@gmail.com; Llccardo. Sam Subject: Fwd: You My blood is on your hands. You won’t even miss nothing but your damn fuckin seats. Get the fi1ck ofi‘and them over. Father Mateo is dead Cesar Chavez is dead Brenda Lopez is dead Omars father is dead. Cindy and Sam can’t even decide on which cell to put Eric in. Flick you. Fuck Omar. You both owe me a substantial amount ofbackpay: Give it over. Fuck you both. I’lI burn city hall and the whole cityI don’t care Fuck Melinda Fuck Omar Fuck Mark Thereare people here who are their vicfims and yours who haven’t come out ofthe1 fault. Melinda fault. BOth your faults. Begin forwarded message: From: Eric Hernandez Date: October 12, 2019 at 1:14:10 PM PDT To: EricHemandez Subject: Re: You Jsing. Marksfault. Omar’s I dead out here and you Let Omar that fag take over and kill me over over. He’s your damn boy. Not one. Adan rapes me Art rapes me Omar rapes me Mark rapes me . Sam rapes me Cindy rapes me On Oct 12, 2019, at 1:09 PM, Eric Hernandez wrote: You both let me down. I am addict because ofyou both. Fuck ofi‘my life. You sick fucks. A11 you care about is your gay Latinos and White women Fuck your EXHIBIT 6 11:36 a swam» Enc> iMessage Sun, Oct 13, 6:29 AM Suck a dick fag Fag Fag Fag. Text Message Suck a dick fag Fag Fag. iMessage Sun, Oct 13, 1:37 PM ma) 5m iv @®@ 0 .0 l EXHIBIT 7 ®n®3mo=u©t Noflflaflons Hg; More (-Twut w“ ErkW @spicypantalonez Replying to OSCYDLatmos Lookin’ good officers! Anyone up for another @Dodgers 8t @SFGiants game with the @SVYoungmes? @CYDLatinos @CAYoungDems ’ (YD MmCaucus w‘CYDLatmos - Oct 20 Our CYD Latino Caucus officers at the California Young Democrats Tahoe retreat this weekend II N 4 v i: "oxalt Dani) 6'51 PM - ()n'l ,‘L‘ :W‘ 1!:1 1m H’i‘. v :v O [-) Q Search Twitter Rolovant peopl- lflcHm 1,. (rasplcypantalonez ‘i' CYD uflno Caucus t @CYDLatinos We are young latinos ”Californaa a #USA a Fighting forjustice Ir Educate. Vote. Organi Lu Angola Dodger @Dodgers TheOffidalTwiueru AngelesDodgers/IP Dodgels com/Photob @Dodgerlnsxder United Shh: tends 1 r Trending SO! Trending with: Gaetz. #Arrest Gaetz Politics House Republicans(W Penman official! ... 2 ~ TrendingOW Trending with: #ArrestThemfl 3 ‘ Trending Jodi Gordon 17.4K Tweets 4 - Trendmg NowMam 20K Tweets Politics Trump says ‘we're building wal in Colondo' whie listil S ‘ Trendmgmm N Trending wnth: Al Horford, #C Show more Terms Privacypolxcy Cookies More v C" 2019 Twitter, lnc‘ Home Nofiflaflons Messages Profile ®“@D@D#@‘ (-Tllnld n IrkHomlndu 7:“- Qnspicypantalonez Redevelopment legislation, a mayor’s initiative to build strong neighborhoods, 81 a call for front line service delivery to combat blight. What’s the delta? Pipeline leadership. Its output? Two Latino Organizers. Two Aides to the Vice Mayors and a Neighborhood Improvement Plan. 4'01 PM-UEIL‘Q ‘ M} 73w mix Jw»: L11 LATE! w‘u' xi luv“: Q ‘L'l O fl. irkWu @spicypantalonez - Oct 22 Replying to @spicypantalonez‘ Vm Omar! Vm Eric! Vm Juan! VivaMam! @mromanorre581 @spicypamalonez. Newspapers come Ind go. Legends new! die. Get thfl right @SJSpot|»ght @sanjoseinside. “Bosses Q U O i. Q Search Twitter Relevant pooph Eric Homtndu «,- @spmypantalonez Unlhd Suns mud: 1 - Trendmg 50F Trending with: Gaetz. #Arrest Gaetz Politics House Republicans disrupt Pentagon officiafs ... 2 ~ TrendlngOW Trending wnh: #ArrestThemA 3 Trending Jodi Godot! 17.2K Tweets 4 v Trendingmm 18 Trending with: Al Horford. #C 5 - Trending NowMom 19.4K Tweets Politics Tmmp says We're building ml in Colondo' whit ism Show more Terms Privacypohcy Cookies More v (sf! 20I9 Twmer, Inc. EXHIBIT 8 olii AT&T 4? 9:10 PM 4 94% C6 ‘lwstagrmm CV “Q spicypantalonez .ul AT&T ’e 9:10 pM £4 94%Q' © ‘lmtagnam EIVfig spicypantalonez‘ 90V W i Liked by rigo_rosas and 8 others spicypantalonez reposting again. one of us is already married. Either of us have yet to maHe it into Omar’s pants. pictured at old cinbar _#c,iyilservantstvle h Q C? $3