Request Judicial NoticeCal. Super. - 6th Dist.October 26, 2020O(DmVOJO'l-PUJN-K NNNNNNNNN-x-XAAAAAAAA WNOWU'I-hDJN-‘Ofiom‘xlmmth-L NORA FRIMANN, City Attorney (93249) JULIA VAN ROO, Deputy City Attorney (274169) AARON YU, Deputy City Attorney (304882) - - , Office of the City Attorney . g200 East Santa Clara Street, 16‘“ Floor ’ San José, California 95113-1905 Telephone Number: (408) 535-1900 I 7'2 O Facsimile Number: (408) 998-3131 ' ‘ 202/} E-MailAddress: cao.main@sanjoseca.gov . superb err OI By ‘Councrc “'9 Cg 1.COLT, O t Attorneys for CITY 0F SAN JOSE N cramDEPUTY ’3! 80 SUPERIOR COURT OF CALIFORNIA 904? COUNTY OF SANTA CLARA ?UCHWQéEA Case Number:CITY OF SAN JOSE, Petitioner: REQUEST FOR JUDICIAL NOTICE IN = SUPPORT 0F PETITION FOR V- WORKPLACE VIOLENCE MARIA JESUS AGUILAR, RESTRAINING ORDER Respondent. REQUEST FOR JUDICIAL NOTICE Petitioner City of San José (“City”) respectfully requests that this Court take judicial ’ notice of the following docume‘nts pursuant to Evidence Code sections 452(d) and Rules of A‘ Court, Rule 3.1306: Sharon Kim et al. v. Maria AguilarWV-100 Petition for Workplace" Violence Restraining OFdéf with attached dééléia‘ffilafigla‘fifixfiibits, WV~1 ‘IO Temporary Restraining Order. ARGUMENT This request is made pursuant to Evidence Code section 452(d). It is settled that a court may take judicial notice 0f its own records not only in the action pending before it (e.g. Verreos v. City and County of San Francisco (1 976) 63 Ca_|.App.3d 86, 107) but also in other proceedings (Flores v. Arroyo (1961) 56 Cal.2d 492, 496 (diérapprovingr prior cases 1 . REQUEST FOR JUDICIAL NOTICE ISO PETITION FOR WORKPLACE VIOLENCE RESTRAINING ORDER O(OWNODUTAODN-‘i NNNNNNNNNA-k-‘n-k-k-k-x-XAA mflmmth-kOLOOONOUm-wa-t to the contrary». This includes the power to take judicial notice of records injelated actions. (E.g., Morson v. Superior Couft (2001) 90 Cal.App.4th 7'75, 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 jfidicial notice of complaints filed in rélated cases).) ‘ The City requests the Court to take judicial notice of these documents filed in a previous restraining order matter involving Respondent making threats. via text messages sent to staff members employed by the school where Respondent’s children attended, so .that they are properly before the Court. Then, pursuant to Code 0f Civil Procedure section 527.8, the Court may consider these documents 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 truncated 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.").) 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 r M . 7 .,.: _ » Respectfully submitted, Dated: I‘D [I Wilflmb NORA FRIMANN, City Attorney H J AVAWOO / 7 uty City Attorney Attorneys for CITY 0F SAN JOSE 2 REQUEST FOR JUDICIAL NOTICE ISO PETITION FOR WORKPLACE VIOLENCE RESTRAINING ORDER EXHIBBT A ; nu: . _ [I , “us ‘1 a lI-g. 5'? T I 39- n.- \ Petition for Workplace Violence c’ermampsuaze hang Jhenrmmisngd Restraining Orders Read How Do I Get an Order to Prohibit Workplace Violence (Form WV- 100JNFO) before completing this form. NOTE: Petitioner must be an employer with standing to bring this action under Code of Civil Procedure section 527.8. Also fill out Confidential CLETS Information (Form CLETS-OUI) with as much information as you know. ‘ CD Petitioner (Employer) . - ~ - a. Name: Rocketship Education B ' ADENE‘W ls a corpomtlon D $016 pmpnetorsmp Fifi in court name and shoe! address' D Other (Spay?) Superior Court of California, County of and is filing this suit on behalf ofthe employee identified in item®. Santa Clara b. Lawyer for Petitioner (gfanyfor this case): 191 N. First 3L Name: Josh Mukhopadhyay State Baer 260291 San Jose, CA 94065 Finn NamezRocketship Education ‘ Petitioner’s Address (Ifrhepetitioner has a lawyer, give the lawyer’s com figs m $59 number when form f5 filed infinmation.) Case Number: c. Address; 350 Twin Dolphin Dr., Suite 109 jL 1 3 c H 00 4 7 8 7 City: Redwood City State; CA zap:94065 . ' Telephone: 877-806-0920 X1 07 Fax: E-Mail Address: jm@rsed.org ® Employee'1n Need of Protection ' FuuName Sharon Kim ‘ " "m " ~ ‘ V Sci: D M E F Age: 25w ® Respondent (Person From Whom Protection ls Sought) Fun Name; Maria Aguilar Age: 30 Address (iffimown): 2672 S- King Rd- -,. _._ .. _ _-2.U- - : . City: san Jose State: CA Zip: 951221--3'36." A ‘ 31‘ ”avid .‘4® Additional Protected Persons _ Chief t" .Eur '- l. a. Are you asking for protection for any family or household members of the employee ofifplafig , ‘ 13:? employees at the employee s workplace or at other workplaces of the petitioner? _:x LU"; ”m: 4w: __ + . ELm Yes D No UyesJistrhem. ‘. “ L&EEE 1‘13-CH*DU Fun Name L Agg Household Member? Relationship to Emplovéé ' Christina Corinne Louie F 22 D Yes E No Co-Worker Marv Luisa Berqes F 27 D Yes E No Co-Worker D Yes D No D Yes D N0 D Additional protected persons are listed in Attachmentfla. This is not a C'ourt Order. ' V‘ . - - m- - Judi'lCou1'CaJ‘d ‘ . . 7 ‘- RWELJan$5L2mgffimmfigifg°v Petition for Workplace Violence Restraining Orders _ WV-100. Page 1 {)5 Code dmvn Procedure. §§ 52m and 5219 (Workplace Violence Prevention) Case Number: 1136H00-4787 b, Why d0 these people need protection? (Expfain): D Response is stated in Attachment 4b. The listed emplomees need protection because Ms. Aauilar has threatened them with - physical and emotional violence. Employee declarations are included as Attachment 8c. ® Relationship of Employee and Respondent a. How does the employee know the respondent? (Describe): D Response is stated in Attachment 5a. Respondent's minor child is enrolled at the school where all employees work. Ms. Louie is the child's teacher and Ms. Berqes and Ms. Kim are school administrators. b. Respondent D is is not a'éunem employee of petitioher. (Explain any decision to retain. terminate. or otherwise discipline the respondent.) D Response is stated in Attachment 5b. ® Venué Why are you filing in this county? (Check all that apply): 8- The respondent lives in this county. b. The respondent has caused physical or emotional injury to petitioner’s employee in this county. C~ D Other (specifil): ' ® Other Court Cases a. ‘Has the employee or any of the persons named in® been involved in another coun case with the respondent? No D Yes ‘Ifyes, check each kind ofcase and indicate where and when each wasfiled: Kind of Case ~ Filed in {Countv/State) er Filed Case Number (ifimown) (1) D Workplace Violence (2) D Civil Harassment (3) D Domestic Violence (4) D Divorce, Nullity, Legal Separation (5) D Paternity, Parenmge, Child Support (6) D Eviction > (7) D Guardianship (8) U Small Claims (9) D Posfsecondary School Violence (10) D Crimina1 (11) D Other (speafii): b. Arc there now any rwmining orders or criminal protective orders in effect relating to the employee or any of the persons m®and the respondent? No a Yes Ifyes. attach a copy z'fyou have one. This is not a Court Order. WNJWWLZW Petition for Workplace Violence Restraining Orders WV-100. Page 201 6 (Workplace Wolence Prevention) '9 Case Number: 1130H004737 Description of Respondent's Conduot a. Respondent has (check one 0r more): (1) D Assaulted, battered, or stalked the employee (2) Made a credible threat of violence against the empléy‘ée by making kn'OWing or willful statements or engaging in a course of conduct that Would place a reasonable person in fear for his or her safety 0r the safety of his or her immediate family b. One or more of these acts (check either 0r both): (l) E] Took place at the employee’s workplace (2) Can reasonably be consmxed to be carried out in the future at the employee’s workplace Address of workplace: 198 W Alma AV. San Jose, CA 951 10 c. Describe what happened. (Provide details; include the dates ofall incidents beginning with {he most recent; tell who did what r0 whom: identxfl any wimesses): Response is stated in Attachment 8c. dv Was the employee harmed or injured? D Yes E No Ifyes, describe harm or injuries: D Response is stated in Anachment 8d. ‘ ”A"- C- Did the respondent use or threaten to use a gun or any other weapon? D Yes m No lfyes, describe: D Response is stated in Attachment 8:3. This is not a Court O‘rder. ' ’ “T 7.“ RMWJWW‘JW Petition for Workplace Violence Restraining Orders . '. WV-100-‘P3993df3: F- (Workplace Violence Prevention) . 7 _ '9 Case Number: 1130H00473? f. For any of the incidents described above, did the police come? U Yes m No D I don’t know If yes, did the employee 0r the respondent receive an Emergency Protective Order? D Ym Ifyes: (1) D The employee (2) D The respondent (3) U Onc or more of the persons in® No D Idon‘t know The order protects (check all that apply: A - Atrach a copy offlte order ifyou have one. Check the orders you want E ® E Personal Conduct Orders I ask the court to order the respondent not t0 d0 any ofthe following things to the employee or t0 any person t0 be protected listed in@: a. E Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property 0f, or disturb the peace 0f the person. b. m Commit acts ofunlawful violence 0n or make threats ofviolence to the person. c. m Follow or stalk the person during work hours or to or from the place of work. d E Contact the person, directly or indirectly, in any way, including, but not limited to, in person, by telephone, in writing, by public 0r private mail, by interoffice mail, by e~mail, by text message, by fax, 0r by other electronic means. 6- E Enter the person’s workplace. D . _ LE ....Othe1=(spec{)3*):m As stated in Attachment 9f. T716 respondent will be ordered not to take any action to-get the addresses 0r locations ofany protectedperson unless the courtfinds good cause not r0 make the order. Stay-Away Orders a. I ask the court to order the respondent to stay at least (1) (2) (3) (4) (5) (6) D DEEEEE (7) Revised January 1,2012 100 H yards away from (check all that apply): The employee (8) The employee’s vehicle The other persons listed in® (9) D Other (Specifil): The employee’s workplace The employee’s home The employee’s school The school ofthe employee’s children The place of child care of the employee’s children This-is not'a Court Order. . M 7 Petition for Workplace Violence Restraining Orders (Workplace Violence Prevention) WV-‘IOO, Page 4 of 6 ‘ 9 Case Number: ‘ b.' If the court orders the respondent to stay away from all the places listed above, will he or she still be able {o get to his or her home, school, orjob? E Yes D No Una, explain: D Response is stated in Attachment 10b. ® Guns or Other Firearms and Ammunition Does the respondent own or possess any guns or other fireanfis? D Yes D No l don’t know Ifthejudge grants a protective order, the ravpondem will be prahibitedfiam owning, possessing, purchasing. receiving, or attempting t0 purchase or receive a gun, otherfireann, and ammunition while rile protecrive order is in efi’ecr. The respondent will also be ordered to tum in to law enforcement or sell to a gun dealer any guns 0r firearms within his 0r her immediate possession 0r control. ® Request for Immediate Orders Without Notice Do you want the court to make any of thme orders now that will last until the hearing without notice to the respondent? Yes D No (Ifyou answeredyes, explain why): E Response is stated in Attachment l2. ® D Request for Less Than Five-Days' Notice You must have yourpapers personally served 0n the respondent at leastfive days before the hearing, unless the court orders a shorter timeforservice. (Form WV-ZOO-INFO explains what is proofofpersonal service. Form WV-200, Proof of Personal Service. may be used t0 show the court (hat lhepapers have been served.) ' lfyou want there to be fewer than five days between service and the hearing, explain why: D Response is stated in Attachment 13. ~ A : No Fee for Filing I ask that there be no filing fee because the respondent has inflicted or threatened violence against the employee, or stalked the employee, or acted or spoken in a manner that has placed the employee in reasonable fear of violence. This is not a Court Order. » - » nevsmwammz Petition for Workplace Violence Restraining Orders wv-1oo. Page sofs (Workplace Violence Prevention) A _ _ 9 Case Number: 1130Hoo4137 @ No Fee to Serve Orders I ask the court to order the sheriff or marshal to serve the respondent with the orders for free because this request for orders is based on unlawful violence, a credible threat of violence, or stalking. Court Costs I ask the coun to order the respondent t0 pay my court costs. ® D Additional Orders Requested I ask the court to make the following additional orders (specifi): D Additional orders requested are stated in Attachment 17. . Number of g sattachedtothis form, ifany.L Date: ?zgflg Josh Mukhopadhvay . F wW/ Lawyer’s name (gfgny) Lawyer s signature I declare under penalty ofpeljury under the laws of the State of California that the information above and 0n all attachments 1's true and correct. ‘ ' Date: @4213 i Josh Mukhopadhvav DQJW/ Name ofpen'tioner Signature 7 Rocketship Education, Counsel Title This is not a CourtiO'fd'Iesr. ' r Rev’swam'a'rtm‘z Petition for Workplace Violence Restraining Orders - 7 WV-‘IOO. Page 6 of6 (Workplace Violence Prevention) MC-025 I-l :HORT anE; LCiSE’éWfi‘h 00 4 7 8 '7 Attachment 8c t0 WVIOO ATTACHMENT (Number): 80 (This Attachment may b9 used MN? any Judiciai Council farm.) Mr. Aguilar has threatened the employees with physical and emotional violence in the manner set forth in the attached declarations. (II (he item that (his Attachment concerns is made under penalty ofpeljury, all statements m this -- Page 15-: -:f 1 1 Attachment are made under penalty ofperjury.) ‘ “ " ~ ' '* ' r r (Add pages as required) FJudJTgJoggT'o! OWwuamuase ATTACHMENT WWW“ 9°" momma: M1. 20091 to Judicial Council Form MC-O31 _ PLAINTIFFIPEHTIONER: Recketship Education ’ i TsfiNéMfiRoo 4 7 8 7DEFENDANURESPONDENT: Maria Aguilar _ DECLARATION (fhis form must be attached (o another form or court paper before i! can be filed in court.) Ireceived one page oftext messages that I believe to be from Ms. Aguilar on 2/16/2013. Screen shots ofthe text messages are attached to this declaration. Even though Ms. Aguilar‘s name is not in the messagcs and the source number does not match the contact numbers she provided with her son's enrollment materials, she makes references to exacting revenge related to her child custody issues that make me confident she is the sender. The text messages contain offensive language and threats ofphysical violence including a reference to my impending death. Given that I am an administrator at the school where Ms. Aguilar‘s son is enrolled, I feel very threatened by these messages and want to immediately prevent her from having any contact with me. Date: 2/24/20] 3 ‘ Sharon Kim k ‘- /.. (TYPE ORPRINT NAME) (slcuf‘ 0FMunk/ D Afiorney for DI P:tiff D Petiiioner D Defendant D Respondent Other.(Specin): r .. Employee in Need of Protection ‘imdflaiéflmclfi‘é’fif" ATTACHED DECLARATION MOOSII'RHJWLZW] Pago1d1 .\ / Add Contact J\ 1/ Kn . ,/ \_\k__,__..‘.1.4 .___‘ __ ~.______ . ___ ~. 1-.__.__._ - _- _. _._.4._.____‘ ___ .__ _ _ mu.._ _____ i Can ] [ FaceTime ........................................................... Text Message Feb 163 2013 9:29 AM /PAY BACK Is A BITCH \ AND UR GONNA GET WHAT U DESERVE WITH A VALA LYING 0N THE DIRT. THE SANTA MUERTE BITCH ZA-pay backs a bitch- j (Hf Maria Piease give me a}? call you sound “very upset we are here to heip you think there has been a Severe ngsunderstandmg WA. PLAIN'TIFEIPEHTENER: Rocketship Education CASE NUMBER: DEFENDANTIRESPONDENT: Maria Aguilar .- DECLARATION (This form mus! be attached to another form or court paper before i! can be filed in court.) I received three pages oftext messages that I believe t0 be from Ms. Aguilar 0n 2/16/2013. Screen shots ofthe text messages are attached to this declaration. Even though Ms. Aguilar's name is not in the messages and the source number does not match the contact numbers she provided with her son's enrollment materials, she makes specific references t0 her son and child custody issues that make me confident she is the sender. The text messages contain offensive language, racist remafks and multiple threats ofphysical violence including a reference to my impending death. Given thatI teach Ms. Aguilar's son, I feel very threatened by these messages and want to prevent her from having any contact with me. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correcL Date: 2/24/20 1 3 Christina Corinne Louie (TYPE OR PRINT NAME) (SIGNATUEN DECLARANT] D Attorney for D Plaintiff D Petitioner D Defendant D Respondent Other (Specify): Employee In Need ofProtection ‘flflflgfliflfie ATrACHED DECLARATION M0031 [Rem July 1‘ 2005] Paga1 0H , ,V. _ \\\ / \ Call ] L FaceTime H Add Contact _/ .......................... Text [\flessage ......................................................... Feb 16, 2013, 12:16 PM 2/02/02:my godsturn to \ makeu hurt with what u ‘ love most . You will see the reaper Atonlght. > j @1/02:You fuckin chineese\ bitch your gonna get what‘ ‘ u deserVe |00kuo the ‘santa muerteshe doese sthfu ask for and you hurt. me'with what i‘love;most _ f zgnow It‘s; I ‘ I j 02/02 prInCIabIe dldnt Ilke my son now its paybaCk time do u know what black“ ~ magic is if not u Will‘see. /01/02:AII 3 of u guys are \ r gonna pay for saying lies ¥ to that screening lady they took my son from cause of f you guys'and i know u and Athat nigger and that fuckin j KYou guys should of thought of that before u . decided tog-otell'the court. lies. Have u ever seen that movie‘thiner. U get what u * . deserv ,-';iEgtaflgngPinger\ . ‘ . k l \- _.‘,. ?mWWflHWxVLW ?tmnf . 4 i? -4 VJ_._.:~7L.-_-_-_..,N, ,, 7 ”a . . r ,M y-m , ~A ' . .m- -~ d 2:47;. «#fqmigir: {1 V v ‘9 ‘3 7 ~ ' 'r V.V * J 'E} \g- w-O - ' 5.f) . . ' , .__ m“ . .‘zk ' u- I I : _ Mr H,_;_ 7‘ flit “-n)” Ia;-'<3“'i'?"‘f:‘~ - .“m‘ ' #3:; firm,” "2:136: 3 ' , , . . '. , « .1 W . < -: :U‘iw: - K 5.. ‘ ”-2 ‘ " 2:; -_' :t. . _. , .. . 2.1.!“ £3 > .3? \V x. . fig ., x gtzgaii-‘r‘ Efi‘fl V i?M * N /You guys should 0f ' , thought of that before u _ decidedto go tell the cOurt slies. Have u ever Seen that movie thiner. U get what u ‘ deserv Z: Puta on nger I j 02/02:Bye - Puta on Pinger (01/021 have nothing now \ u-dOnt éVen know what im ‘ ' going through igo‘Ona make u guys feel what i feel but worse. Look up santa muer’te u will see Awhat she does. ‘ j ' 7 I _ MC-031 _' 7 "PLXINTIFF/PEHTBNER: Rdcketship Education " " CASE NUMBER DEFENDANT/RESPONDENT: Maria Aguilaf 1 1 3 C H 00 4 7.8 7 DECLARATION (This form must be aflached {o another form or court paper before if can be filed in court.) I received three pages oftcxt messages that I believe to be from Ms. Aguilar 0n 2/16/2013. Screen shots 0fthe rtext messages are attached to this declaration. Ms. Aguilar's first name (Maria) is included in the text messages. In addition, she makes specific references to her son and child custody issues that make me confident she is the sender. The text messages contain offensive language and multiple threats ofphysical Violante including a reference to my impending death. Given that I am an administrator at the school attended by Ms. Aguilér's son, I feel very threatened by these messages and want to immediately prevent her from having any contact with me. l declare under pena1ty of peljury underthe Iaws ofthe State of California that the foregoing is true and correct. Date: 2/24/20 1 3 Mary Luisa Barges (TYPE 0Rmm WE) M SIGMATU DEW) D Attorney for D Plaintiff D PetiIioner D Defendant D Respondent Other (Specify): . Employee In Need of Protection Fmflgfigfgfigfif‘? ATrACHED DECLARATION M0031 [R9, Jury 1.2005] Page $ bH Feb ‘16 2013 9:13AM ~/O1 /02:Domea Santa . muerte is a,bitch you wil V b'e’vyisitjedfrom her as Soon as i figure-out your punishment also let ms kim and louie know they gll get thers LI \ : I J. guyse haur fasll out ' ‘ 02/02::think‘ imamake your * ‘ iOr may be ill asklhevtir LPat back Is a butch) take one a _' du-~.,....,m.._ m--._,‘_..___...W. m wgrim $1 _ V a3 é $5egum wig? WW r x ‘9 gmmgflxmwc? a $9. Q“? mg 5mm cmgfi 115mg Wawfié‘'Ewg g @fi‘ W mag 5% wk WWW “mm @m ‘ .‘Ay‘r; ‘ Kim @vé aw “m _ - _._.«... flN-‘-.‘__MM. v--..m...___,._~:v..u“ “n.“- rustghy‘gj-f’xuwzl. . ' F ¥ “9» V ‘ . ' Qz/miwmkémfi make:WW QUWQ 5mm" $Q§ q Wag? L matxtigl" ‘A 5:”? , "7"” 3' "‘2; ‘5“:- ‘ ‘ U. r Liv. Emu a '{rH'afizu'fliiJfl‘ {~11 “‘v ”~ ' . Oi/mzfimmm gwm mugfig ég abmk gm wé n ‘_ , m? wfigfiw $mm Mg? m. gmfi ' w E $§gwm am WW VA ngg’amm‘? a SQ @i? mg km ‘ f' and wéQ WW WW g gm? , i. ~ %h@?§ Q? magbé E gmeu d Mmmwg ~33 miaam WWW? :3 “ r p 4.1m O? mag Q u“ wk WWW )- .A.- wan. x,~ -. w.) .- -- -~ MC-025‘ “fl SHORT TITLE; 0‘55 ”WEE“ F“ Attachment 12 to wv100 " ' ‘ 1 1 8 C H 00 4 7‘87 ATTACHMENT (Number): 12 {This Attachment may be used with any Judicia! Council form.) Per the attached declarations, good faith attempts were made t0 contact Ms. Aguilar and notify her of our request t0 obtain a TRO without a hearing. (If the item (ha! this Attachment concerns is made under penalty ofperjury, all statements in this Page 1 of 3 Attachment are ma nd r n l f ' .d9 u e p9 a ty O pequ) (Addpages as required) Fum Approved for Optimal Use ATrAcHMENT moun‘nfougwJumoal Co.mdldcafifomia , . .MWZSIRw-m 1.20091 to Judlcxal Councd Form Rac‘ipflnip€th 0A M0031 pLAINnFFIPETITIONER§ SharoifKim, Chrisfina Lofiie, Mary Luisa Berges CASE NUMBER: DEFENDANT/RESPONDENT: Maria Aguilar ~ 1 3 C H 00 4 7 8 7 DECLARATION (This form mus! be attached to another form or court paper before if can be filed in court) I spoke with Ms. Aguilar at 11:33am on February 22, 2013. The contact phone number was 408-449-2960. I informed Ms. Aguilar that one teacher and two administrators at Rocketship Alma Academy received a series of threatening and racially-tinged text messages on February 16, 2013, that her name was included in some of the text messages, and there were common threats shared a‘cross all messages. I added that the text messages make reference to a child custody situation we know Ms. Aguilar to be involved in. I informed Ms. Aguilar that in order to protect our staff, Rocketship Education was planning to go to court to obtain a workplace violence restraining order that would prevent her from coming near our staff or contacting them. Because the thrgats have seriously disturbed our staff, I told Ms. Aguilar that we fire going to ask that the order be granted immediately before a court hearing on the issue. ' I declare under pefialty of péijury under the laws of the State of Ca1ifomia that the foregoing is true and correct. Date; 2/22/2013 ’ . /" Imelda Gonzalez m /Z(’ (TYPEORPRIHTNAME) IGNA REDF DECLARANT) D Attorney for, g Plaintiff D Petitioner B Defendant D Respondent Other(8pecify): Employer's HR Director FTmmfm? ATTACHED DECLARATION M0031 [Rum Jay 1. 2005} Page 1 a: 1 {L.‘u’f MLELWL‘M M0931 PLAINTIFF/PENTIONER; Sharon Kim, Christina Louie, Mary Luisa Bcrges CASE NUMBER: ' 1 3 C H 00 4 7-8 7DEFENDANTIRESPONDENT: Maria Aguilar DECLARATION (This form must be attached to another form or coud paper before i! can be filed in court.) Since Ms. Aguilar was a Spanish speaker, I asked Rocketship Education's Director 0fHR (Imelda Gonzalez) to call Ms. Aguilar and notify her that we Were going to be seeking a restraining order without a hearing. Ms. Gonzalez' declaration regarding the content ofthat phone conversation is attached separately. Ms. Aguilar hung up on Ms. Gonzalez before we could complete informing her ofthe date we planned t0 seek a TRO and we were unable to reconnect with her. | declare under penalty of perjury under 1he laws of the State of California that the foregoing is true and correct. Date: 2/22/20 1 3 Josh MukhOpadhyay QplW / (TYPE 0R PmNT NAME] ' (SIGNATURE 0F DECLARANr) Vl/ Attorneyfor D Plaintiff Petitioner D Defendant D Respondent D Oiher(Specify): ‘ ‘flfiffléfi'fiéfl? ‘ATrACHED DECLARATION M0031 [Rodey 1.2005] Page1uf1 WV-110 i TemporaryRestraining Order ® Petitioner (Employer) a. Name; Rocketship Education Clerk sf r9 when form is filed. i: 3'93”, flf 2M 2w: 20H MAR-b P l2: 15 Lawyer for Petitioner ({fanyfor this case): Name: Josh Mukhopadhyay Firm Name; nfa (in-house counselL State Bar No.2 Luv» cg; (mCW 3125:" r' C0513”u :32 '53 €3,323"2602910: Address: 350 Twin Dolphin Dr., Ste 109 Address (Ifyou have a lawyer, giveyour lauyer’s information): Fill in ooun name and skeetaddress: City: Redwood City State: CA Zip: 94065 Sstlapglt'laorgloaur: of California, County of Telephone: 877:806-0920 X107 Fax: 191 N. First St. E-Mail Address:Jm@rsed-0r9 San Jose CA 951 13 ® Employee (Protected Person) Full Name. Sharon Kim Court fills in wse number when form is filed.. CasiNumber: © Respondent (Restrained Person) 1 3 C H 00 4 7 8 7 Fun Name; Maria Aguilar D&scription: Sex: D M F Height: 5‘2 Weightz.___150 Dale ofBirth: 06/1 3/83 gFfiq’w Haif ColonBlaCk Eye Color.Brown Age:i Race: Latino Home Address (ifknown): 2672 S- ng Rd- city; San Jose State: CA Zip: 951 22 Relationship [o Employee; Parent of student attending employee's school ® E Additional Protected Persons In addition to the employee, the following family or household members or other employees are protected by the temporary orders indicated below: FullName ‘ SE Ag Household Member? Relation to Employee Christina Corrine Louie ’ F 23 D m No Coworker Mary Luisa Berges F 28 D Yes No Co-Worker D Yes U N0 D Additional protected persons am listed at the end of this Order on Attachment 4. ® Expiratioh Date This Order expires a! the end 0fthe hearing scheduledfor the date and time below: Date: 3 nlfi ~1013 ”“63M m am. D pm. This is a Court Order. Judia‘al Cound ofCarn'u-nla. m.guunxcagov Revised Januarytzouz. Mammary Form Code 01‘ Ow onmmua, §§ $73 and R73 Appvovea by DOJ Temporary Restraining Order (CLETS-1WH) (Workplace Violence Prevention) WV-11U, Page1 of6 .9 Case_Number; . To the Respondehti I' - The court has issued the temporary orders checked as granted below. If you do not obey these orders, you can be arrested and charged with a crime. You may have t0 go to jail for up to one year, pay a fine 0f up to $1,000, or both. ® Personal Conduct Orders JD Not Requested D Denied Until the Hearing Granted as Follows: arc ordered not to do the following things to the employee and to the other protected persons listed in®z (1) a, Harass, molest, stnke, assault (sexually 0r otherwise, batter, abuse, destroy personal property of, or disturb the peace 0f the person. _ (2) B’ Commit acts of violence or make threats of violence against the person. (3) Z’ Follow or stalk the person during work hours 0r t0 or from the place ofw0rk. (4) E/Contact the person, directly or indirectly, by any means, including but not limited to, in pegson, by telephone, in Wn'ting, by public or private mail, by interoffice mail, by text message, by e-mail, by fax, or by other electronic means. (5) Z’ Enter the workplace of the person. (6) 2’ Take any action to obtain the person’s addresses 0r locations. If this item 6 is not checked, the court has found good cause not to make this order. . (7) D Other (speczfi): U Other personal conduct orders are attached at the end of this Order on Attachment 63(7). b. Peaceful written contact through a lawyer or a process servervor other person for service of legal papers related to a court case is allowed and does not violate this order. However, you may have your papers served by mail on the petitioner t ® Stay-Away Order ~ _ D Not Requested D Denied Untilthe Hearing @Granted as Follows: ’_ ‘f f-i a. You must stay at least ”72 yards away from (Check ail zjm't apply): (1)Z The employee ‘ (7) U The employee’ s children’ s place of child care (2) E Each other protected person listed in® (3)Z The employce’ s vehicle m (3) a The employee’s workplace - (9) D Other (Speafi): (4) [Zr The empioyce’s home (5) a The employee’s school (6) D The employee’s children’s school b. This stay-away order docs not prevent you from going to or from your home or place of employment. This is a Court O‘rdeh ' -_ RWWW'VW” Temporary Restraining Order (CLETS-TWH) h q “N410: P393 20‘s (Workplace Violence Prevention) '9 - Case Number: 1130H004787 . No Guns or Other Firearms and Ammunition a. You cannot own, possess, have, buy or try t0 buy, receive or try to receive, 0r in any other way get guns, other firearms, or ammunition. b. You must: (1) Sell to a licensed gun dealer or tum in t0 a law enforcement agency any guns or other firearms in your immediate possession or control. This must be done within 24 hours of being served with this Order. (2) File a receipt with thc court within 48 hours ofreceiving this Order that proves that your guns or firearms have been tumed in or sold. (You may use Form WV-800, ProofofFirmrms Turned In or Sold,for the receipt.) c. D The court has received information that you own 0r possess a firearm. © Other Orders M Not Requested D Denied Until the Hearing D Granted as Follows (spectfiy): D Additional orders are attached at the end 0f this Order on Attachment 9. To the Petitioner H! . - _ Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the California Ratraining and Protective Orders System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS) (Check one). a. D The clerk will enter this Order and its proof-of-scrvicc form into CLETS. b. The clerk will transmit this Order and its proof-of-scrvice form to a law enforcement agency to be entered into CLETS. c. D By the close of business on the date that this Order is made, the employer or the employer s lawyer should deliver a copy of the Order and its proof-of-service {01m to the law enforcement agencies listed below t0 enter into CLETS: > ‘ Name of Law Enforcement Agencv ' Address (€in State, ZEQJ V D Additional law enforcement agencies are listed at the end of this Order on Attachment 10. ® No Fee to Serve (Notify) Restrained Person D Ordered D Not Ordered The sheriff 0r marshal will serve this Order without charge because: a. D The Order is based on unlawful violence, a credible threat 0f violence, or stalking. b. U The petitioner is emitled to a fee waiver. This is a Court Order, Rm‘mm“ "2°” Temporary Restraining Order (CLETS-TWH) WV'110- Page 3 0'5 (Workplace Violence Prevention) ~ 9 Case Number: 113CH0047 7 ® Number of pagm attached to this Order, if any: Date: 2L é Z Z E j Judicial Officer . . .. Derek WOOdhouse Warnings and Notice to the Respb‘nde'nt: " You Cannot Have Guns or Firearms You cannot own, have, possess, buy or try to buy, receive or try to receive, 0r otherwise get guns, other fimarms, or I ammunition while this Order is in effect. Ifyou do, you can go to jail and pay a $1 ,000 fine. You must sell to a licensed gun dealer or tum in to a law enforcement agency any guns or other firearms that you have or control as stated in item. above. The court will require you t0 prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order Ifyou have been personally served with this Tempomry Restraining Order and Form WV-l 09, Notice ofCourt Hearing, but you do not appear at the hearing either in pemon or by a lawyer, and a rmstraining order that is the same as this Temporary Restmining Order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mail at the address in item®. Ifthis address is not correct or you wish to verify that the temporary restraining order was convened into a restraining order at the hearing without substantive change, and to find oul the duration of the order, contact the clerk of the court After You Have Been Served With a Restraining Order ' Obey all the orders. . - Read Form WV-120-INFO, How Can I Respond t0 a Petitionfor Orders t0 Stop Workplace Violence?, t0 learn how to respond to this Order. ' Ifyou want to respond, fill out Form WV- I 20, Response t0 Petitionfor Workplace Violence Restraining Orders, and file it with the court clerk. You do not have to pay any fee to file your response if the petition claims that you inflicted or threatened violence against or stalked the employee, or placed the employee in reasonable fear of violence. ‘ ~ ' You must have Form WV- I 20 served on thé petitioner or the petitioner’s attorney by mail. You cannot do this “ yourself. The person who does the service should complete and sign Form WV-250, ProofofSewice ofResponse by Mail. File the completed proof of service with the court clerk before the hearing date or bring it with you to the hearing. - In addition to the response, you may file and have declarations served, signed by you and other persons who have personal knowledge 0f the facts. You may use Form MC-OSO, Declaration, for this purpose. It is available from _ _ the clerk’s office at the court shown on page 1 of this form or at www.courts.ca.gov/fomm. Ifyou do not know how to prepare a declaration, you should see a lawyer. - Whether or not you file a response, you should attend the hearing. If you have any witnesses, they must also go to the hearing. ' At the hmring, thcjudgc can make restraining orders against you that last for up to three years. Tell {hcjudgéwhy you disagree with the orders requested. ’ ‘ This is a Court Order. , _ ’ RWWW’VWW Temporary Restraining Order (CLETS-TWH) " WV-110, P899435 V (Workplace \fiolence Prevention) Case Number: 1130B Instructions for Law Enforcemen't' Enforcing the Restraining Order This order is enforceable by any law enforcement agency that has received the order, is shown a copy of the order, or has verified its existence on the California Restraining and Protective Orders System (CARPOS). If the law enforcement agency has not received proof of service on the restrained person, the agency must advise the restrained person of the terms of the order and then must enforce it. Violations 0f this order are subject to criminal penalties. Start Date and End Date of Orders This order starts on the date next to the judge's signature on page 4. The order ends on the expiration date in item 5 on page l. Arrest Required if Order ls Violated Ifan officer has probable cause to believe that the restrained person had notice of the order and has disobeyed the order, the officer must arrest the rwtrained person. (Pen. Code, §§ 836(c)(1 ), 13701 (b).) A violation ofthe order may be a violation of Penal Code section 166 or 273.6. Agencies are encouraged t0 enter violation messages into CARPOS. NoticelProof of Service .« The law enforcement agency must first determinejf the restrained person had notice of the order. Consider the restrained person “served” (noticed) if (Pen. Code, § 836(c)(2).)z o The officer sees a copy ofthc Proofof Service or confirms that the Proof of Service is on file; or - The restrained person was informed offlthgorr‘dcr by an officer. An ofiicer can obtain information about the contents of the order and proof of service in CARPOS. If proof of service on the restrained person cannot be verified, the agency must advise the restrained person of the terms of the order and then enforce it. If the Protected Person Contacts the Restrained Person _ .7 Even if the protected person invites or consents to contact with the restrained person, this order remains in effect and must be enforced. The protected person cannot be awaited for inviting or consenting to contact with the restrained person. The order can be changed only by another court order. (Pen. Code, § I371 0(b).) Conflicting Orders A protective order issued in a criminal case on Form CR-l 61 takes precedence in enforcement over any conflicting civil coun order. (Pen. Code, § 136.2(e)(2).) Any nonconflicting terms of the civil restraining order remain in full force. An Emergency Protective Order (Form EPO-OOI) that is in eiTect between the same parties and is more restrictive than other restraining orders takes precedence over all other restraining orders. (Pen. Code, § 136.2.) This is a Court- Order. ‘ mmmm-m‘z Temporary Restraining Order (CLETS-TWH) WV-110. P698 50' 6 (Workplace Violence Prevention) . _ 9 Case Number: ’ 1130H004787 (Clerk willfill out this part.) -C|erk's Certificate- Clerk’s Certificate I certify that this Temporary Restraining Order is a true and correct copy ofthc [seal] on'ginal on file in the court. Date:-- Clerk, by , Deputy I This is a Court OrdérL ‘ I Mstmm1-m” Temporary Restraining Order (CLETS-TWH) WV-“U- P890 5 0‘6 ‘ (Workplace Violence Prevention)
