Response Petition Civil Harassment Workplace Violence

Cal. Super. - 6th Dist.January 5, 2021

Response to Request for Civil Clerk stamps date here when tormis filed.Ail:5ih% Harassment Restraining Orders Use this form to respond to the Request (form CH-100) Read How Can I Respond to a Requestfor Civil Harassment Restraining Orders? (form CH-120-INFO) to protect your rights. ~ Fill out this form and take it to the court clerk. Have someone age 18 or older-not you-serve the person in Q1 or his or her lawyer by mail with a copy of this form and any attached pages. (Useform CH-250, Proofof Service ofResponse by Mail.) Q1 Person Seeking Protection Full name ofperson seeking protection (seeform CH-I 00, item Q1): Kelley Avant Superior Court of Caiitotnia, County of Q2 Person From Whom Protection ls Sought Santa Clara a, Your Name: Mark Katz 191 N. First Street Your Lawyer (ifyou have onefor this case) San Jose, California 95113 Name: Andrew V. Steams State Bar No.:164849 Civil Division Firm Name: Robards & Steams b. Your Address (Ifyou have a lawyer, give your lawyer'sinformadon, ou Sa in case num rw an 7m iaaa . Ifyou do not have a lawyer and want to keep your home address private, you may give a diferent mailing address instead. You do not 21CH009798 have to give telephone, fax, or e-mail) Address: Suite 216 Present your response and any opposition at the City: I os Gatos State; CA Zlp. 95032 hearing. Write your hearing date, time, and place from form CH-109 item Q3here;Telephone:(408)214-6432 Fax:( ) ~ Date: 2/23/21 Time: 2:00 p.m.E-mail Address: itate DePt: 4 n wa Room: Q' Personal Conduct Orders If you were served with a Temporarya. Q I agree to the orders requested. Restraining Order, you must obey it until the b. g I do not agree to the orders requested. hearing. At the hearing, the court may make (Specify whyyou disagree in item Q11 on page 3.) orders against you that last for up to five years. c. [3 I agree to the following orders (Specify below or in item Q11 on page 3.) Q4 Stay-Away Orders a. Q I agree to the orders requested. b. Ig I do not agree to the orders requested. (Specify why you disagree in item Q11 on page 3) c. Q I agree to the following orders (specify below or in item Q11 on page 3): Q5 0 Additional Protected Persons a. I agree that the persons listed in itemQ3of form CH-100 may be protected by the order requested. b. iIg I do not agree that the persons listed in item Q3of form CH-100 may be protected by the order requested. Judicial Counal of Califemia, www counaceaoy Reuaed January 1, 2818, mandatory Form Cade of Cwil Procedure, 25 527.5 and 527.8 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-1 20, Page 1 of 4 Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/16/2021 11:15 AM Reviewed By: K. Nguyen Case #21CH009798 Envelope: 5843169 ! Case Number: 2 I CH009798 Q6 Guns or Other Firearms and Ammunition If you were served with form CH-110, Temporary Restraining Order, you cannot own or possess any guns, other firearms, or ammunition. (See item Q7 of form CH-110.) You must sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms in your immediate possession or control within 24 hours of being served with form CH-110. You must file a receipt with the court. You may use form CH-800, ProofofFirearms Turned In, Sold or Stored, for the receipt. a. I do not own or control any guns or firearms. b. I ask for an exemption from the firearms prohibition under Code of Civil Procedure section 527.9(f) because carrying a firearm is a condition ofmy employment, and my employer is unable to reassign me to another position where a firearm is unnecessary. (Explain): Check here ifthere is not enough space belowforyour answer. Putyour complete answer on an attached sheet ofpaper and write "Attachment 6b-Firearms Surrender Exemption" as a title. You may useform hdC-025, Attachment. c. g I have turned in my guns and firearms to the police or sold them to or stored them with a licensed gun dealer. A copy of the receipt K is attached, has already been filed with the court. Q7 Possession and Protection of Animals a. I agree to the orders requested. b. g I do not agree to the orders requested. (Specify why you disagree in item Q11 on page 3.) c. I agree to the following orders (specify below or in item Q11 on page 3): Q8 Other Orders a. I agree to the orders requested. b. I do not agree to the orders requested. (Specify why you disagree in item Q11 on page 3.) c. I agree to the following orders (specify below or in item Q11 on page 3): g l)i) DenialQ I did not do anything described in item Qy of form CH-100. (Skip to Q11 .) Revved Jeeuen 1, 2018 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-1 20, Page 2 of 4 Case Number: I CH009798 10 gg Justification or Excuse0 If I did some or all of the things that the person in P1 has accused me of, my actions were justified or excused for the following reasons (explain)J W Check here lf there is not enough space belowfor your answer. Putyour complete answer on an attached sheet ofpaper and write "Attachment 10-Justification or Excuse" as a title. You may useform MC 025, Attachment. Defendant served Plaintiff with a three-day notice to quit as part of my duties as the property manager acting on behalfof the landlord. Q11 lg Reasons I Do ttiot Agree to the Orders Requested Explain your answers to each order requested that you do not agree wi th. 8 Check hereif there is not enough space belowforyour answer. Putyour complete answer on an attached sheet ofpaper and write "Attachment 11-Reasons I Disagree" as a title. You may useform MC 025, Attachment. Revised January 1, 2018 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 3 of 4 Case Number: 21CH009798 No Fee for Filing0 a. I request that I not be required to pay the filing fee because the person inQ1 claims in form CH-100 item Qis to be entitled to free filing. b. I request that I not be required to pay the filing fee because I am eligible for a fee waiver. (Form FW-00L Request to Waive Court Fees, must befiled separately) Q13 Lawyer's Fees and Costs a I ask the court to order payment ofmy The amounts requested are: Lawyer's fees Court costs. Item Amount Item Amount Check here if there are more items. Put the items and amounts on the attached sheet ofpaper and write "Attachment 13- Lawyer 's Fees and Costs"for a title. You may use orform MC025, Attachment b. 5I I ask the court to deny the request of the person asking for protection that I pay his or her lawyer's fees and costs. 14 Number of pages attached to this form, if any. 830 Date: 2/12/21 Andrew V. Stearns Lawyer 's name (ifany) Lawyer 's si'gnature I declare under penalty ofperjury under the laws of the State of California that the information above and on ail attachments is true and correct. Date: 2/12/21 Mark Katz Type orprintyour name Revised January C 2010 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 4 of 4 Avant v. I&atz, Case No. zrCHoo9y98 Attachment ii - Reasons I Disagree Defendant Katz is the property manager agent for the property leased by Plaintiff Avant. The lease commenced on June zo, zoi9. Exhibit A. Avant lives in Unit i8 which is a second story unit facing the driveway for the apartment complex. The unit has a window in the shower stall that is very small and at the top of the shower enclosure making it impossible for anyone to see inside the shower. Dec. Dollar, para. g. Because it is a second story unit, one cannot hear whether someone is in the shower from the driveway below. Dec. Dollar, para. 3. Defendant denies that he did any of the acts complained of by Plaintiffwith the exception of serving her with a three-day notice to quit. Defendant is a member of the Los Gatos Police Department Disaster Air Response Team ("DART"). Has been a property manager since zooo and has managed during his career approximately z,goo to 3,ooo units and never been accused of the things asserted by Plaintiff. It is against his interest to do the things that are alleged. As an initial matter, the description of Defendant is not of him, he does not own a motorcycle, and he is almost never on the property. Plaintiff had previously made these same complaints that are being made about Defendant to the on-site manager, Eric Dollar, about another tenant, and his name is Mark. Dec. Dollar, para. n. Therefore, it appears Plaintiff's claims refer to another person altogether. As indicated in the moving papers, Plaintiff was served with a three-day notice to quit on December 9, zozo for playing continuous loud music, using her vehicle in a threatening manner against another tenant and following other tenants to the trash dumpster with a baseball bat in her hand. Exhibit B. Plaintiff contended it was invalid because her first name was misspelled. However, for a period of time she did reduce the noise and a corrected notice was not served. It is believed the present action with this Court is in retaliation for the three-day notice to quit and to attempt to provide her protection from eviction for a significant period of time so that landlord is not charged with retaliatory eviction. Mark Aguilar is the tenant on the property that owns a motorcycle. Plaintiffhas several times attempted to run Aguilar over with her vehicle and has made threats to Aguilar while holding a bat bat. She has also left derogatory and racist "posters" around the property referring to Aguilar. Dec. Aguilar. Similar examples of confrontational behavior and Plaintiff being the aggressor in her interactions with people are set forth in the Declarations ofStephanie Chacon and Dennis Grisby attached hereto. These declarations echoe many of the same statements in the other Exhibits hereto and the Declarations filed in opposition to the motion. On December 8, zozo, Plaintiff alleges she was harassed by Defendant and that this was witnessed by Plaintiffs son and daughter and two auto mechanics. On the day in question Defendant was not on the property. Plaintiff alleges she has been harassed by Defendant every day since July 2019. All the actions allegedly performed by Defendant require defendant to be on the property on a daily basis. The only reason for Defendant to be on the property is in the performance of his duties as a property manager and in this capacity it is primarily to empty the coin receptacles in the laundry room. Defendant rarely is on the property due to the on-site manager. Defendant estimates he is on the property i to z times per month thereby making it impossible for him to have harassed Plaintiff daily as she asserts. On December S, zo2o Defendant did speak with Plaintiff. Defendant was there to serve Plaintiff with a three-day notice to quit. He saw Plaintiff by her car with her son, daughter and two other gentlemen. Defendant called Plaintiff to his car, personally served the notice and drove away. Defendant has never turned the water off solely in plaintiffs apartment. The water cannot be turned off just for one unit, the entire complex must be turned off. Dec. Dollar, para. 8. On December r9, zoo, the water to the complex was turned off to repair a value in one of the other unit's showers. Prior to having the water turned off, Dollar posted written notice of the shut olF on the mailboxes, the laundry room door, the garbage cans and three other places in the common walk areas y8 hours before the work was performed. Dec. Dollar, para. 9. The water was off for z-3 hours. Dec. Dollar, para. 9. Because the value was installed upside down, the plumber had to return and fix it. He did on January z, zozx He would have had to turn the water off again. Dollar was not present that day and forgot to post advance notice of the shut oIF. Dec. Dollar, para. ro. Prior to receiving the restraining order, Defendant had never spoken with the Campbell Police Department about Plaintiff nor had he spoken to any other law enforcement agency about Plaintiff. Defendant has done nothing to impede plaintiffs right or ability to contact the Campbell Police Department or any other law enforcement department. PlaintifF has had interaction with the Campbell Police Department for noise complaints. Defendant requested the calls logs relating to Plaintiffs address from the Campbell Police Department. Exhibit C. It is evident from these reports that some of these are reports made by Plaintiff indicating her access to the Campbell Police Department has not been prevented by the actions of Defendant. One of the calls to the Police was to report that the downstairs neighbor was turning off PlaintifFs water and hitting the ceiling. The police found no mystery valve or marks on the ceiling. The mystery valve issue was part of a Better Business Bureau complaint made by Plaintiff. The complaint was eventually closed. Exhibit D. The complaints of noise from the downstairs neighbor by Plaintiff even occur when the unit is empty. Exhibits E, F and G. The apartment unit below Plaintiffwas recently vacated after the tenants were only in the unit for approximately three months. The reason given was loud music from upstairs at all hours, hitting the floor and yelling through the walls. Plaintiffwas verbally aggressive with the Police and at least one of the upstairs tenants would walk to the trash with a bat. The downstairs tenant did not believe it was a safe environment for his family. Exhibit H. This tenant was allowed early termination. The tenant who resided in the downstairs unit prior to the one in Exhibit H also vacated due to the actions ofAvant. She caused the family severe anxiety and trauma. Specifically, the weekend before the tenant asked to be released early from the lease, he stated, "This last weekend Pig was screaming that she was going to burn the place down and start 'cutting people'ecause she knows that someone is messing with her water pressure." Exhibit I. This tenant was allowed early termination. Plaintiff alleges that she told Defendant that neighbors had threatened her and he ignored her complaints. In each instance, Defendant would ask who was making the threats and Plaintiff would not identify them. There was nothing defendant could do. Exhibit J. Some of the drawings referenced in Exhibit J and the Declaration ofAguilar will be brought to the hearing. Taking all the exhibits into consideration and the supporting declarations, the one thing that stands out is that Defendant has done nothing wrong and has not acted aggressively or improperly in his interactions with Plaintiff. Plaintiff asserts Defendant mocks and laughs at her when she complains and tries to speak to him reasonably. The BBB complaint gives a good picture of Defendant trying to be reasonable and Plaintiff being completely uncooperative. Exhibit J also provides some additional insight into which party is the reasonable one. Defendant timely responded to Plaintiffs requests, he attempted to mediate a dispute between Plaintiff and her downstairs neighbor, he asked who was stalking her so that he could try and resolve that issue and he did not reserve the three-day notice to quit based on Plaintiff adjusting the volume of the music. In response, he is served with a temporary restraining order for actions that Plaintiff had complained to Dollar were the actions of the tenant Aguilar and/or other third parties. The evidence presented shows Plaintiff as the aggressor against her neighbors. Plaintiffs statements to support the motion are devoid of truth and her veracity and credibility do not support granting the initial temporary restraining order or the present motion for restraining order. For the reasons set forth in the documents provided in opposition to the restraining order, the request for a restraining order must be denied and the temporary restraining order vacated. Avant v. Katz County Superior Court, Case No. 21CH009798 Opposition to Motion for Restraining Order Exhibit A vam‘ at ount peri ourt, a o. 00 pposit oti est n r xhibi LEASE AGREEMENT THIS AGREEMENT between CM Prooertv Manaoement Inc. (Name of Landlord) "Landlord", and Kellv Avant (List ell Residents who will sign this Agreement) "Resident" is effective when fully executed by all parties. The Owner's obligation to deliver possession to Resident is conditioned on Resident making all payments due at or prior to move-in under this Agreement. THE PARTIES AGREE AS FOLLOWS: 1. RENTAL UNIT: Subject to the terms and conditions of this Agreement, Landlord rents to Resident and Resident rents from Landlord for residential use only, the premises located at: 475 Dover Wav (Street Address) , Unit ff (if applicable), 18 Camobell (ci ty) CA, 95008 (2ip) 2. TERM: The term of this Agreement is for 1 vear, beginning on 6-20-2019 and ending on 6-30-2020 (Term) (Date) (Date) at which time this Lease shall terminate without further notice. Any holding over by the Resident after termination shall entitle the Landlord to initiate legal proceedings to recover possession of the premises. A "month-to-month" tenancy subject to the terms and conditions of this agreement shall be created only if Landlord accepts rent from Resident thereafter, and if so accepted, tenancy may be terminated by Resident after service upon the Landlord of a written 30-day Notice of Termination. Except as prohibited by law, that month-to-month tenancy may be terminated by the Landlord by service upon the Resident of a written 60-day notice of termination of tenancy. However, Civil Code Section 1946.1 provides that "if any tenant or resident has resided in the dwelling for less than one year", the Landlord may terminate the tenancy by service upon the Resident of a written 30-day notice. 3. RENT: Rent is due in advance on the 1st day of each and every month, at $ 2510.00 per month. Tenancy start date: 6-20-2019 . Rent for any partial month shall be prorated at the amount of (Date) 1/30'" of the monthly rent per day. a. Prorated Rent (if applicable) IRI The tenancy did not start on the rent due date specified above. Resident is to pay: One month's rent at move-in: $ ~210.00 (Full rent amount) Prorated rent of $ 920. 33 (Amount ofprorated rent) on Julv 1. 2019 (Date) The regular rent of $ 2.510.00 , each month, beginning Auoust 1. 2019 r(~(:,1 s California Apartment Association Approved Eorm www.caanet. org Form 2.1 - Revised 12/18- 2018 - All Rights Reserved Page 1 of 10 &SriitliTiTlaaaa CWbT'nralaaF1W~ SaSB% umwalrWFI~ b. Payment Methods Payments made in person may be delivered between the hours of 8:30a.m and 5;00o.m. on the following days of the week: gl Monday IRI Tuesday II Wednesday tIThursday g Friday CI Saturday CI Sunday CI Other Acceptable methods of payment: I5 Personal Check I5 Cashier's Check gl Money Order j5 EFT/Credit Card (see Landlord for details) and I5 Cash c. Rent Payee and Location Rent is to be paid to CM Prooertv Manaoement (Name to whom rent payment should be made) and is to be delivered to CM Prooertv Manacement (Name to whom rent should be delivered) at 2034 Woodard Road. San Jose. CA 95124 (Address where payments should be dehvered) Telephone number for above address: 408-377u2676 4. SECURITY DEPOSIT: Resident shall deposit with Landlord, as a security deposit, the sum of $ 2.800.00 CI prior to taking possession of the unit (If no box is checked, this provision applies.) 2I at the time this Agreement is signed. , as follows: Resident shall not use the security deposit to pay any month's rent. Landlord may withhold from the security deposit only such amounts as are reasonably necessary to remedy Resident defaults including, but not limited to, the following: (a) defaults in the payment of rent, (b) to repair damages to the premises caused by Resident, exclusive of ordinary wear and tear, and/or (c) to clean the premises, if necessary, upon termination of the tenancy in order to return the unit to the same level of cleanliness it was in at the inception of the tenancy, and/or (d) to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear. No later than 21 calendar days after Landlord has regained possession of the premises, Landlord shall return any remaining portion of such security deposit to Resident. Any remaining portion of the security deposit shall be returned in the form of a single check made out to all Residents listed above. After either the Landlord or the Resident provides notice to terminate the tenancy, the Landlord and Resident may mutually agree to have the Landlord deposit any remaining portion of the security deposit electronically to a bank account or other financial institution designated by the Resident or to another form or method of return. 5. UTILITIES: Resident shall pay for all utilities, services and charges, if any, made payable by or based upon occupancy of Resident, except: water. hot water. trash. sewer Resident shall have the following utilities connected at all times during the tenancy (check as applicable): I5Gas glElectric CIWater CITrash CISewer CIOther: Disconnection of utilities due to non-payment is a material violation of this Agreement. Resident shall not use common area utilities (such as water or electricity) for the Resident's personal use, without prior written permission from the Landlord. !tpptps California Apartment Association App!cved Form www.caanet.org Form 2.1 - Revised 12/18- 2018- All Rights Reserved Page 2 of 10 &afiillstnna &fATlsralrTiII!W~taaalsawamaaaa Ilafiil~ LATE FEES AND INSUFFICIENT FUNDS: If rent is paid after the 3I'(I of the month, there will be a late charge of $ 100.00 assessed. This late charge does not establish a grace period. The parties agree that this late fee is presumed to be the amount of damage resulting from the late payment of rent. It would be impracticable or extremely difficult to fix the actual damage. This sum represents a reasonable endeavor by the Landlord to estimate fair average compensation for any loss that may be sustained as a result of late payment of rent. Failure to pay the fee is a material breach of this Agreement. Pursuant to California law, if Resident passes a check on insufficient funds, Resident will be liable to Landlord for the amount of the check and a service charge of $ 35.00, not to exceed $25 for the first check passed on insufficient funds, and $35 for each subsequent check passed on insufficient funds. PAYMENTS: In the event of roommates, or another form of multiple occupancy, Resident understands and agrees that rent shall be paid with a single payment and that it is up to Resident to collect individual checks or other payments in order to submit a single rent payment. If payment by mail is allowed, Resident bears the risk of loss or delay of any payment made by mail and Landlord must receive mailed rent payments on or before the due date, except as otherwise provided by law. In the absence of a signed acknowledgement that complies with Civil Code 1947.3, Landlord will accept rent payments only from the Resident. Landlord may require a signed acknowledgement for each rent payment made by a third party. Rent tendered by a Non-Resident shall be deemed rent tendered on behalf of Resident only and not on behalf of the Non-Resident. Should the Landlord elect to accept a payment that does not comply with this paragraph, this shall not be construed as a waiver of this provision. If Resident pays online or by direct deposit, such payment shall be deemed to come from Resident regardless of the source of the payment. Payment online or by direct deposit may be rejected or returned by Landlord during the pendency of any legal action, or in anticipation of legal action. Failure or refusal by Resident to cash Landlord's rent refund check shall not defeat Landlord's rejection of the rent being refunded. CHANGE TO PAYMENT METHOD. The Landlord may refuse certain payment methods listed in the paragraph entitled "RENT," above, as the form of payment to cure a Three-Day Notice to Pay Rent or Quit, Three-Day Notice to Perform Conditions and/or Covenants or Quit, a check passed on insufficient funds or dishonored for any other reason, or a stopped payment and may refuse certain methods for future rent payments thereafter. Notwithstanding the provisions above, the Landlord may demand or require cash as the exclusive form of payment of rent or security deposit if the Resident has previously attempted to pay the Landlord with a check drawn on insufficient funds or the Resident has stopped payment on a check, draft, or money order. If the Landlord chooses to demand or require cash payment under these circumstances, the Landlord shall give the Resident a written notice stating that the payment instrument was dishonored and informing the Resident that the Resident shall pay in cash for a period determined by Landlord, not to exceed three months, and attach a copy of the dishonored instrument to the notice. RENTAL UNIT AVAILABILITY: In the event the unit is not available on the move-in date due to a prior Resident holding over, or other cause not within the control of Landlord, Resident's damages will be limited to a return of the security deposit, any holding or other deposits and any advance payment of rent. 10. ACCEPTANCE OF PREMISES: Resident has inspected the premises, furnishings and equipment, and has found them to be satisfactory. All plumbing, heating and electrical systems are operative and deemed satisfactory. 11. OCCUPANTS: Premises shall be occupied only by the following named person(s): Name Kellv Avant 12-19-1970 Birthdate hlame Birthdate Name Name Nehemiah Avant Hunter Avant 8-3 I -2000 Birthdate t I 4l -BOOl Birthdate IVame Name Birthdate Birthdate 12. GUEST(S): Except as otherwise provided by prior written agreement, any person who is not listed as an Occupant on this Agreement is a Guest. A Guest may not stay on the premises for more than 5 consecutive days, or a total of 15 days in a 12-month period. At the discretion of Landlord, Guest(s) who overstay this limit may be required to go through the application process, and if approved, must sign a Rental/Lease Agreement. Resident is responsible for any violation of this Rental/Lease Agreement by Resident's Guests. California Apartment Association Approved Form www.caanet.org Form 2 1 - Revised /2//8- 20/8- All Rights Reserved Page 3 of 10 ~lrIInrITaaa taa~ a~rw~ lnairTIIB~ iarr aaaIIILSLaiiaaai~ 13. RENTERS INSURANCE: Resident's property is not insured by Landlord. Landlord recommends that Resident obtain coverage for Resident's personal property. Resident is not a co-insured and is expressly excluded from coverage under any insurance policy held by Landlord which is now in effect or becomes effective during the term of this Agreement. A renter's liability insurance policy such as the one that may be required below, benefits both the Landlord and the Resident. Ii Resident is encouraged but not required to obtain renters liability insurance. CI Resident is required to maintain renter's liability insurance for the benefit of the Landlord and the Resident throughout the duration of the tenancy as specified below. Resident must provide proof of such insurance to the Landlord on demand. Failure to comply with this requirement is a material violation of the Rental/Lease Agreement. (1) Coverage of at least $ in personal liability (bodily injury and property damage) for each occurrence. (2) The premises listed above must be listed as the location of the Resident insured. (3) Landlord and any person listed in Paragraph 41(b) must be listed as Certificate Holder (i.e., a person entitled to proof of insurance). (4) The carrier must provide 30-days'otice of cancellation, non-renewal or material change in coverage to the Landlord and any person listed in Paragraph 41(b). (5) Resident must obtain insurance: CI within 30 days of the inception of the tenancy. Cl prior to occupancy. fl by 14. KEYS: Resident has received 2 sets of keys for the premises. If needed, additional keys may be requested from the Landlord. There may be a charge. Keys to the premises are the exclusive property of Landlord. All keys must be returned to Landlord when Resident vacates. Resident shall be charged for the cost of new locks and keys if all keys are not returned. ln the event that any keys to the premises or the building are lost or consigned, Resident shall be liable for the entire cost of all key and lock replacement, at the discretion of Landlord, as required for the security of the Premises, the Building, and Building occupants. This may include the costs of re-keying the entire Building if Landlord, at Landlord's sole discretion, deems such action is necessary. Resident should take care not to lock himself/herself out of the Premises. If Landlord is required to assist any Resident in gaining entry to the Premises, Resident may be assessed a charge for the actual costs, including out of pocket expenses, incurred by Landlord and Landlord may require Resident to contract with a professional locksmith. California Apartment Association Approved Form www.caanet.org Form 2.1 - Revised 72/18- 2018 - All Rights Resenred Page 4 of 10 WlfiiaiT%%SSaalT'IIWATijl&~ laf)l%ZTBii%%%lllÃ%l~ I ~ I 15. PARKING (CHECK ONE): 0 This Agreement does not provide for parking of any motor vehicle or motorcycle anywhere in or about the Premises, the Building, and/or the driveway(s). (If no box is checked, this provision applies.) 0 This property's policy with respect to parking and/or garage use is in the attached addendum. Il This property's policy with respect to parking and/or garage use is as follows: Number of parking spaces assigned to Resident's unit 1 . Only one passenger vehicle or motorcycle may be parked in each space. Resident shall only use assigned parking spaces and shall ensure that guests park only in unassigned areas or designated guest parking areas. Resident may not use any parking space for recreational vehicles, boats, busses, trailers or similar non-passenger vehicles. The parking area may not be used for storage without prior written permission. Resident may not use any parking space to wash or repair vehicles, to change oil in vehicles or for any purpose other than parking. Resident agrees to move the vehicle and cooperate fully with the Landlord so that any repairs or alterations to parking or other areas can be made in as expeditious and efficient a manner as possible. Resident shall ensure that posted and designated fire zones or "No Parking" areas remain clear of vehicles at all times. Resident shall refrain from parking in unauthorized areas or in another resident's designated parking space. (Vehicles parked in unauthorized areas or in another resident's space may be towed away at the vehicle owner's expense.) Only currently registered vehicles may be parked on the property. A vehicle that lacks an engine, transmission, wheels, tires, doors, windshield, or any other major part or equipment necessary to operate safely on the highways, is subject to tow under California Vehicle Code 22658. Vehicles parked in violation of local laws/ordinance are subject to tow. 16. LANDSCAPING: Resident CI is IRI is not (check one) responsible for the upkeep of the yard and maintenance of the landscaping, including watering, mowing, weeding and clipping, or O please see attached Addendum. Resident shall promptly advise Landlord of any problems with the landscaping, including, but not limited to, dead grass, plants or tree limbs, insect infestations, discolored or yellowing foliage and insufficient irrigation or leaks. Resident may not delegate the responsibilities of this paragraph to any person, including a contractor or other landscaping professional. Resident may not alter the landscaping or engage in "personal agriculture" without Landlord's prior written permission. 'I7. STORAGE POLICY (CHECK ONE): 88 No storage outside of the Resident's unit is authorized, permitted, or provided under this Agreement. Resident agrees to keep personal property inside Resident's unit, unless Landlord has expressly agreed otherwise in writing in an addendum to this Agreement. Resident shall refrain from storing gasoline, cleaning solvent or other flammable liquids in the unit, (If neither box is checked, this provision applies.) Cl Storage is allowed pursuant to the attached addendum. 18. SMOKING POLICY: Smoking of any substance is prohibited everywhere on the premises, including in individual units and interior and exterior common areas, unless Landlord has adopted a different policy that is attached as an addendum to this Agreement. Smoking includes the use of e-cigarettes or vaping. The term "smoke" includes vapor from e-cigarettes or other vaping devices. (Check a box if an addendum is attached). I8I This property's policy with respect to allowing smoking is in the attached addendum. 0 This property is subject to a local non-smoking ordinance. The policy for this property is in the attached addendum. California Apartment Association Approved Form www.caanet,org Form 2.1 - Revised tzrt8- 2018 - All Rights Reserved Page 5 of 10 WeiI!lIw%%$ÃaaTT'%lfTiir1&~ %ala!$%4Fii~.SIIWiil~ Resident shall inform his or her guest(s) of this Smoking Prohibition. Resident shall promptly notify Landlord in writing of anyincident where smoke is migrating into Resident's unit from sources outside of Resident's unit. Resident acknowledges thatLandlord's adoption of this policy, does not make the Landlord the guarantor of the Resident's health or of the smoke-free condition of the areas listed above. However, Landlord shall take reasonable steps to enforce this provision. Landlord shall not be required to take steps in response to smoking unless Landlord has actual knowledge or has been provided written notice. Landlord and Resident agree that the other residents of the property are the third-party beneficiaries of this provision. A resident may sue another resident to enforce this provision but does not have the right to evict another resident. Any lawsuit between residents regarding this provision shall not create a presumption that the Landlord has breached this Agreement. A breach of this provision by the Resident shall be deemed a material breach of the Rental/Lease Agreement and grounds for immediate termination of the Rental/Lease Agreement by the Landlord. 19. SUBLETTING AND ASSIGNMENT: No portion of the premises shall be sublet nor this Agreement assigned. Any attempted subletting or assignment by Resident shall, at the election of Landlord, be an irremediable breach of this Agreement and cause for immediate termination as provided herein and by law. Resident is prohibited from offering all or part of the premises for short-term rental, such as through AirBNB, VRBO or other such sites. Any person who is not an Occupant or Resident, who occupies any portion of the dwelling unit, for any period of time whatsoever, for any compensation or consideration whatsoever (including, without limitation, the payment of money and/or trade and/or barter of other goods, services, or property occupancy rights) is not a Guest. This constitutes attempted subletting or assignment under this Agreement. 20. PROHIBITIONS: Without Landlord's prior written permission as an addendum to this Agreement, no pets, pianos, aquadiums, waterbeds, outside antennae, fireworks, charcoal burners or other open-flame cooking devices, or liquefied petroleum gas fueled cooking devices ("grille") or allowed in or about the premises, including any common areas. shall be kept or Resident shall not engage in any of the actions or conduct related to marijuana, that are otherwise permitted under Health and Safety Code 11362.1, on the premises. Resident shall refrain from shaking or hanging clothing, curtains, rugs, and other coverings and cloths outside of any window ledge or balcony. No clotheslines or drying racks may be used in outdoor areas, balconies, patios, etc, without the Landlord's prior written permission. Plants and other items may not be placed on balcony railings or ledges, unless Landlord has expressly agreed otherwise in writing in an addendum to this Agreement. 21. ENTRY AND COOPERATION: California law allows Landlord or their employee(s) to enter the premises for certain purposes during normal business hours. The Landlord will provide written notice to the Resident prior to the entry of the dwelling unit whenever required by state law. (Civil Code Section 1954.) Resident's non-compliance with Landlord's lawful request for entry is a material breach of this Agreement that may be cause for immediate termination as provided herein and by law. If the premises or the building is required by any government agency, lender or insurer to undergo repairs or alterations, or in case of other necessary or agreed repairs, Resident agrees to cooperate fully with Landlord so that all such repairs or alterations are made in as expeditious and efficient a manner as possible. 22. REPAIRS AND ALTERATIONS: Resident shall make a written request to Landlord regarding any repairs, decorations or alterations contemplated. Except as provided by law, no repairs, decorating or alterations shall be done by Resident without Landlord's prior written consent. This includes, but is not limited to, painting, wallpapering, and changing locks. Resident may not make any alterations to cable or telephone inside wiring (such as may occur when changing telecommunications providers or adding phone lines) without prior written consent of the Landlord. The consent request regarding proposed alterations to inside wiring shall include the name, address, and telephone number of any new telecommunications providers. Resident agrees to pay all costs resulting from the alteration and agrees to pay to the Landlord any costs associated with restoring the inside wiring to the condition at the time of move-in, except for reasonable wear and tear. Resident shall hold Landlord harmless and indemnify Landlord as to any mechanic's lien recordation or proceeding caused by Resident. California Apertmenl Association Approved Form www.ceenet.org Form 2.1 - Revised 12/18- 2018 - All Rights Reserved Page 6 of 10 wsfiiB'riiaÃTiiTIIaaiteeeiw ~»satil%~o ~ Iltasal~ I ~ I 23. CARE, CLEANING AND MAINTENANCE: Except as prohibited by law, Resident agrees (a) to keep the premises as clean and sanitary as their condition permits and to dispose of all rubbish, garbage and other waste, in a clean and sanitary manner, unless Landlord has expressly agreed otherwise in writing in an addendum to this Agreement. Resident shall ensure that large boxes are broken apart before being placed in trash containers. Resident shall be responsible, at Resident's expense, for hauling to the dump those items too large to fit in the trash containers. Resident shall not dispose of any flammable liquids, rags or other items soaked with flammable liquids or any other hazardous material in trash containers or bins; (b) to properly use and operate all electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits; (c) to keep the premises and furniture, furnishings and appliances, and fixtures, which are rented for Resident's exclusive use, in good order and condition; (d) that all rooms on the premises and all appliances and fixtures on the premises must be able to be used for their intended purpose(s); (e) not to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereto or to permit any person on the premises, to do any such thing; (f) to occupy the premises as a residence, utilizing portions thereof for living, sleeping, cooking or dining purposes only which were respectively designed or intended to be used for such purposes; (g) to leave the premises in the same condition as it was received, subject to normal wear and tear, as its condition permits; (h) to return the premises, upon move-out to the same level of cleanliness it was in at the inception of the tenancy; (i) to pay Landlord for costs to repair, replace or rebuild any portion of the premises damaged by the Resident, Resident's guests or invitees; (j) to promptly advise Landlord of any items requiding repair, such as locks or light switches. Resident shall notify the Landlord of any leaks, drips, water fixtures that do not shut off properly, including, but not limited to, a toilet, or other problems with the water system, including, but not limited to, problems with water-saving devices. Resident shall make repair requests as soon after the defect is noted as is practical, and (k) to keep doors and windows and access to them unobstructed and to not block them with personal items or otherwise, and to maintain clear pathways into and through each room on the premises. Resident must not otherwise maintain the unit in a manner that prevents necessary access through each room and to all doors and windows, inhibits necessary airflow, acts as a potential haven for pests and mold growth, creates a fire hazard, or prevents rooms from being used for their intended purposes. 24. PLUMBING: Cost of repair or clearance of stoppages in waste pipes or drains, water pipes or plumbing fixtures caused by Resident's negligence or improper usage are the responsibility of the Resident. Resident shall reimburse Landlord for these costs on demand. 25. USE OF PREMISES: The premises shall be used as a dwelling for residential purposes only and for no other reason. No retail, commercial, or professional use of the premises shall be made, unless such use conforms to applicable zoning laws and the prior written consent of Landlord is obtained in advance of such proposed use. As a condition for granting such permission, Landlord may require that Resident obtain liability insurance for the benefit of Landlord. 26. LARGE APPLIANCES: Resident shall not move or remove any large appliances provided by Landlord without prior written consent of the Landlord. Resident shall not install or operate any additional refrigerators, freezers, washing machines, clothes dryers, portable dishwashers, air conditioners or other large appliances not provided by the Landlord, without prior written consent of the Landlord. 27. QUIET ENJOYMENT: Resident and Resident's guest(s) shall not violate any criminal or civil law, ordinance or statute in the use and occupancy of the premises, commit vraste or nuisance, annoy, molest or interfere with any other person on the property, or neighbor. Any such action may result in the immediate termination of this Agreement as provided herein and by law. Resident shall refrain from creating, or allowing to be created, any noise that is disturbing to other residents. Resident is also responsible for compliance with any local noise ordinances. 28. FINES AND PENALTIES: Resident is responsible for any fines or other costs occasioned by violations of the law by Resident or Resident's guests on the premises or property while Resident is in possession. If any such fines or costs are levied against Landlord, Resident agrees to pay such fines or costs attributed to Resident's tenancy or the conduct of Resident, Resident's guests or others at the premises, upon receipt of an invoice from Landlord. The obligation to pay fines and costs assessed against Landlord may be in addition to any assessed directly against Resident. 29. LIABILITY FOR PACKAGES: Landlord is not responsible for the delivery, acceptance or receipt of, damage to or loss of messages, packages, mail or other material left at entrances to the premises or elsewhere on the premises. j L~F. mrs California Apartment Association Approved Form www.caanet.org Form 2.1 - Revised 12/18- Gc2018- All Rights Reserved Page 7 of 10 RatIInlirme taezTI%llTiiol&~ SSISi!aawnnmrmllHSFI~ 30. SMOKE DETECTION DEVICE: The premises are equipped with a functioning smoke detection device(s), and Resident shall be responsible for testing the device weekly and immediately reporting any problems, maintenance or need for repairs to Landlord. If battery operated, Resident is responsible for changing the detector's battery as necessary. Resident may not disable, disconnect or remove the detector. Landlord shall have a right to enter the premises to check and maintain the smoke detection device as provided by law. 31. CARBON MONOXIDE DETECTION DEVICE: If the premises are equipped with a functioning carbon monoxide detection device(s), Resident shall be responsible for testing the device weekly and immediately reporting any problems, maintenance or need for repairs to Landlord. If battery operated, Resident is responsible for changing the detector's battery as necessary. Resident may not disable, disconnect or remove the detector. Landlord shall have a right to enter the premises to check and maintain the carbon monoxide detection device as provided by law. 32. WAIVER OF BREACH: The waiver by either party of any breach shall not be construed to be a continuing waiver of any subsequent breach. The receipt by Landlord of the rent with the knowledge of any violation of a covenant or condition of this agreement shall not be deemed a waiver of such breach. No waiver by either party of the provisions herein shall be deemed to have been made unless expressed in writing and signed by afl parties to this Agreement. 33. JOINT AND SEVERAL LIABILITY: The undersigned Resident(s), whether or not in actual possession of the premises, are jointly and severally liable for afl obligations under this Agreement and shall indemnify Landlord for liability arising prior to the return of possession to the Landlord for personal injuries or property damage caused or permitted by Resident(s), their guests, and invitees. This does not waive "Landlord's duty of care" to prevent personal injury or property damage where that duty is imposed by law. 34. NOTICE: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. 35. CREDIT REPORTS: A negative credit report reflecting on your credit history may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. Resident expressly authorizes Landlord (including a coflection agency) to obtain Resident's consumer credit report, which Landlord may use if attempting to collect past due rent payments, late fees, or other charges from Resident, both during the term of the Agreement and thereafter. 36. SALE OF PROPERTY: In the event of the sale or refinance of the property: If Landlord presents to Resident CAA Form 2.3 Resident's Certification of Terms - Estoppel Certification, or other similar form, Resident agrees to execute and deliver the form acknowledging that this Agreement is unmodified and in full force and effect, or in full force and effect as modified with the consent of Landlord, and stating the modifications, within ten (10) days of written notice. Failure to comply shall be deemed Resident's acknowledgement that the form as submitted by Landlord is true and correct and may be relied upon by any lender or purchaser. 37. DESTRUCTION OF OR DAMAGE TO THE PREMISES: In the event the premises are partially or totally damaged or destroyed by fire or other cause, the following will apply: (a) If the premises are totally destroyed by fire, earthquake or other casualty, this Agreement will terminate, as of the date on which the damage occurs. However, if the damage or destruction is the result of the negligence of the Resident, or his or her invitees, then the Agreement will not terminate, unless notice is given by the Landlord, specifying the termination date. (b) If the premises are only partially damaged, or are temporarily uninhabitable, as determined by Landlord, Landlord will use due diligence to begin the process to repair such damage and restore the premises as soon as possible. If only part of the premises cannot be used, there will be a proportionate reduction of rent until the premises are repaired, to be determined solely by Landlord. 38. HAZARD NOTICE: Pursuant to Government Code Section 8589A5, Resident may obtain information about hazards including flood hazards, that may affect the property from the Internet Web site of the Office of Emergency Services at htto:llmvhazards.caloes.ca.oovl. The Landlord's insurance does not cover the loss of the Resident's personal possessions and it is recommended that the Resident consider purchasing renter's insurance and flood insurance to insure his or her possessions from loss due to fire, flood, or other risk of loss. The Landlord is not required to provide additional information concerning the flood hazards to the property and the information provided pursuant to this section is deemed adequate to inform the Resident. E)(Check box if applicable) The property is located in a special flood hazard area or an area of potential flooding. California Apartment Association Approved Form www. ca anat. erg Form 2.1 - Revised 12/18- 2018 - All Rights Reserved Page 8 of 10 waliiiliwiia aawaialnaileeit~ iarltca wIn akallrmB~ 39. SEVERABILITY CLAUSE: If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be seve(ed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties. 40. ENTIRE AGREEMENT: This Agreement, which includes all attachments referred to above, constitutes the entire Agreement between the parties and cannot be modified except in writing and signed by all parties, except as permitted by applicable law. Neither Landlord, nor any agent or employee of Landlord has made any representations or promises other than those set forth herein. 41. DISCLOSURE OF PERSON(S) AUTHORIZED TO MANAGE THE PREMISES AND INFORMATION FOR SERVICE OF PROCESS AND NOTICES: The following information is provided as required by California Civil Code Section 1962. a. Service of Process and Notices Notices, demands, and service of process shall be delivered to the following person, who is the (check one) Rl Landlord 0 Agent for service of process and notices: at CM Prooertv Manaoement (Nemo of person lo whom documents should be delivered) 2034 Woodard Road, Ssn Jose, CA 95124 (Address where documents should be delivered) 408-377-2676 (Telephone number ofperson) b. Persons Authorized to Manage the Premises The following person is authorized to manage the premises: CM Prooertv Manaaement (Nome of person to authorized to manage the premises) 408-377-2676 (Telephone number of person) at 2034 Woodard Road, San Jose, CA 95124 (Address ofperson authorized to manage the premises) If a person other than Landlord (identified at the beginning of this Agreement) is listed in this paragraph as a person who is authorized to manage the premises, this means the Landlord has contracted with an agent to manage the premises on Landlord's behalf. Unless otherwise specified in this Agreement, for any obligations Resident has to Landlord, Resident shall tender their performance to the agent identified in this paragraph as the person authorized to manage the premises. For example, if Resident is required to seek Landlord's written permission before engaging in certain conduct, Resident shall seek such permission from the agent identified in this paragraph as the person authorized to manage the premises. The agent identified in this paragraph as the person authorized to manage the premises is authorized to act for and on behalf of Landlord with respect to all of Landlord's obligations under this Agreement. 42. ATTORNEYS'EES: If any legal action or proceeding is brought by either party to enforce any part of this Agreement, the prevailing party shall recover, in addition to all other relief, reasonable attorneys'ees and court costs, unless one of the following two boxes is checked: D the prevailing party shall recover, in addition to all other relief, attorneys'ees not to exceed $ orpe each party shall be responsible for their own attorneys'ees and court costs. , plus court costs. 43. MANDATORY BED BUG NOTICE: California law requires all Landlords to provide specific information about bed bugs toth~ . initialing as provided, Resident(s) acknowledge receipt of the Bedbug Notification Addendum attached hereto. California Apartment Association Approved Form www.caenehorg Form 21 - Revised 12/18- 2018- Ail Rights Reserved Page 9 of 10 Wesiits Irsvsezfsa5aiiiTirrrelIii~ lW~msss%wazrrs iIFHFI~ 44. ADDENDA: By initialing as provided below, Resident(s) acknowledge receipt of the following applicable addenda (as checked), copies of which are attached hereto and are incorporated as part of this Agreement. Ig Asbestos Addendum (Form 17.1)v'ed Bug Addendum (Form 36.0) Cl CO&Ra Addendum (Form 2.9) gl Carbon Monoxide Detector (Form 27.1) CI Clothesline/Drying Rack Addendum (Form 62.0) CI Day Care Addendum (Form 26.0) Ci Furniture Inventory (Form 16.1) CI Garage/Parking Addendum (Form 63.5) IRI Grilling Addendum (Form 35.0) CI Guarantee of Rental/Lease Agreement (Form 41.0) II Lead-Based Paint Addendum (Form LEAD1) II Mold Notification Addendum (Form 2.7) II Move In/Move Out Itemized Statement (Form 16.0) CI Periodic Application by Pest Control Operator Addendum (Form 61.5) CI Periodic Application of Pesticides by Landlord Addendum (Form 61.4) CI Personal Agriculture Addendum (Form 49.0) CI Pet Addendum (Form 13.0) CI Political Signs Addendum (Form 39.0) Il Pool/Spa Rules Addendum (Form 15.0} IRI Satellite Dish and Antenna Addendum (Form 2.5) g Smoke Detector Addendum (Form 27.0) CI Smoking Policy Addendum (Form 34.0) CI Spare the Air Addendum (Form 37.0) CI Storage Addendum (Form 63.0) II Unlawful Activity Addendum (Form 2.4) IRI Water Conservation Addendum (Form 40.0) CI Water Submetering Addendum (Form 65.0) CI Waterbed Addendum (Form 14.0) IID Other: Addendum CI Other: CI Other: CI Other: CI Other: CI Other: CI Other: Cl Other: Ci Other: CI Other: Resident(s) initi IRON o f ix) 45. BREACH OF LEASE: In the event thaTT%sideht breaches this Lease Agreement, Landlord shall be allowed at Landlord's discretion, but not by way of limitation, to exercise any or all remedies provided Landlord by California Civil Code Section 1951.2 and 1951.4. Damages Landlord "may recover" include the worth at the time of the award of the amount by which the unpaid rent for the balance of the term after the time of award, or for any shorter period of time specified in the Lease Agreement, exceeds the amount of such rental loss for the same period that the Resident proves could be reasonably avoided. Date Date The undersigned Resi nt ) acknowlffdge(s) faving read and understood the foregoing, and receipt of a duplicate original. tu. & MI Date Resi ent+) Qfy A rant Date Resident Res t Date Resi ntg ~Resident Date nt (rFby Cvtvt / ~fadsL+ nc/(Laird''vise~ Agent for Landlord Landlord Individual signing for Landlord Mana//farfentvdo. (It A~ce) Date g-ZV2- f /I Landlord CI by: Individual Signing for Landlord Agent for Landlord Management Ce. (If Applicable) Date .':Iev California Apartment Association Approved Form www.caanel.erg Form 2.1 - Revised 12/18- 2018 - All Rights Reserved Page 10 of 10 WattattttTsamg asiiTittlatHWs ~Msm!CaeauI:%I %IIPHKl~ I ~ I Avant v. Katz County Superior Court, Case No. 21CH009798 Opposition to Motion for Restraining Order Exhibit B vant . at ount peri ourt, a o. 00 pposit oti est n r e xhibit THREE-DAY NOTICE TO PERFORM CONDITIONS AND/OR COVENANTS OR QUIT TO: Kellv Avant All Residents (tenants and subtenants) in possession (full name) and ell others in possession of the premises located at: (Street Address) 475 Dover Wav , Unit ff (if applicable) 18 (city) Camobell , CA 95008 (zfp) IN THAT, the Rental/Lease Agreement condition(s) and/or covenants set forth below are being breached as follows: 1. Condition(s) and/or covenant(s) breached: (Specific paragraph or page number (if applicable): Section 27. Quiet Eniovment of vour Lease Aareement sianed June 20. 2019 2. State specific facts of breach(es) and/or violation(s): 1. There is continuous loud music beina olaved in vour unit. 2. You have used vour vehicle in a threatenina manner aaainst another tenant in the buildina. 3. You have followed other tenants to the trash dumoster with a baseball bat in vour hand. California Apartment Association Approved Form www.caanet.org Form CA-231 - Revised 10/19 - 2019 - All Rights Reserved Page 1 of3 KlriiiiiTitaWia GHriitntalÃiiiiH~ %Til',aaeeiimrmllimFI~ WITHIN THREE (3) COURT DAYS after the service on you of this Notice, you are hereby required to perform or otherwise comply with the above-mentioned condition and/or covenant by: 1. The music must be turned down so that it can not be heard in other units. 2. You must not make other tenants fear for their safetv as a result of vour actions. OR QUIT AND DELIVER THE POSSESSION OF THE PREMISES. M Prooertv Manaaement Agent for Landlord iuanagement Co. IlfApplicable) If you fail to perform or otherwise comply, Landlord declares the forfeiture of your Rental/Lease Agreement and will institute legal proceedings to obtain possession. Such proceedings could result in a judgment against you, which may include attorneys'ees and court costs as allowed by law, and an additional punitive award of six hundr dollars ($600) in accordance with California law. If you fail to fulfill the terms of your credigxrbltgatltms, gpiv e 't r may be submitted to a credit reporting agency. Rlby M r, C CMP P GYM g~ic'l 12-9-2020 Date California Apadment Association Approved Form www. ca a net. org Form CA-231 - Revised tgltg- 2019 - AII Rights Reserved Page 2 of 3 WITiiBFii' taSIFT'e iTbTiil iW~ talligaaonnaneltlmnl~ } Avant v. Katz County Superior Court, Case No. 21CH009798 Opposition to Motion for Restraining Order Exhibit C vant . at ount peri ourt, a o. 00 pposit oti est n r xhibi CAMPBELL POLICE DEPARTMENT CallForService ¹1 20190811030 Event 475 Dover Wy Apt ¹18 Campbell, CALIFORNIA 95008-0827 Call Received: 08/11/2019 10.59:50 Transmitted: Jurisdiction: Latitude: Longitude: Reported As: Call Status: Priority: Call Taker: CAD Number: First Unit Dispatched: First Unit Enroute: First Unit Arrived: 08/11/2019 11:04:45 CPD 37.293691 -121.92679 415 - Disturbance Priority 2 Lozano, Lauren 20190811030 08/11/2019 11 04 45'8/1 1/2019 11:04:46 08/11/2019 11:13:25 Person (1) Phone 1: Inform CAD Comments 8/11/2019 11:02:44 AM, Performed By: LL Narrative (1) 08/1 1/201 9 [11 X IN THE APT IS YELLING, SCREAMING AND STOMPING AROUND FOR THE PAST 15 MINUTES. SHE LIVES HERE WITH HER TEEANAGE /'S, UNK IF THEY ARE HOME. NO MENTION OF WEAPONS AND THE RP CAN'T MAKE SENSE OF WHAT THE X IS SCREAMING ABOUT 8/11/2019 LU/16:04 AM, Performed By: KMA [2] L119 C4 2 1 1 2 0 D112212D21 PD1 12 Printed By Acoata, Metisse CAMPBELL POLICE DEPARTMENT CA CaEForService ¹: 20190811030 Unknown Responders: Unit: Dispatched: Enroute: On Scene: Completed: Dispatched By: Unknown Responders: Unit: Dispatched: Enroute: On Scene: Completed." Dispatched By: Unknown S5434 Smith, Brandon L119 08/1 1/2019 11:04 45 08/11/2019 11:04:46 08/1 1/2019 11.13:25 08/11/2019 11:22:09 Lozano, Lauren F8516 Favreau, Jason L82 08/1 1/2019 11:04:46 08/11/2019 11:04:46 08/1 1/2019 11 13:25 08/11/2019 11:22:09 Lozano, Lauren Response (9) Responders: Unit: Dispatched: Enroute: On Scene: Completed: Dispatched By: 80438 Bigman, Spencer H77 08/11/2019 11:04:46 08/1 1/2019 11:04:46 08/11/2019 11'13:25 08/1 1/2019 11:22:09 Lozano, Lauren Unknown Answered Time". ANI Phone Number: Latitude: Longitude: ESN: 08/1 1/2019 10:59:19 37.294523 -121.925228 710 E911 (1) Printed On 01/27/2021 Page2 of 2 Printed By Acoeta, Meiissa CAMPBELL POLICE DEPARTMENT CallForService ¹: 20190826003 Event 475 Dover Wy Apt ¹18 Campbell, CALIFORNIA 95008-0827 Call Received: 08/26/201 9 00:36:52 Transmitted: Jurisdiction: Latitude: Longitude: Reported As: Call Status: Priority: Call Taker: CAD Number: First Unit Dispatched: First Unit Enroute: First Unit Arrived: 08/26/2019 00 41:21 CPD 37.293691 -121.92679 415 - Disturbance Priority 2 Kenton, Jennifer 20190826003 08/26/2019 00 41:21 08/26/2019 00:41:21 08/26/201 9 00.44:31 Person (1) Location Description: Phone 1: Narrative (1) Inform CAD Comments 8/26/2019 12:36:56 AM, Performed By: JK [1] LOUD MUSIC COMING FROM THIS APT EVERY NIGHT. 08/26/2019 8/26/2019 12:46:48 AM, Performed By: AS [2] L112 MAKING CONTACT AT THE FRONT DOOR 8/26/2019 12:50:21 AM, Performed By: AS [3] L112 THEY ARE TURNING IT DOWN e Printed On 01/27/2021 Page 1 of 2 Printed By Acoeta, Meiissa CAMPBELL POLICE DEPARTMENT CA CaflForService //: 20190826003 8/26/2019 12:50:21 AM, Performed By: AS [4] L58 THEY ARE TURNING IT DOWN Unknown Responders: Unit: L2545 Leon, Daniel L112 Response (2) Dispatched: Enroute: On Scene: Completed: Dispatched By: Unknown Responders: Unit". Dispatched: Enroute: On Scene." Completed: Dispatched By: 08/26/2019 00:41:21 08/26/2019 00'41:21 08/26/2019 00:44:31 08/26/2019 00:50:21 Stephenson-Boyd, Ayanna 02672 Okamoto, Darwin L58 08/26/2019 00:41 '21 08/26/2019 00:41:21 08/26/2019 00 44:31 08/26/2019 00:50:21 Stephenson-Boyd, Ayanna Printed On 01/27/2021 Page 2 of 2 Printed By Acosta, tteiissa CAMPBELL POLICE DEPARTMENT CallForService ¹: 20191202025 Event 475 Dover Wy Apt ¹18 Campbell, CALIFORNIA 95008-0827 Call Received: 12/02/2019 11:46 51 Transmitted: Jurisdiction: Latitude: Longitude: Reported As: Now Received: Call Status: Pdiority: Call Taker: CAD Number: First Unit Dispatched: First Unit Enroute: First Unit Arrived: 12/02/2019 11:47:49 CPD 37.293691 -121.92679 415N - Disturbance Neighbors YES Priority 2 RECORDS 20191202025 12/02/201 9 11.47:49 12/02/2019 11:47:49 12/02I2019 11 48 07 Person (1) Phone 1: Inform CAD Comments 12/2/2019 11:47:17 AM, Performed By: R Narrative (1) 12/02/2019 [1] Y29..10-19...RP WOULD LIKE TO SPEAK TO AN OFFICER REGARDING HARRASSING BEHAVIOR FROM HER NEIGHBOR. Printed On 01/27/2021 Page 1 of 2 Printed By Acosta, Melissa CAMPBELL POLICE DEPARTMENT CallForService ¹: 20191202025 Unknown Responders: Unit: Dispatched: Enrouter On Scene: Completed: Dispatched By: W4210 Wetzel, David L67 12/02/2019 11:47:49 12/02/2019 11:47:49 12/02/2019 11:48:07 12/02/2019 13 00:26 Weil, Krislin Response (1) Printed On 01/27/2021 Page 2 of 2 Printed By Acosta, Meiissa CAMPBELL POLICE DEPARTMENT CA CallForService ¹: 20191203036 Event 475 Dover Wy Apt ¹18 Campbell, CALIFORNIA 95008-0827 Call Received: 12/03/2019 09:26:02 Transmitted: Jurisdiction: Latitude: Longitude: Reported As: Call Status: Priority: Call Taker: CAD Number: First Unit Dispatched: First Unit Enroute: First Unit Arrived: 12/03/2019 09:34:12 CPD 37.293691 -121.92679 415N - Disturbance Neighbors C Priority 2 Keaton, Jennifer 20191203036 12/03/2019 09 34:12 12/03/2019 09:34:12 12/03/2019 09:48:36 Person (1) Location Description: Phone 1: Inform CAD Comments 12/3/2019 9:26:22 AM, Performed By: JK Narrative (1) 01/06/2020 [1] RP SAYS THAT SHE'5 HAVING ONGOING ISSUES WITH HER DOWNSTAIRS NEIGHBOR HITTING THEIR CEILING BELOW HER FEET WHEN SHE'5 DOING THE DISHES TODAY, AND THINKS THEY ARE MAKING THE HOT WATER SCOLDING HOT, UKN HOW THOUGH. 12/3/2019 9:26:27 AM, Performed By: JK [2] *SEE PREVIOUS HX 12/3/2019 11:04:39 AM, Performed By: JK [3] **sa*L67, THE WATER PIPING IS 60-70 YEARS OLD CAUSING THE PROBLEM, AND THERE ARE NO P / 1 do 21/21/2221 P 2 1 1 2 Printed By Acosta, Melissa CAMPBELL POLICE DEPARTMENT CallForService ¹: 20191203036 MARKS ON THE CELINING IN THE DOWNSTAIRS APT. 12/3/2019 11:10:15 AM, Performed By: JK [41 Printed On 01/27/2021 Page 2 of 4 Printed By Acosta, Melissa P E] CA al er i # N NSTAI PT. 2 , orm y: r 0no1/27/ r costa, eli CAMPBELL POLICE DEPARTMENT Ca/IForService //: 20191203036 Printed On 01/27/2021 Page 3 of 4 Printed By Acosta, Melissa P CA all r er i #: 0no1/27/ Pri costa, eli CAMPBELL POLICE DEPARTMENT CA CallForService e: 20191203036 12/3/2019 11:10:32 AM, Performed By: JK [5] ***10-22 COMMENT 4 Unknown Responders: Unit: Dispatched: Enroute: On Scene: Completed: Dispatched By: Unknown Responders." Unit: Dispatched: Enroute: Completed: Dispatched By: Unknown Responders: Unit: Dispatched: Enrouter On Scene: Completed: Dispatched By: W4210 Wetzsl, David L67 1 2/03/2019 09: 34 12 12/03/2019 09:34:1 2 12/03/2019 09:48:36 12/03/2019 10:09'03 Weil, Kristin H1337 Hong, Derrick L121 12/03/2019 09:34:51 12/03/2019 09 34:51 12/03/2019 09:36.24 Weil, Kristin B9495 Buckovic, Scotl L123 12/03/2019 09:35:14 12/03/2019 09: 35:14 12/03/2019 09:48:36 12/03/2019 10 09:05 Weil, Kristin Response (3) Printed On 01/27/2021 Page 4 of 4 Printed By Acoata, Meiissa CAMPBELL POLICE DEPARTMENT CA CallForService ¹: 20200117087 Event 475 Dover Wy Apt ¹APT 18 Campbell, CALIFORNIA 95008-0827 Call Received: 01/1 7/2020 19:1 0 59 Transmitted: Jurisdiction: Latitude: Longitude: Reported As: How Received: Call Status: Priority: Call Taker: CAD Number: First Unit Dispatched: First Unit Enroute: First Unit Arrived: 01/17/2020 19:40:41 CPD 37.293691 -121.92679 415- Disturbance YES Priority 2 Smith, Nicole 20200117067 01/1 7/2020 19.40 41 01/1 7/2020 19:40:41 01/17/2020 19:49:39 Person (1) Location Description: Phone 1: Inform CAD Comments Narrative (1) 01/1 7/2020 1/17/2020 7:13:15 PM, Performed By: NS [1] UPSTAIRS NEIGHBOR MAKING A LOT OF NOISE BANGING AROUND 1/17/2020 7:13:59 PM, Performed By: NS [2] RP SAID SHE DOES IT SPITEFULLY BECAUSE RPS KIDS RUN AROUND IN HER APARTMENT 1/17/2020 7:4EU28 PM, Performed By: SM [3] Secondary Location for L108: - 2ND STREET, ~ N 2ND ST,CAMPBELL, CA 95008. Printed On 01/27/2021 Page 1 of 3 Printed By Acosta, Melissa CAMPBELL POLICE DEPARTMENT CA CallForService ¹: 20200117087 1/17/2020 7:49:39 PM, Performed By: SM [4] Secondary Location for L108: 475 Dover Wy,CAMPBELL,CA 95008-0827 1/17/2020 8:01:40 PM, Performed By: SM [5] L108 QOA AND QOD Printed On 01/27/2021 Page 2 of 3 Printed By Acosta, Nlelissa CAMPBELL POLICE DEPARTMENT CA CaiiForService //1 20200117087 Unknown Responders: Unit: Dispatched: Enroute: On Scene: Left For Secondary Location: Arrived At Secondary Location: Completed: Dispatched By: Unknown Responders: Unit: Dispatched: Enroute: On Scene." Completed: Dispatched By: Unknown Responders: Unit: Dispatched: Enroute: On Scene: Left For Secondary Location: Arrived At Secondary Location; Completed: Dispatched By: Response (3) A4307 Alameda, Adam L108 01/1 7/2020 19.40 41 01/1 7/2020 19:40:41 01/17/2020 19:49:39 01/17/2020 19:46:28 01/17/2020 19 49:24 01/1 7/2020 19:49:42 Marquez, Sonia R6397 Reigel, Bradley R22 01/17/2020 19 40:41 01/1 7/2020 19:40:41 01/1 7/2020 19:52:29 01/1 7/2020 20:01.31 Marquez, Sonia A4307 Alameda, Adam L108 01/17/2020 19:49:57 01/17/2020 19:49:57 01/1 7/2020 19:49 57 01/17/2020 19 46:28 01/17/2020 19.49:24 01/17/2020 20:01:40 Marquez, Sonia Unknown Answered Time: ANI Phone Number." Latitude: Longitude: ESN: 01/17/2020 19:10.48 37.293782 -121.926773 710 E911 (1) Printed On 01/27/2021 Page 3 of 3 Printed By Acoeta, Meiissa CAMPBELL POLICE DEPARTMENT gx CallForService ¹: 20200119008 2 t 475 Dover Wy Apt ¹18 Campbell, CALIFORNIA 95008-0827 Call Received: 01/1 9/2020 01:45:29 Transmitted: Jurisdiction: Latitude: Longitude: Reported As: Now Received: Call Status: Pdtodity: Call Taker: CAD Number: First Unit Dispatched: First Unit Enroute: First Unit Arrived: 01/19/2020 01;56:40 CPD 37.293691 -121.92679 415 - Disturbance NO Priority 2 Marquaz, Sonia 20200119006 I 01/19/2020 01:56:40 01/19/2020 01: 56:40 01/1 9/2020 01:56:40 Person (2) Location Description: Phone 1: Person Category: Sex: Address: Apartment: City: State: Zip Code: Phone 1: Narrative (1) Inform CAD Comments 01/19/2020 1/19/2020 1:52:13 AM, Performed By: SM [1[ RP SAYS THE UPSTAIRS NEIGH IS WATCHING REALLY LOUD TV AND STOMPING FOR ABOUT 4 RS NOW- BUT ITS AN ONGOING ISSUE.D 71 I 00 DII27I2021 Page1 of 2 Printed By Acosta, Melissa CAMPBELL POLICE DEPARTMENT CA CSIIForService ¹: 20200119008 RP IS NOT A WILLING VIC AT THIS TIME.. 1/19/2020 1:56:27 AM, Performed By: SM [2[ RP CALLED BACK TO 10-22-THEY QUIETED DOWN. Unknown Responders: Unit: Response(1) M1357 Marquez, Sonia D52 Dispatched: Enroute: On Scene: Completed: Dispatched By: 01/1 9/2020 01:56 40 01/19/2020 01 56:40 01/1 9/2020 01:56:40 01/19/2020 01:56:43 Marquez, Sonia Unknown Answered Time: ANI Phone Number: Latitude: Longitude: ESN: 01/19/2020 01:35:28 37.293772 -121.926666 710 E911 (1) Printed On 01/27/2021 Page 2 of 2 Printed By Acosta, Melissa CAMPBELL POLICE DEPARTMENT CA CallForService ¹: 20200130131 Event 475 Dover Wy Apt ¹APT 18 Campbell, CALIFORNIA 95008-0827 Call Received: 01/30/2020 23:17:46 Transmitted: Jurisdiction: Latitude: Longitude: Reported As: How Received: Call Status: Priority: Call Taker: CAD Number: First Unit Dispatched: First Unit Enroute: First Unit Arrived: 01/30/2020 23:26 37 CPD 37.293691 -121.92679 416 - Disturbance YES Priority 2 Smith, Nicole 20200130131 01/30/2020 23:26.37 ~ 01/30/2020 23:26:37 01/30/2020 23:26:37 Person (1) Location Description: Phone 1: Inform CAD Comments Narrative (1) 01/30/2020 1/30/2020 11:17:47 PM, Performed By: NS [1] LOUD MUSIC,STOMPING AND VACUUMING 1/30/2020 11:2ER33 PM, Performed By: SM [2] RP CALLED BACK. 10-22, THE NOISE STOPPED FOR NOW. RP WAS ADV TO CONTACT THE LANDLORD AND TO REQUEST INCIDENT REPORTS FRM RECORDS DPT.e Printed On 01/27/2021 Page 1 of 2 Printed By Acosta, Melissa CAMPBELL POLICE DEPARTMENT CA CSIIForService ¹: 20200130131 Unknown Responders: Unit: Dispatched: Enroute: On Scene: Completed: Dispatched By: Response (1) M1357 Marquez, Sonia D52 01/30/2020 23:26 37 01/30/2020 23:26'37 01/30/2020 23:26:37 01/30/2020 23:26:41 Marquez, Sonia Printed On 01/27/2021 Page 2 of 2 Printed By Acosta, Me/issa CAMPBELL POLICE DEPARTMENT CA CallForService ¹: 20200226090 Event 475 DOVER WY Apt ¹18 Campbell, CALIFORNIA 95008-0827 Call Received: 02/26/2020 22:27:26 Transmitted: Jurisdiction: Latitude: Longitude: Reported As: How Received: Call Status: Priority: Call Taker." CAD Number: First Unit Dispatched: First Unit Enroute: First Unit Arrived: 02/26/2020 22:34:52 CPD 37.293691 -121.92679 415 - Disturbance OFFICER DISCRETION Priority 2 Marquez, Sonia 20200226090 02/26/2020 22:34:52 02/26/2020 22:40: I 3 02/26/2020 22:40'13 Person (1) Location Description: Phone 1: Inform CAD Comments Narrative (1) 05/04/2020 2/26/2070 10:31:28 PM, Performed By: SM [1] NEIGHBOR UPSTAIRS LOUD MUSIC, VACUUMING 15 MINS NOW WILLING VIC VACCUMING STOPPED BUT MUSIC STILL LOUD Printed On 01/27/2021 Page 1 of 2 Printed By Acosta, Melissa CAMPBELL POLICE DEPARTIVIENT CA CallForService ¹: 20200226090 Unknown Responders: Unit: Dispatched: Enroute; On Scene: Completed: Dispatched By: Unknown Responders: Unit: Dispatched". Enroute." On Scene: Completed: Dispatched By: L2545 Leon, Daniel K105 02/26/2020 22: 34 52 02/26/2020 22:40:13 02/26/2020 22;40:1 3 02/26/2020 22:51 12 Smith, Nicole Q2628 Quinisro, Victor T56 02/26/2020 22:34:52 02/26/2020 22:42:33 02/26/2020 22:42:33 02/26/2020 22; 51:1 2 Smith, Nira/le Response (2) Printed On 01 /27/2021 Page 2 of 2 Printed By Acosta, Melissa CAMPBELL POLICE DEPARTMENT CA Qx CallForService ¹: 20200314052 Event 475 DOVER WY Apt ¹18 Campbell, CALIFORNIA 95008-0827 Call Received: 03/1 4/2020 22 24.10 Transmitted: Jurisdiction: Latitude: Longitude: Reported As: Call Status: Priority: Calf Taker: CAD Number: First Unit Dispatched: 03/14/2020 22:32:04 CPD 37.293691 -121.92679 415 - Disturbance Priority 2 Smith, Nicole 20200314052 03/14/2020 22: 32:04 ~ Person (1) Location Description: Phone 1: Inform CAD Comments Narrative (1) 05/05/2020 3/14/2020 10:25:12 PM, Performed By: NS [1] X STOMPING ON HER FLOOR AND BANGING THINGS AROUND 3/14/2020 10:25:21 PM, Performed By: NS [2] *CHRONIC ISSUE/SE PREVIOUS 3/14/2020 10:27:17 PM, Performed By: NS [3] RP SAYS ITS SCARING HER KIDS 3/14/2020 10:32:10 PM, Performed By: KP P / 1 P D 0112712021 Page 1 of 2 Printed By Acosta, Meiissa CAMPBELL POLICE DEPARTMENT CA CallForService ¹: 20200314052 [4] Secondary Location for L106: CPD - CAMPBELL POLICE DEPARTMENT, 70 N 1ST ST,CAMPBELL, CA 95008. 3/14/2020 10:32:10 PM, Performed By: KP [5] L106 10-21 STN 3/14/2020 11:19:04 PM, Performed By: KP [6] L106 PR FOR NOW - RP IS GOING TO CONSULT HER HUSBAND TO DECIDE IF SHE WANTS, PROSECUTION OR NOT Unknown Responders: Unit: Dispatched: Left For Secondary Location: Arrived At Secondary Location: Completed: Dispatched By: H1337 Hong, Derrick T56 03/14/2020 22 32:04 03/14/2020 22:32:10 03/14/2020 22:32:1 0 03/1 4/2020 23.1 9:04 Pierce, Kari Response (1) Unknown Answered Time: ANI Phone Number: Latitude: Longitude: ESN: 03/1 4/2020 22:23:57 37.29361 5 -121.926666 710 E911 (1) P i tr r 0 Ocrrl2021 Page 2 of 2 Printed By Acosta, Melissa CAMPBELL POLICE DEPARTMENT CA Qx CallForService ¹: 20201117002 Event 475 Dover Wy Apt ¹18 Campbell, CALIFORNIA 95008-0827 Call Received: 11/17/2020 00:17:39 Transmitted: Jurisdiction: Latitude: Longitude: Reported As: How Received: Call Status: Priority: Call Taker: CAD Number: First Unit Dispatched: First Unit Enroute: First Unit Arrived: 11/17/2020 01:35:15 CPD 37.293691 -121.92679 415M - Disturbance Music YES Priority 3 Pierce, Kari 20201117002 11/1 7/2020 01:35:1 5 11/17/2020 01:56:05 11/1 7/2020 01:56:05 Person (1) Location Description: Phone 1: Inform CAD Comments Narrative (1) 11/1 7/2020 11/17/2020 12:17:42 AM, Performed By: KP [1] PLAYING LOUD MUSIC ALL DAY OCCURS FREQUENTLY % POSS 3 PEOPLE IN THE APT RP WAS TOLD BY MANAGER TO CALL PD HAS BEEN ADV ABOUT BEING A WILLING VICTIM 11/17/2020 12:23:32 AM, Performed By: KP [2] XADV Printed On 01/27/2021 Page1 of 4 Printed By Acosta, Melisaa CAMPBELL POLICE DEPARTMENT CA CallForService ¹: 20201117002 11/17/2020 1:57:54 AM, Performed By: KP [3] L113 ITS QOA 11/17/2020 1:58:16 AM, Performed By: SB [4] RP SAYS HE CAN STILL HEAR THE MUSIC 11/17/2020 1:58:31 AM, Performed By: SB [5] RP SAYS IT'5 ALL BASS 11/17/2020 2:00:03 AM, Performed By: KP [6] L106 WE HAVE CONTACT WITH THE RP 11/17/2020 2:03:24 AM, Performed By: KP [7] L106ATC UNIT 18 1 11/17/2020 2:16:28 AM, Performed By: SB [8] Incident Re-opened: STARTED UP 11/17/2020 2:18:28 AM, Performed By: SB [9] RP SAID AS SOON AS PD LEFT SHE TURNED THE MUSIC BACK UP - RP IS A WILLING VICTs Printed On 01/27/2021 Page 2 of 4 Printed By Acosta, Melissa CAMPBELL POLICE DEPARTMENT CA CallForService ¹: 20201117002 11/17/2020 2:29r10 AM, Performed By: SB [10] RP SAID SHE TURNED OFF THE MUSIC - KICKED THE WALL A FEW TIMES - SAID WE KNOW ITS YOU DOWNSTAIRS, AND TURNED THE MUSIC BACK ON 11/17/2020 4:38:51 AM, Performed By: KP [11] X84 WILL HAVE L106 CALL THE RP 11/17/2020 4:52:06 AM, Performed By: SB [12] L106 WILL CONTAD MANAGEMENT LATER TODAY Printed On 01/27/2021 Page 3 of 4 Printed By Acosta, Melissa CAMPBELL POLICE DEPARTMENT CA CallForSeryice //: 20201117002 Unknown Responders: Unit: Dispatched: Enrou1e: On Scene: Completed: Dispatched By: Unknown Responders: Unit: Dispatched: Enroute: On Scene: Completed: Dispatched By: Unknown Responders: Unit: Dispatched: Completed; Dispatched By: D1236 Dipiero, Jacob L114 11/17/2020 01:35:15 11/17/2020 01 56:05 11/1 7/2020 01:56:05 11I17/2020 02:11:13 Pierce, Kari H1337 Hong, Derrick L106 11/1 7/2020 01: 35:15 11/1 7/2020 01:56:05 11/17/2020 01:56:05 11/1 7/2020 02:11'13 Pierce, Kari H1337 Hong, Derrick L106 11/17I2020 04;38:53 11/1 7/2020 04: 52:06 Pierce, Kari Response (3) Printed On 01/27/2021 Page 4 of 4 Printed By Acosta, Melissa CAMPBELL POLICE DEPARTMENT gx CallForService ¹: 20210117063 Event 475 Dover Wy Apt ¹18 Campbell, CALIFORNIA 95008-0827 Call Received: 01/17/2021 21:07.05 Transmitted: Jurisdiction: Latitude: Longitude: Reponed As: Call Status: Priority: Call Taker: CAD Number: First Unit Dispatched: First Unit Enroute: First Unit Arrived: 01/1 7/2021 21:12:49 CPD 37.293691 -121.92679 166- Violation of Court Order Priority 2 Broderick, Sheila 20210117063 01/17/2021 21:12.49 '1/17/2021 21:12:49 01/17/2021 21:12:49 Person (1) Phone 1: Inform CAD Comments Narrative (1) 01/1 7/2021 1/17/2021 9:05:19 PM, Performed By: SB [1) RP HAS A SERVED TEMPORARY RESTRAINING ORDER - AGAINST THE MANAGER 1 1/17/2021 9:06:37 PM, Performed By: SB [2] RP BELIEVIES HE IS ENCOURAGES OTHER TENANTS TO HARASS HER f 1/17/2021 9:06:50 PM, Performed By: SB [3) ~ Printed On 01/27/2021 Page 1 of 5 Printed By Acosta, Melissa CAMPBELL POLICE DEPARTMENT CallForService ¹: 20210117063 Printed On 01/27/2021 Page 2 of 5 Printed By Acosta, llllelissa P E] CA al er i #1 n01/271 costa, Me is CAMPBELL POLICE DEPARTMENT CallForService ¹: 20210117063 Printed On 01/27/2021 Page 3 of 5 Printed By Acosta, Melissa P CA . aHForServi #2 r n01/27l V5 r costa, eli CAMPBELL POLICE DEPARTMENT CA CallForService ¹: 20210117063 1/17/2021 9:07:09 PM, Performed By: SB [4] *** 10 - 21 ** Printed OnOt/27/202t Page 4 of 5 Printed By Acosta, Melissa P 33] al er i # 2 , orm y: o- **f-1 r nO1/27l 1 r costa, eli CAMPBELL POLICE DEPARTMENT CA CaliForService //: 20210117063 Unknown Responders: Unit: Dispatched." Enroute: On Scene: Completed: Dispatched By: Response (1) J071 5 Joines, Christopher L123 01/17/2021 21:12 49 01/1 7/2021 21:12:49 01/17/2021 21:12:49 01/17/2021 21 44:52 A/vsrado Kelly M Printed On 01/27/2021 Page 5 of 5 Printed By Acosta, Melissa CAMPBELL POLICE DEPARTMENT Qx CallForService ¹: 20210121052 Event 475 Dover Wy Apt ¹18 Campbell, CALIFORNIA 95008-0827 Call Received: 01/21/2021 15:36 43 Transmitted: Jurisdiction: Latitude: Longitude: Reported As: How Received: Call Status: Priority: Call Taker: CAD Number: First Unit Dispatched: 01/21/2021 15:44:07 CPD 37.293691 -121.92679 1062 - Citizen Assist YES Priority 3 RECORDS 20210121052 01/21/2021 15:44.07 Person (1) Phone 1: Inform CAD Comments 1/21/2021 3:39:41 PM, Performed By: R Narrative (1) 01/21/2021 [1] Y29...10 19....RP HAS ONGOING ISSUES WITH A PERSON IN ANOTHER APARTMENT AT THIS LOCATION. SHE IS REQUESTING TO OBTAIN THAT INDIVIDUAL'5 NAME SO SHE CAN GET A RESTRAINING r ORDER ON HIM. SHE SPOKE WITH L106 YESTERDAT INVOLVING INCIDENT 20210120070. SHE WILL WAIT FOR AN OFFICER IN HER TOYOTA IN THE HANDICAP PARKING SPACE AT THE TOP OF THE RAMP AS SHE HAS LEG PAIN AND CAN NOT WAIT BY THE LOBBY DOOR. 1/21/2021 4:16;48 PM, Performed By: A1234 [2] L125- RP REQUESTING PERSONAL INFORMATION FOR NEIGHBOR TO OBTAIN RESTRAINING ORDER. ADVISED COULD NOT RELEASE INFO. RP REQUESTING WE CONTACT RESIDENT, HOWEVER NO INFORMATION AVALIABLE TO CONTACT SUBJECT. PR. Printed On 01/27/2021 Page 1 of 2 Printed By Acostar Meliasa CAMPBELL POLICE DEPARTMENT CA CallForService //; 20210121052 Unknown Responders: Unit: Dispatched". Completed: Dispatched By: C3214 Colton, Andrew L125 01/21/2021 t 5.44:07 01/21/2021 16:43.16 Kenton, Jennifer Response (1) Printed On 01/27/2021 Page 2 of 2 Printed By Acosta, Metisse Avant v. Katz County Superior Court, Case No. 21CH009798 Opposition to Motion for Restraining Order Exhibit D vant . at ount peri ourt, a o. 00 pposit oti est n r e xhibi 1/16/2021 BBB CASE¹'45104 blips://sanjose.app.bbb.org/complaint/view/745104/b/7056c4 "'** This complaint has been closed. If you have more information to provide to BBB regarding this complaint or need to upload a document, please click here. *** Attached documents, if there are any, can be found in the "Complaint Status" area under the various links. Or they can be found below in the section called "All attachments for this complaint." Complaint filed by: Consumer Info NAME: Kel icy Avant DAY PHQNE.408 644-2657 ADDREss P.O. Box 4199 95150-4199 /San )ose, CA EVE PHONE:- CELL PHONE;- EMAILi'Kwhynotu@gmail.corn FAX: " Complaint filed against: Business Info NAME:CM Property Management, Inc ACCREDITED BUSINESS: YES coNTAcT: Mark Katz 2034 Woodard Rd San )ose, CA 95124-2739 PHDNE:408 377-2676 FAX:408 377-2605 Website: http: //WWW. Cmpmi. COm Complaint status: Date 02/26/2020 02/27/2020 02/27/2020 02/27/2020 02/07/2020 Activity Inform Consumer Case Closed Answered Case ADMINISTRATIVELY CLOSED Inform Business - Case ADMINISTRATIVELY CLOSED Bureau Judged Case AJR Consumer rejects business'inal offer Activity Description (The consumer indicated he/she DID NOT accept the response from the business.) Thank You for your response to my complaint. Now that Mr. Katz has acknowledged the tenant in the unit below us has an extremely difficult time living below us. What is Mr. Katz going to do about their behavior of turning the water valves off while I am and my daughter are showenng, and changing the water temperature? I will also say that his attempts to get everyone together has NOT worked because, although Mr. Katz may feel I am being unreasonable; his shower and water temperature is not being turned off while he is showering...and I don't recall him telling me he is being stalked by his neighbor as they listen to his foot-steps through-out the floor boards of the floor he is walking on! So to add some enlightenment to Mr. Katz defense for the tenant in the unit below ours: (http: //www.joinonelove.org/learn/stop-playing-the-blame-game-take-responsibility-in- your-relationship/)for their own feelings or actions *need for control, unable to take no for an answer, deceptive, switches between rage and "love", difficulty distinguishing between fantasy and reality, sense of entitlement, unable to cope with rejection, views his or her problems as someone else's fault. So I am being reasonable about my choice of not engaging the neighbor or their behavior. Sitting in the same room with them is not a wise choice for us...because their behavior is continuous. blips.//sanjose.app.bbb.org/complaint/view/745104/b/70b6c4 1/3 1/18/2021 https://san!ose.app.bbb.org/complaint/view/745104/b/70b6c4 As I have stated before if I keep complaining they wont stop. Their manipulative behavior of wanting to sit in the same room with us or else( is rather explanatory) of why I refuse to be controlled by their unreasonable resolution. So, Please inform us when the turning of the water and; the changing of the temperature of the water will be fixed. So when and if Mr. Katz is ready to be reasonable about his ail is well with the tenants revival comedy resolution Act 2020...teli him to write a different script because I can't play the I'm to stupid to understand what's going on role. I'm not lookmg for an Academy Award but this is ridiculous! Thank You, Kelley Avant 0273I/2020 Send Business'ebuttal Responseto Consumer 01729/2020 Received Business'ebuttalResponse I'm sorry but due to privacy issues I can not fully comment on the tennats complaints. I will say however, that the tennat under Kelly's unit are hawng an extremely difficult time with her living above tern. I will also say that my attempts to get everyone to sit down together in a room to work this out is not acceptable to the complaintant. The compalintant is being neither reasonable nor does it seem that she is actually looking to resolve this matter. 0 I/29/2020 Forward Consumer Rebuttal toBusiness 01/28/2020 ReOpen the Complaint to Busmess s Consu Respon me se Thank You for your response to my complaint.The issue has not been resolved at this time. It is now )anuary 23,2020. I have read Mr. Katz'esponse, it is not accurate what he has stated. The water does turn off while showering. Since my complaint it has happened to my daughter as well. We walk out of the back door; and to "mock us", the down stairs neighbor shower is running as they are laughing. Although Mr. Katz, has stated it is not possible for the water to be turned off only to our unit, while showering, only after my complaint now the kitchen sink is being turned off while we wash the dishes. I will tell you honestly, after I yell into the sink, "B*tch turn the water on!" Amazingiy the water is instantly turned back on. The only thing wrong with the pipes...is that someone,(and you can clearly hear them turning the valve)is wrong with the pipes! We complain...we get the water turned off...we complain the water temperature gets hotter...so I can only choose to keep teging you this problem has not and will not be fixed until I stop complaining; so since I am being treated this way regardless of what I choose to do. This is his way of control...but he hasn't figured it out that this (false since r Rebuttal of control, turning off the water,changing the water temperature) is only a pseudo fix to this behavior of "shut your mouth." So, no the water issue is still happening. You would think a business man would care more about his business than making a point. I told him the neighbor downstairs follows our foot-steps throughout the apartment...we walk into the kitchen she turns her water on...we walk into the bathroom, she turns her water on...we walk into the bedrooms, she hits the walls...we wash the dishes she hits the floor by the sink...I told Mar Katz this behavior is happening. Each time I have spoken to him about the behavior...the neighbor has added a new behavior. There is nothing we can do about her unstable behavior...but she only has this behavior after I complain to Mr. Mark Katz. I refuse to talk to the neighbor, Mr. Katz wants the neighbor and I to have a meeting to resolve the problem...are finally understanding the compiamt.,.(WHAT PROBLEM?) if this isn't happening! What would we have to talk about if nothing is happening and all this water turmng off isn't happening? Please help. This behavior is not normal and the business conduct is that of a Slum Lord. Thank You, Kelley Avant 0172072020 Case closed - ASSUMED RESOLVED 0I/20/2020 Inform Business - Case Closed ASSUMED RESOLVED 0172072020 No Consumer Response- Assumed Resolved with Letter 0 I70972020 Forward Business response toConsumer 01/0372020 Receive Business Response There have been on-going issues we are deahng with concerning this tenant I have spoken with her about the water issue. SHe claims the people below her are listening for when she or her daughter go to take a shaower and then they are turning on and off their shower to change the water temperature in the compiaintants unit We have had this checked and it is not happening. Nobody is turning her water off (it is not possible to turn off her water without turning off the entire building). We are however looking to repipe the proeprty Whether this will have any affect on the complaints is yet to be seen. 0I/03/2020 Reminder of Dispute to BusinessMember htlps://senjose.app.bbb.org/complaint/view/745104/b/70b6c4 2/3 1/1 8/2021 01/03/2020 Consumer - Have You Heard From the Company 01/03/2020 No response to first notice tomember Send Acknowledgement to Consumer https.//san/ose.app.bbb.org/complaint/view/745104/b/70b6c4 Notify Business of Dispute- Member Complaint Response Date bumped because: Holiday 12/09/2019 Case Reviewed by BBB - Member 12/06/2019 Case Received by BBB (~Les ) Case Description: Have asked Mark Katz to fix the water temperature several times. My family and I are being scalded by the water daily. H20 shuts off while showenng. I have asked CM Property Management (Mark Katz) and Sam (agent) to please fix the water temperature several times. The water is scolding my family and I daily. The more I complain the hotter the water temperature gets. The water also turns off while I am showering, but it doesn't happen to my family. CM Property Management refuses to tell us where the water valves are located on the property. The Campbeil Police have advised us that we have a nght to know where the valves are located. This water flow being turned off while showering and water temperature ( very hot!) is not acceptable living standards. Please ask CM Property Management why they refuse to fix the issue with the water. Extra Detailed Info Date of last interaction with business. 12/03/2019 BBB Designated Category: Customer Service Issues Case opened date; 12/09/2019 Case closed date: 02/27/2020 Desired Resolution: Repair: Please fix the water temperature of the water flow to apartment at 475 Dover Way unit S 18. The water shuts off while I am showering. I am asking for your assistance for the person(s) to stop turning off the water while I am showering it is a sexual assault in my bathroom nightly that someone would have access to me while I am naked and exposed. Please obtain who is violating me with a sexual assault while I am showenng...since no one is suppose to have access to the water valves. (~Less Internal Casee; Optional: You may download a copy of this complaint so you can print it for your records Once you have submitted your response, you can download a copy of this complaint including your response by clicking the link above. hitps.//saniose.app.bbb.org/complaint/view/745104/b/70b6c4 3/3 Avant v. Katz County Superior Court, Case No. 21CH009798 Opposition to Motion for Restraining Order Exhibit E vant . at ount peri ourt, a o. 00 pposit oti est n r e xhibi Mark Katz From: Sent: To: Subject: Hunter Avant & hwhynotu@g mail.corn & Thursday, July 16, 2020 11:41 AM Mark Katz Re: Neighbor is listening to me PEE Again! The door was open last night and the lights were on... your efforts are not improving. Tell your ghost friends to stop hitting the walls and floor. Thank You. On Thu, Jul 16, 2020, 11:31 AM Hunter Avant &hwhvnotu@amaikcom& wrote: Next time I will cag the ghost busters On Thu, Jul 16, 2020, 11:30 AM Hunter Avant &hwhvnotu@emaikcom& wrote: Then those ghost are very noisy! On Thu, Jul 16, 2020, 11:05 AM Mark Katz &mark@cmomi.corn& wrote: Unit 2 is below your unit. That unit is currently vacant. From: Hunter Avant &hwhvnotu@emaikcom& Sent: Thursday, July 16, 2020 10:38 AM To: Mark Katz &mark@cmomi.corn& Subject: Re: Neighbor is listening to me PEE Again! Funny l watched her mother come out of the apartment and throw away the trash this morning! So that's not true...she walked to the trash cans with her dog and walked down the driveway in the back towards the fence. You always have an excuse for your friends. On Thu, Jul 16, 2020, 9:55 AM Mark Katz &mark@cmomi.corn& wrote: Hi Kelly: Thank you for your email, however, the downstairs unit is currently vacant. There is nobody under you. Mark From: Hunter Avant &hwhvnotu@amaikcom& Sent: Thursday, July 16, 2020 8:33 AM To: Mark Katz &mark@cmomi.corn& Subject: Re; Neighbor is listening to me PEE Again! There hitting the walls again this morning. Just now. On Wed, Jul 15, 2020, 5:23 PM Hunter Avant &hwhvnotu@amaikcom& wrote: Mr.Katz, this is Hunter Avant i live at 475 Dover Way apartment ¹18. For several days the downstairs neighbor is hitting my bedroom wall again. I was using the bathroom a few minutes ago and the neighbor started hitting the floor by the toilet again. I know they like to hear us PEE! And do disgusting behavior and since they follow your lead...tell them to stop!. Whatever your personal problem is with my mother and whatever the neighbor's personal problem is with us, conduct your business and leave personal feelings out of this. I am 18 yrs. old and am being harassed by emotionally unstable people. Thank You, Hunter Avant. I am Kelley Avant's daughter. Avant v. Katz County Superior Court, Case No. 21CH009798 Opposition to Motion for Restraining Order Exhibit F vant . at ount peri ourt, a o. 00 pposit oti est n r e xhibi Mark Katz From: Sent: To: Subject: Hunter Avant &hwhynotuOgmail.corn& Wednesday, December 9, 2020 1:16 PM Mark Katz Re: Collect your paperwork See you in court Mr. Katz On Wed, Dec 9, 2020, 6:15 PM Mark Katz &mark@cmomi.corn& wrote: Funny, the people below you have been out of the unit for over a week now. From: Hunter Avant &hwhvnotuteamail.corn& Sent: Wednesday, December 9, 2020 1:12 PM To: Mark Katz &mark@cmomi.corn& Subject: Re: Collect your paperwork When she stops hitting the walls On Wed, Dec 9, 2020, 6:12 PM Mark Katz &mark@cmomi.corn& wrote: Make sure the music is turned down. Thank you. From: Hunter Avant &hwhvnotutBemail.corn& Sent: Wednesday, December 9, 2020 1:08 PM To: Mark Katz &markCScmomi.corn& Subject: Collect your paperwork BBB case¹745104 Campbell Police Incident Case ¹ 19-173-0596 I have hard copies of all emails upon your request Kelley Avant 475 Dover Way ¹18 Campbell, California 95008 (408)583-7680 over a #5i é E g g i ampbel , ali é E s -7 E, Avant v. Katz County Superior Court, Case No. 21CH009798 Opposition to Motion for Restraining Order Exhibit G vant . at ount peri ourt, a o. 00 pposit oti est n r xhibi Mark Katz From: Sent: To: Hunter Avant & hwhynotu@g mail.corn & Monday, December 28, 2020 8:04 AM Mark Katz Since December 5, 2020 When you came to the apartment said it was my fault the neighbor moved due to Section 27. You returned 3 days later and gave me a Three-Day notice on the 8th of December regarding Section 27; You have had your construction workers banging of the walls, scratching in my daughter's closet, slamming doors, standing under my bathroom window coughing as I use the bathroom, making all the same noises the neighbor that moved made for over a year. Since December 9th, 2020 to present day December 28, 2020. "Funny" the neighbor has moved but the same hitting of walls and ceiling and slamming of doors and noises hasn't changed. Exactly when will your retaliatory blame game construction as an excuse stop? I look forward to your response in regards to this matter Mr. Katz. Kelley Avant 475 Dover Way ff18 Campbell, California 95008 Avant v. Katz County Superior Court, Case No. 21CH009798 Opposition to Motion for Restraining Order Exhibit H vant . at ount peri ourt, a o. 00 pposit oti est n r e xhibi Mark Katz From: Sent: To: Subject: Jose I Monday, January 18, 2021 9:54 PM Mark Katz Re; 475 Dover ¹2 - Reason For Moving Out of the Property Hi Mark, The reason I moved out was due to the tenants that lived above me. Since the day I moved in, there was loud music coming from the room directly above ours. The first week I thought it might just be a celebration of sorts but it continued everyday from 7:30am till around 2 or 3am the next morning. The volume was loud enough to feel the bass. After seeing at least one tenant walking to the trash with a bat and hearing how she became verbally aggressive when the police responded to a noise complaint I didn't feel it was a safe environment for my family. The woman there had also hit the floor with something hard and yelled through the walls. On Mon, Jan 18, 2021 at 3:00 pM Mark Katz &markCmcmomi.corn& wrote: Hi Jose: Would you please be kind enough to give a detailed explanation of the reason(s) why you moved out of 475 Dover way after living at the property for only a few months. Thank you. Mark Katz BRF001304203 CM Property Management inc. 2034 Woodard Road San Jose, CA 95124 (408) 377-2676 www.cmomi.corn Avant v. Katz County Superior Court, Case No. 21CH009798 Opposition to Motion for Restraining Order Exhibit I vant . at ount peri ourt, a 0. 00 pposit oti est n r xhibi From: Sent: To: Cc: Subject: Mark Katz &mark@cmpmj.corn& Saturday, February 6, 2021 8:56 AM Anna ~'- 'oni CMPku - Avani vs Katz - 475 Dover Way From: Jon 'ent:Thursday, March 12, 2020 3:39 PM To: Mark Katz &markCdcmpmi.corn& Cc: Sam LaPlaca III &SamLScmpmi.corn&; Anna Subject: Re: Notice of intent to vacate 375 Dover Way, Apt. 2 Reaching out again. How would you like to proceed? On Wed, Mar 11, 2020 at 12:21 PM Jon I Sam 8 Mark, I'm writing to let you know that we intend to vacate the apartment by the end of the month. The situation with ¹18 has become so stressful that we are all starting to experience severe anxiety and trauma related issues. This last weekend ¹18 was screaming that she was going to burn the place down and start "cutting people" because she knows someone is messing with her water pressure. To be completely honest, due to her unstable mental state, I don't doubt she would do something like that. She was going absolutely nuts! My kids have already experienced one major fire here. They are terrified and have had problems sleeping since then. This is just unacceptable and I can no longer allow my family to live under these conditions. My hope is that you will shorten the 30-day period to the end of the month and allow us to be out on April 1st due to the situation. Can you please respond and let me know if that is possible and how you would like to proceed? I'l have a written notice in the mail or dropped off at your office by the end of the day if necessary. Thank you, Jon I Avant v. Eatz County Superior Court, Case No. 21CH009798 Opposition to Motion for Restraining Order Exhibit J vam‘ Kat ount peri ourt, a o. 00 pposit oti est n r e xhibi Mark Katz From: Sent: To: Subject: K. Avant & kwhynotu@gmail.corn & Wednesday, June 24, 2020 12:29 PM Mark Katz Re: Your performance Mr. Katz, I did not refuse to identify your tenants that are harassing me and my family. I don't want to entertain you, The same tenants you stated to Better Business Bureau that you wanted me to sit in a room with, that stalk me and listen to me pee,etc,etc,etc,these are the same people you stood at the back door on June 23, 2020 and defended, I am busy and don't have time to entertain your oblivious attitude. Have a nice day. Kelley Avant 475 Dover Way tf18 Campbell, CA 95008 On Wednesday, June 24, 2020, Mark Katz &markCBcmomi.corn& wrote: Hi Kelly: Thank you for your email. Yesterday I asked you to please identify the people who are harassing you. You refused. I will ask you again to please let me know specifically who is bothering you so that I can address your concerns with them, hear what they have to say, and decide on what action might need to be taken. I look forward to hearing back from you. Mark From: K. Avant &kwhvnotuteamail.corn& Sent: Wednesday, June 24, 2020 1:19 AM To: Mark Katz &markC8cmomi.corn& Subject: Your performance June 23, 2020 CM Property Management INC. 2034 Woodard Rd. San Jose. CA 99124 Dear Mr. Katz, RE: illustration of harassment on property (Offens!ve Poster?) For quite sometime I have informed you that I was being harassed by your other tenants that resident 475 Dover Wav. Campbell. CA. 95008. I have had several conversations with you about their behaviors towards me and my children. You have dismissed my complaints. In your letter dated June 22, 2020; you asked for the tenants to contact you confidentially about poster that you deemed offensive. I posted the stalking and harassment posters by my neighbors up and down the street from Bascom Ave to Hamilton Ave.. Because when I tell you about their offensive behavior you laugh it off and make little jokes as if I'm kidding with you about my safety in regards to your tenants behaviors. For some reason you don't take me seriously. I know that at this time in America the Negro's life isn't of value to take any concern with, but I beg to differ. You spoke to me at my back door on June 23, 2020 as if you had no idea what I was saying to you about being harassed by the other tenants. Let's refer back to December 2019; that's the earliest date of written correspondence in regards to you being informed by the Better Business Bureau about my complaints BBB Case ¹745104 about the harassment by the other tenants. Your response was received by the BBB on January 3,2020 (your response) There have been on-going issues we are dealing with concerning this tenant I have spoken with her about the water issue. She claims..., and you know the rest of your response. But yet within that responses Mr. Katz, you deny the offense against me. Again January 29, 2020 (your response) to the BBB: I'm sorry but due to privacy issues I can not fully comment on the tenants complaints. I will say however, that the tenant under Kelly's unit are having an extremely hard time with her living above tern(your miss spelling) I will also say that my attempts to get everyone to sit down together in a room to work this out is not acceptable not the compalintant (your spelling) is being neither reasonable nor does it seem that she is actually looking to resolve this matter. You again Mr. Katz acknowledge the other tenants complaint, but refuse to acknowledge mine. As a Negro I am quite use to this behavior, I'm not inferring anything Mr. Katz, I'e said it! Your miraculous feelings of being offended is quite comical if it weren't in jest of my civil rights being taken down and removed as what? punishment for fighting back? You don't acknowledge me being offended at anytime by your tenants; yet you come to the back door with a bellowing voice of dismay of how offended you are by my hand drawn Illustration of the offensives going on around me daily. Your performance for your other tenants to see you defend them was well....not quite Oscar performing, but they appreciated your defense of them. I have spoken with the Santa Clara County District Attorneys Office, the San Jose Police Department, the Campbell Police Department (they really seem to support you! Just in case you didn't know) and the BBB about this on-going harassment. I don't have anything to say to your tenant that likes to hear me pee...and then follows my foot steps through-out the apartment (that behavior is disgusting) I don't have anything to say to your tenant that likes to play jack-in-the-box and comes out of his door (every time) I step out of the back door. I have many recordings of him doing this behavior. You weren't offended not once when I told you what your tenants were doing to me. But when I drew an illustration of their behavior..."Oh! How dare she draw how she sees us!." Your letter asked that we contact you confidentially...l know that didn't include me, but I wanted to give you more ammunition against me without having you to search for it too hard. Kelley Avant 475 Dover Wav ¹18 Campbell .CA 95008 Acceptance is a hard thing to do. But it is necessary for the future to move forward. Although the future does not include me in it. I am done with my assignment. I have spoken to a select few who have understood my fight. I am guilt free of whom has rejected my work, and fondly appreciate the time those who have given me to express the message within. I have worked hard to imagine the people whom I would encounter to be of one mind in the fight you all have ahead. I have lost a son along the way. So understand the message can be rejected by even the chosen few. The fight is hard I wont lie. If you choose to reject the true teachings of Christ Jesus then we will never meet again. I am not in a battle, my grey hair and time as rendered it's space around me. I can't reach the outside of my space anymore because the men and their women have come against me in horrible ways, that you can't imagine. Their fear has driven them beyond the space I was allowed. A great divide has come and I can not help anymore, although my heart longs to see your victory. I was a cheerleader in my youth. I screamed for the team victory at all the games I attended. But, I fear this is mistaken for a game. I can see the trouble in your eyes. I can feel the trouble in your hearts. But I am not allowed to participate in your lives any longer. Don't look for me. I wont be there. I have grieved the loss of my son Chieyne. I have protected him for 25years. And like him, I have to let you go to. My love for all of you who have heard my voice, my true voice...l will miss you most of all. Be blessed in your battles ahead, and know I have left my sword for any who needs it. My youth has left me.But my strength has increased, you know where to find it, all those who really ever loved me. Be well, Kelley Avant Acceptance is a hard thing to do. But it is necessary for the future to move forward. Although the future does not include me in it. I am done with my assignment. I have spoken to a select few who have understood my fight. I am guilt free of whom has rejected my work, and fondly appreciate the time those who have given me to express the message within. I have worked hard to imagine the people whom I would encounter to be of one mind in the fight you all have ahead. I have lost a son along the way. So understand the message can be rejected by even the chosen few. The fight is hard I wont lie. If you choose to reject the true teachings of Christ Jesus then we will never meet again. I am not in a 3 battle, my grey hair and time as rendered it's space around me. I can't reach the outside of my space anymore because the men and their women have come against me in horrible ways, that you can't imagine. Their fear has driven them beyond the space I was allowed. A great divide has come and I can not help anymore, although my heart longs to see your victory. I was a cheerleader in my youth. I screamed for the team victory at all the games I attended. But, I fear this is mistaken fora game. I can see the trouble in your eyes. I can feel the trouble in your hearts. But I am not allowed to participate in your lives any longer. Don't look for me. I wont be there. I have grieved the loss of my son Chieyne. I have protected him for 25years. And like him, I have to let you go to. My love for all of you who have heard my voice, my true voice...l will miss you most of all. Be blessed in your battles ahead, and know I have left my sword for any who needs it. My youth has left me. But my strength has increased, you know where to find it, all those who really ever loved me. Be well, Kelley Avant Andrew V. Steams, SBN 164849 Gaurav D. Sharma, SBN 269123 ROBARDS egI STEARNS, PC Twin Parks 718 University Avenue, Suite 216 Los Gatos, CA 95032 4 Telephone: (408) 214-6432 Facsimile: (408) 560-9592 Attorneys for defendant: MARK KATZ 10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 13 I KELLEY AVANT, 17 '8 19 14, 15 MARK KATZ, Plaintiff Defendant. ) Case No. 21CH009798 ) ) DECLARATION OF ERIC DOLLAR IN ) OPPOSITION TO RESTRAINING ) ORDER ) ) ) ) Complaint Filed: January 6, 2021 ) ) ) ) ) ) 20 I, ERIC DOLLAR, declare as follows: 1. I am over 18 years ofage, and the on-site apartment manager for the apartment complex ocated at 475 Dover Way, Campbell, California and if called as a witness I could testify :ompetently to the following ofmy personal knowledge. 2. I have been the manager for the apartment complex for approximately 17 years. My primary ob duties are maintenance, but at times I have to address other issues such as noise complaints. 3. Kelley Avant and her two children live in unit 18 which is a second floor unit which exterior wall is on the driveway side of the property. The unit has the bathroom window facing the driveway. fhe window is a very small frosted window located at the top of the shower enclosure. It would be Paae I DECLARATION OF ERIC DOLLAR 1 .mpossible to look inside the shower window. It would also be impossible to know ifanyone was 2:aking a shower on the second story if standing on the driveway at the exterior wall. 3 i 4. Avant attached racist posters outside ofher unit and in the parking space of unit 4. 4 5. Mark A. is the tenant in unit 4. Mark is one of two tenants who have motorcycles, but the 5 &ther tenant just started riding his motorcycle a few weeks ago. 6. When Avant's children take the garbage out, they take a baseball bat with them 9 Ion does and I let him know that the music needs to be turned down and to tell his mother that. I 10 i ave heard music as late at 4:00 a.m. 11 8. There is no means of turning off the water to one unit. It must be shut down for the entire 6 7 7. There is excessively loud music Irom Avant's unit at all hours of the day and night. I have 8 gone to her unit to request that it be tumed down numerous times. Avant never answers the door. Her 12:omplex. 13 9. On December 19, 2020, one of the units needed a shower repair. I posted notice of the shut 14 (ffon the mailboxes, the laundry room door, the garbage cans and three more places in the common I 15 walk areas 48 hours before the work was to be performed. The water was off for approximately 2-3 16 Tours. 17 ( 10. The plumber installed the shower valve upside down and had to return to fix it. That 18 occutred on January 2, 2021. I was not present that day and had forgotten to post notice 48 hours 19 2efore as I usually do and do not know what notice the plumber provided to the residents, ifany. The 20 water would not have been offany longer than it took to do the original work. 21 11. One time I was called to fix a drain in Avant's unit. After I was let in Avant went on a tirade 22 Tbout Mark A. (unit 4) making noise with his motorcycle as a signal to someone to do something 23 when her daughter was taking a shower. She did not tell me what the signal was for and to whom it 24 was made. Avant said Mark A. was spying on her daughter. She stated that the people in the 25,lownstairs unit have some sort ofvalve so they can turn offher water. No such valve exists. Avant j 26 stated people were targeting her, but would not tell me who. She stated that I never take care ofher 27:omplaints. I am generally there within a couple ofminutes as I live in the complex. It was very 78 Iisturbing to be yelled at about these things that made no sense. Pic 2 DECLARATION OF ERIC DOLLAR 1 12. The tenant in the unit just below Avant recently left amid complaints ofnoise. They 2:omplained to me that in addition to the music if they made any noise or their baby cried, Avant 3 gould jump up and down on the floor and scream and yell at them through the ceiling. They left 4 '1er approximately three months. 5 13. Plaintiff has complained about a mystery valve in the downstairs unit that allows the 6 fownstairs neighbor to turn Avant's water on or off and to adjust the temperature. There is no such 7 ~~Rive in the bottom unit or any other unit in the complex. 8 14. Plaintiffhas also complained about the tenants in the downstairs unit hitting the ceiling. I 9 Tave not seen any indication of the ceiling below PlaintifPs unit having been hit, such as marks from 10 3 broom handle or anything else. 11 I declare under penalty ofperjury under the laws of the State of California that the foregoing is 12 rue and correct. Executed on February 3, 2021 in Campbell, California. 13 15 16 ERIC DOLLAR 19 20 22 23 24 26 27 Pace 3 DECLARATION OF ERIC DOLLAR Andrew V. Stearns, SBN 164849 Gaurav D. Sharma, SBN 269123 2 ROBARDS & STEARNS, PC Twin Parks 718 University Avenue, Suite 216 Los Gatos, CA 95032 Telephone: (408) 214-6432 Facsimile: (408) 560-9592 ASteams(kRobardsStearns.corn GSharmaQRobards S teams.corn Attorneys for defendant: MARK KATZ 10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 13 14 KELLEY AVANT, 17 18 19 15 MARK KATZ, Plaintiff, Defendant. ) Case No. 21CH009798 ) ) DECLARATION OF MARK AGUILAR, ) JR. IN OPPOSITION TO ) RESTRAINING ORDER ) ) ) ) Complaint Filed: January 6, 2021 ) ) ) ) ) ) 20 I, MARK AGUILAR, SR., declare as follows: 1. I am over 18 years of age, not a party to this action and if called as a witness I could testify competently to the following ofmy personal knowledge. 2. I reside at 475 Dover Way, Apartment 4, Campbell, California. I have lived there for four 24 years. 3. The tenant in Apartment 18, Kelley Avant, in our complex draws pictures targeting me and other tenants and my guests. The drawings are posted all around the complex and contain racial hatred pictures and words. 28 4. Ms. Avant has loitered outside my back door with a bat making me feel intimidated and Pace I DECLARATION OF MARK AGUILAR, SR. I threatened. I questioned her about her intentions and she responded, "it's not a bat, it's a stick and 2 it's for you." In response, I asked what I ever did to her and she responded that I was supposedly 3 harassing her which I have never done and I rarely speak to her. 4 5. Her children take a bat with them when they take out the trash. 5 6. Ms. Avant attempted to run me off the driveway when I was on my motorcycle and I had to 6 swerve out of the way. I got off my motorcycle and she want back around the complex again to run 7 me over. She stopped short of the motorcycle and then yelling obscenities at me. 8 7. I have heard Ms. Avant call Dennis G. in Apartment 6 "The Enemy." 9 8. Ms. Avant attempts to scare me with an air horn and squeeky toys. 10 9. Ms. Avant has been harassing me since the day she moved in. When she looks at me, she 11 looks like she wants to kill me. 12 10. Ms. Avant has no consideration for other tenants with constant loudness at all 13 hours of the night. 14 11. Ms. Avant has called the police on one of the other tenants saying they harassed 15 her when Ms. Avant had not met the tenant. That was Ms. Chacon. 16 12. Ms. Avant makes me feel uncomfortable and feel threatened. 17 I declare under penalty ofperjury under the laws of the State of California that the foregoing 18 is true and correct. Executed on February 12, 2021 in Campbell, California. 19 20 21 22 K ,SR 23 24 25 26 27 Pace 2 DECLARATION OF MARK AGUILAR, SR Andrew V. Steams, SBN 164849 Gaurav D. Sharma, SBN 269123 ROBARDS & STEARNS, PC Twin Parks 718 University Avenue, Suite 216 Los Gatos, CA 95032 Telephone: (408) 214-6432 Facsimile: (408) 560-9592 AStearnsQRobardsStearns.corn GShatmaQRobardsStearns.corn Attorneys for defendant: MARK KATZ 10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 13 14 KELLEY AVANT, 17 18 19 15 MARK KATZ, Plaintiff, Defendant. ) Case No. 21CH009798 ) ) DECLARATION OF STEPHANK ) CHACON IN OPPOSITION TO ) RESTRAINING ORDER ) ) ) ) Complaint Filed: January 6, 2021 ) ) ) ) ) ) 20 I, STEPHANIE CHACON, declare as follows: l. I am over 18 years of age, not a party to this action and if called as a witness I could testify competently to the following ofmy personal knowledge. 2. I reside at 475 Dover Way, Apartment 3, Campbell, California. 3. The tenant in Apartment 18, Kelley Avant, in our complex has been a nuisance since she started living there. 4. While people in the complex keep their privacy, they had always said "Hello" in passing each other. Ms. Avant and her children do not. 78 5. Apartment 18 is over Apartment 2 and my Apartment 3 shares walls with Apartment 2. Paec I DECLARATION OF STEPHANIE CHACON I 6. There have been two tenants that have moved out since Ms. Avant has lived there. Both had 2 complained to me that it was about the noise from Mr. Avant upstairs. 3 7. I can hear Ms. Avant playing loud music at all hours, hitting the walls and stomping on the 4 floor Irom my Apartment. If the persons in Apartment 2 were making noise I would hear it also. 5 When I hear Ms. Avant, it is not after I have heard loud noises from Apartment 2. 6 8. Ms. Avant always complains about her downstairs neighbors turning off her water, listening 7 to her going to pee and making noise. 8 9. Ms. Avant is constantly yelling and banging on the floor and walls for no apparent reason. 9 10. Ms. Avant has put up signs for long periods of time on a staircase that are 10 discriminatory and contain racist statements. 11 11. When we are outside our units, Ms. Avant will stand in front of her unit and stare 12 at my family and me to make us feel uncomfortable. If my children are playing on the steps and she 13 is going to go up or down them, instead of asking my children to please move or say excuse me, can 14 I use the stairs, she stares at them until they leave. 15 12. When my children or I are coming back to the Apartment after doing laundry or 16 putting out the garbage, Ms. Avant will stare at us. It makes us uncomfortable. 17 13. Ms. Avant has had the police come out several times on the neighbors when there 18 is nothing going on with the neighbors. 19 I declare under penalty ofperjury under the laws of the State of California that the foregoing 20 is true and correct. Executed on February 12, 2021 in Campbell, California. 21 22 23 24 NEPHA14&CHACON 25 26 27 Pace 2 DECLARATION OF STEPHANIE CHACON Andrew V. Stearns, SBN 164849 Gaurav D. Sharma, SBN 269123 ROBARDS & STEARNS, PC Twin Parks 718 University Avenue, Suite 216 Los Gatos, CA 95032 4 Telephone: (408) 214-6432 Facsimile: (408) 560-9592 AStearnsSRobardsStearns.corn GSharma RobardsStearns.corn Attorneys for defendant: MARK KATZ 10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 13 14 KELLEY AVANT, 17 18 19 15 MARK KATZ, Plaintiff, Defendant. ) Case No. 21CH009798 ) ) DECLARATION OF DENNIS GRISBY ) IN OPPOSITION TO RESTRAINING ) ORDER ) ) ) ) Complaint Filed: January 6, 2021 ) ) ) ) ) ) 20 I, DENNIS GRISBY, declare as follows: l. I am over 18 years of age, not a party to this action and if called as a witness I could testify competently to the following ofmy personal knowledge. 2. I reside at 475 Dover Way, Apartment 6, Campbell, California. I have lived there since February 6, 2018. 3. The tenant in Apartment 18, Kelley Avant, in our complex has been a nuisance since she started living there. 4. I have seen Ms. Avant go to the garbage cans and she carries a baseball bat. 5. She refers to me as "The Enemy." I have no idea why, but when she was outside with her 78 Pace I DECLARATION OF DENNIS GRISBY I children riding hikes and I was the only other person out there, she kept yelling at them "Watch the 2 Enemy, he is right in front of you." 3 6. Ms. Avant has put racist posters up referring to Mark Aguilar. 4 7. I do not feel safe with Ms. Avant or her children around. I feel threatened. I am scarred of her 5 because I do not know what she will do next. Neighbors feel the same way. 6 8. She appears to pick on the neighbors and then say the neighbors are doing the things that she 7 is actually doing. 8 I declare under penalty ofperjury under the laws of the State of California that the foregoing 9 is true and correct. Executed on February 10, 2021 in Campbell, California. 10 12 13 g/pA.Q DENMS GRISBY 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Pace 2 DECLARATION OF DENNIS GRISBY CASE NAME: VENUE: ACTION NO.: Avant v. Katz Santa Clara County Superior Court 21CH009798 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA I am a citizen of the United States. My business address is 718 University Avenue, Suite 216, Los Gatos, California 95032. I am employed in the County of Santa Clara where this service occurs. I am over the age of 18 years and not a party to the within action or cause. I am readily familiar with my employer's normal business practice for collection and processing of documents for mailing with the U.S. Postal Service, and that practice is that documents are deposited with the U.S. Postal Services the same day as the day of collection in the ordinary course of business. On the date set forth below, following ordinary business practice, I served the foregoing document(s) described as: RESPONSE TO REQUEST FOR CIVIL HARASSMENT RESTRAINING ORDERS on said date at my place of business, a true copy thereof, on the following parties by enclosing said copies in a sealed envelope in the ordinary course of business, addressed to the parties as follow Kelley Avant 475 Dover Way, Apt. i8 Campbell, CA 95008 Pro Per H (BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in the U.S. mail in Los Gatos, California. (BY EMAIL) I caused such documents to be delivered by email this date to the offices of the addressee(s), to the email address noted herein. (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date to the offices of the addressee(s). (BY OVERNIGHT DELIVERY) I caused such envelope(s) to be delivered to an overnight delivery carrier with delivery fees provide for, addressed to the person(s) on whom it is to be served. H (STATE) I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct. Executed on February 12, 2021 in Los Gatos, California ANDREW V. STEARNS