Request Restraining Order

Cal. Super. - 6th Dist.January 12, 2021

Request for Civil Harassment Restrainin Orders Read Can u Civil Harassment Restraining Order Help Me? (form CH-100- INFO) before completing this form. Also fill out Confidential CLETS Information (form CLETS-OOI) with as much information as you know. Person Seeking Protection a. Y ur Full N e: V ,A Age:.___.__ Your Lawyer (ifyou have onefor this case) Name: State Bar No.: _._____._ Firm Name: b. Your Address (lfyou have a lawyer, give your lawyer 's information. Ifyou do not have a lawyer and want to keep your Clerk stamps date here when form is filed. Cle f t e Court Superior C of unty of Santa Clara BY DEPUTY Fill in court name end street address: FILED JAN 1 2 2021 SupedorcCourt of Callfomla, County of Santa Clara 191 N. First Street 191 N. First Street San Jose, CA 95113 Civil Courthouse- DTS home address private, you may give a diflerent mailing address instead. You do not have to give telephone, fax, or e-mail.) Court fills in case number when form is 579d. Address: go - - Case Nunflet. c H 0 City: StaterZipzw o 98 1 1 Telephone: FaX' E-Mail Address: Person From Whom Protection ls Sought Full Name: Igfll‘ U 11‘ k0V Agc; Address (ifknawn): é‘ § V - t City: r ‘ State: CA Zip: C? L10 7.3 G) Additional Protected Persons a. Are you asking for protection for anysother famin or household members? Yes 0N0 ”yes, list them: F_a__m__ull N Lives with you? ?{on relgtgg t9 xgu?Lfifaves Duo wif’c: Yes D No D Yes D No D Yes D No D Check here ifthere are more persons. Attach a sheet ofpaper and write "Attachment 3a-Additional Protected Persons "for a title. You may useform MC-025, Attachment. b. Why do these people need protection? (Explain below): D Check here ifthere is not enough spacefor your answer. Put your complete answer on the attached sheet 0f paper orform C-025 and write “Attachment 3b-Why hers Need Protection "for a title. K0 ot/ c [/v aSSQV/Tfi Jane Q3 yfl¥ a3 M xseéf’ [CK H' also 101 {Area‘l‘fned ADZ‘A o US, all g'defi 113‘er oK/ygmall/y +hr Iqor‘ bra no‘l Sl‘erl ?’Lwo ETC kg ng nST Me. f) Were there any injuries during abuse in the past three months? YES D NO If“Y S".describezlassgmcg ”(raga afracjt as; Air‘fch/n 7a(3). [6‘ ‘ ‘ a_g Faface p/ g cud(C. , IflJUf‘IL I I ‘ v 9r ) ' ho e er ‘/‘ UT 1 cao“N c es face g) Did the police come to any of these recent events? fiYES D NO h) Did they give you an Emergency Protective Order for abuse in the past three months? D YES flNO If “YES", please attach a copy. i) ls the person you want to restrain in jail right now for violence against you? DYEs fiNo If"YES".where: .‘ j) Has the person you want restrained ever been in jail for violence against you or your ychildren? EYES NNO If"YES”,when: S/n Describe what the person did to you or your children that caused them to go to jail: CH-100, Item 73(3) - DESCRIBE HARASSMENT Page knees 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CASE NAME:§‘0€4S€a”d k0 {i 6’0 t/ CASE #: 210H009811 LastName LastName k) Do you have a criminal protective order (restraining order from criminal court)? D YES m0 If “YES", please attach a copy. I) Describe the worst abuse and when it happened: XThe most recent abuse i_§ the worst abuse OR D The worst abuse was (approximate date) and the person l want a restraining order against (describe what mey aid to you): m) Describe any other previous (past) violence or threats of violence that you haven’t already written about here (include dates or estimates as to when it happened): CH-100, Item 7a(3) - DESCRIBE HARASSMENT Page Restraining Order filing, Wednesday, December 23, 2020 CH-100, Item 70(3) -DE$CRIBE HARASSMENT d) In the past three months, what did the person do or say that made you afraid (please start with the most recent event and explain exactly what happened in detail, include dates and times): ++++++++++++++++ On Nov 28, Saturday, a little after 4:30pm, my wife, Jane Sinense, arrived home, parked her car, left her car and proceeded to go to the ”common area” in the back of the quadplex we live in. She was |ooking for the stepping stones that Igor Kulikov had taken from our side of the front of the quadplex. We had used those stepping stones for years, and they were there before we moved here, and were here before Igor had moved here (we were here approximately a year before Igor arrived). Igor doesn’t own these stones, but he took them anyway, now we don’t have stepping stones to prevent our shoes from becoming muddy. Jane walked to the common area to the carport where Igor had put the stepping stones. Igor then issued a threat, ”You come over r from my materials, you’re gonna see what’s gonna happen!” Jane proceeded to clear the area to get to the stones, while Igor was briskly walking behind her. This is when I started fearing that he would hit and injure her. My wife yelled back, while her back was turned to him, ”Yeah, you’re gonna see what’s going to happen!” Igor yells ”Get out of here!” Jane yelled "This is all a common area, by the way!" (This is true, per the lease). Igor then yells again "Get out of here!” And then he yells ”Just get out of here!” By this time, Igor has caught up to Jane. With Jane’s back still toward Igor, Igor grabbed Jane hard on the right arm and threw her down to the ground. Igor had just attacked an older woman from behind. [Among the pictures of our injuries is a picture of a dark bruise on her upper arm where Igor had forcibly grabbed her]. l had been trying to catch up to Igor to potentially block an attack on my wife, but I was too late. Igor stood over Jane while she was slumped on the ground. Fearing that he was going to continue his attack, I got in between them and tried to push him away. It was at this point that Igor punched me repeatedly in the face. I was not interested in fighting, only protecting my wife and getting him away from her. Igor is bigger than me so he was able to punch me in the face in spite of my arms being fully stretched forward. | was not wanting to fight him at all. l could tell that my glasses had been broken and fell to the ground. He then threw me to the ground, got on top of me, continued punching my body and eventually tried to choke me. I used both of my arms to prevent his one arm from choking me out, but I was fearing that I wouldn’t be able to fend him off and then I’d go unconcious, and then he could inflict further damage on my wife. Soon, Igor started yelling something. I couldn’t tell what it was, but it sounded like ”Rova!" He apparently was calling his wife Elena out from their apartment which is right in front of where the attack was. | could hear Igor’s wife come out of the apartment and she started beating Jane. Jane, like myself, was still on the ground. As l was trying to fend off Igor from trying to choke me out and striking me, I was extremely worried that either Jane or l, or both of us, would end up seriously injured or killed. I was especially worried about my wife, who is 65 years old and was being attacked by two much younger, stronger people. While Igor was attacking me and I was defending myself, I yelled ”You hit her first!" referring to Igor violently throwing my wife to the ground. At various times I could sense the sounds of impacts that Elena was landing on my wife. I also was struggling with getting punched and choked out. Igor was also pushing my face into the rough ground, which also made it difficult to breathe. Elena also kicked me several times in the back and in the butt, all while Igor was restraining me (I was still essentially in the same position I was after Igor had punched me and threw me to the ground, in a crouched position on my knees). At one point l had pulled out some pepper spray from my pocket, but Elena was able to force the pepper spray vial out of my hand before l had a chance to use it. Butl then tried to get my second vial of pepper spray, which I was successful in getting. Igor was still on top of me, his upper body a little more fowvard of and horizontal to my body. I was able to spray him in the face. This was probably after about two minutes of being attacked by both Igor and Elena. Shortly after that, after his arm released from my neck, I started yelling ”Help! Help! Help us! Help us someone! Help us someone!” Jane then yelled ”Call the police!” Igor then shouts another threat, ”Yeah, we’ll get you!” I finally managed to stand up, and Igor had two branches in his hands, brandishing them and preparing to hit me with them. I made sure to get my wife, who also was upright at this time, and we retreated. When | got inside my apartment, I called 911. My intent the whole time was to get Igor away from my wife, not to fight him. But he attacked me when I was trying to get in between them and eventually was able to pepper spray him in self-defense. We have pictures of our injuries. Jane has a large bruise on her arm where Igor grabbed her, and large bruises on her legs where Elena had struck her with a stick. Jane’s face has several scratches. Rick’s face has several marks from his face being pushed into the dirt for an extended amount of time, as well as marks from punches, and his legs have deep bloody scratches since Igor had put all of his weight on him when Rick was crouched on the rough ground. Within about 45 minutes after this incident, Jane complained of chest pain and high blood pressure. This continued through the night and at 5am, I took her to Stanford Emergency Room. The blood marker for heart attack, troponin, was extremely high, indicating a heart attack. After some tests, the doctors determined Jane had stress-induced cardiomyopathy, a direct result of the physical attack. Similar to a heart attack, the heart stops beating properly and enlarges. She was moved from the Emergency Room and admitted to the cardiac unit and remained there for a day. As of this writing, Wednesday, December 23, she still has chest pains and related fatigue. Jane is 65 years old, Igor is 53 years old and Elena is younger than Igor. ATTACHMENT 70(5) - Harm or Injury Both Rick and Jane were harmed because of Igor’s harassment/assault of November 28, 2020, Saturday. Rick sustained several punches to the head and body, the body blows injured several ribs and others areas in the upper body, Rick was also choked for a long time at the neck, he has scratches on his face when Igor pushed his face into the dirt for an extended amount of time, and he has deep scratches on his knees because Igor put all of his weight on him (Rick was in a crouched position) for an extended amount of time. Jane has a large bruise on her right upper arm where Igor grabbed her to throw her to the ground, she has several marks and scratches on her face, and bruises on her legs where lgor’s wife Elena struck her several times with a stick. Jane also sustained heart damage from the attack. At 4am the next day (Nov 29, Sunday), she complained about persistent chest pain. I took her to the Emergency Room at Stanford. She had heart damage that manifested as a heart attack; specifically her condition was stress-induced cardiomyopathy. She stayed in the emergency room at Stanford for 12 hours, and then was admitted to the cardiac unit in the regular hospital for about a day and a half before she was released. To this day, Wednesday, December 23, she has chest pains and related fatigue. We of course have the medical records for the Stanford ER visit. We have pictures of some of these injuries. Jane’s right arm; bruise immediately after the incident i Jane’s leg immediately after the incident Jane’s face the following day after the incident Rick’s face immediately after the incident fi Rick’s face immediately after the incident, side angle Rick’s legs immediately after the incident ATTACHMENT 7b - Previous Harassment 1. [threat of physical harm] On August 2, 2020, a Sunday, in the morning, Jane Sinense was taking pictures of the ”common area” in the back of our quadplex. It was a mess. The property manager in the past had used my wife's pictures to get Igor to clean up an area, or to move an inoperable vehicle that he was working on and he had left a huge mess. Jane made sure that Igor or his wife Elena were not in the area when she was taking the pictures. A half hour later, when Jane was at the composter in the garden area near our quadplex, when she turned around, Igor was six inches in front of her face. He had snuck up on her. He then yelled ”If you take another picture of my private property, I will break your phone, and then l will break your arm!!" My wife then called the police. When the police arrived and Jane told them what had happened, when the police weren’t in hearing distance, Igor said to Jane ”You don’t look so good; why don’t’ you take a pill?!?” 2. [illegal construction work, loud noises, violation of lease and public ordinance] At the beginning of August, 2020, Igor started doing noisy construction work which lasted for several months, and he was working during weekends and after 6pm on weekdays on his kitchen; It is illegal to work during these times. As we share a kitchen wall with Igor we got the full brunt of the noise he was creating. On August 2, 2020, a Sunday, when my wife called the police after Igor had made physical threats against her (that he was going to break her phone and then break her arm), a policeman noticed that Igor was doing construction work and that he needed a permit for it, and that he was supposed to stop working. After the police left, Igor’s wife Elena continued to do construction work. My wife told Elena that she was not supposed to be working but she didn’t stop. So my wife called the police a second time. When the police came back, Elena was told to stop and she did. However, when the police left this time, both |gor and Latzi Vargas (a neighbor/friend of Igor’s) re-started their work. My wife called the police a third time, and the policeman came back and issued citations to both Igor and Latzi. From this point on, both Igor and Latzi still worked many times during illegal hours (weekends and after 6pm on weekdays). It's clear from this situation that Igor doesn’t follow the rules nor obey authority. 3. [harassment involving bright lights and refusing to handle them] During late November, 2019, we had noticed that some new very bright floodlights had been put just under the roof on our side of the building. The lights were so bright that the light bounced off of cars and the driveway and went through our blinds, making it seem like it was almost daytime inside. We tried to get used to it for at least a couple of weeks, but we had too many sleepless nights and l even dozed off once at a stoplight. After emailing the property manager we determined Igor had put the bulbs there without permission from the manager. l spoke to Igor and asked that the lights be replaced with something less bright. He gave me the runaround. lthen explained to him that all of the houses on our street had either soft yellow lights in their driveways, or no lights at all. Igor could see that that was true. He explained that the trend was that these new LED lights were going to be used more often, and pointed out a Streetlight across the street that was very bright. lthen explained to him that that was a streetlight, and that it was nowhere near a bedroom window. He grew frustrated and after further discussion which turned into an argument, he childishly said ”Ask me if I’m going to take down the lights!” I then indulged him and asked him ”OK; are you going to take down the lights?” and he yelled ”No, because I don’t do work twice!” Then he slammed his front door. Later on, he started violently pounding on our front door. We opened the door and essentially Igor said ”Your precious tree is coming down!” Which leads to the following situation of harassment. 4. [Igor damaging a heritage tree that gives our apartment shade and privacy] Mountain View's City Code Chaper 32, Article ll, defines a ”Heritage Tree” as any tree that has a trunk with a circumference of forty-eight inches (48") or more measured at fifty-four inches (54") above natural grade. Multi-trunk trees are measured just below the first major trunk fork. Mountain View’s ordinance states that if you own or control real property in the City, you are responsible for maintaining and preserving all Heritage trees in a state of good health. It is against the City ordinance to willfully injure, damage, destroy, move or remove a Heritage tree unless granted a removal permit by the City. The heritage tree near our front window has base circumference of 59”, making it a heritage tree. Igor in the past had aggressively ”pruned” the tree several times and we told him to stop it, noting that the tree is the responsibility of the owner and PG&E. During September, 2019, when I came home from work, I saw that Igor and his neighbor/friend Latzi Vargas had cut off several large boughs from the heritage tree in front of our front window. This is clearly against the ordinance. After we notified the Forestry Division about this, an arborist told the property manager, Linda Wiederin, about improper pruning and that the heritage tree was not to be cut or pruned anymore. Shortly after this the property owner filed an application to have the heritage tree removed. My wife countered that application with a request that she be heard at a hearing in March, 2020, to defend the tree. Because the tree provides up to ten degrees cooler temperatures via its shade, my wife and l were very interested in preserving the tree. A straw poll done during the meeting showed a majority of the Forestry Board were in favor of leaving the heritage tree standing. The final vote will be in January 2021. The final vote will basically honor the straw poll. But in spite of both the property manager directly and the arborist indirectly telling Igor that he was not to cut the tree anymore, on April 16, 2020, Igor had cut more large branches off of the heritage tree. We saw several fresh cuts on the tree. Then on April 18, 2020, Igor cut even more branches from the tree. We called the Mountain View non-emergency phone line. Two police officers arrived. The police officers, after speaking with the property manager on the phone, were told by her that Igor was not to cut the tree. The policemen then told Igor that he was not to cut the tree. Then on November 16, 2020, my wife had noticed more new cuts on the heritage tree, a total of nine. Igor most likely made these cuts. It’s clear from this example of harassment that Igor doesn’t follow or obey the rules. 5. [parking spot harassment] Some time in 2013, Igor insisted that he possessed two parking spots when he only owned one car, and one of those two spots was actually one of our assigned parking spots as per the lease. He demanded a second parking spot for him and his fiancee, who actually came to the country one year later, and they got her a car six months after that. Igor didn’t care about anything my wife said to him and just started parking in our spot. 6. [back area harassment] Some time in 2015, Igor demanded that half of the common area in the back was ”his property,” leading to further breakdowns and disagreements. This required us to move large plants and other things of ours in the back, while we knew the whole time that per the lease, the entire back area is a common area. When we finally got it through to Igor that per the lease, and per the property manager, that the back area is a common area, when we left the area he yelled "You’re like children! You’re like children running away!” We had noticed through the years that Igor was becoming more aggressive, like getting into our personal space while lecturing us and glaring at us, pounding on our door, and yelling and cursing at us. This culminated into a physical attack on my wife and I on November 28, 2020. 7. On July 9, 2020, Jane took a picture of the mess in the back that Igor had created; there was a pile of dirt, unkempt piles of wood and other messiness. It was a general eyesore in the back. Igor had caught her taking the picture and he said ”Do you want me to be in the picture?!?!” A bit later he yelled ”You don’t do shit around here!” This isn’t true; we keep our areas neat and have improved some areas of the property, whereas Igor and his neighbor/friend Latzi have consistently left large messes in the back and sometimes in the garage/storage areas which are visible from the street. These accusations are baseless. As tenants, we are bound to obey the lease; a few points address maintenance of the property. But, as tenants, our jobs are not to do major gardening, cleaning, ”improvements," etc. These things are in fact outlawed by the lease. So for Igor to attack us on these points is inappropriate. 8. Igor has ruined several of Jane’s plants in the past. He would dig them up and move them, and when asked not to do that he would do it again. Also, Jane once wrote a note to Igor, some time during 2018, which said "In the future, DO NOT TRIM the bouganvilla, geranium or jade plants - this is the gardener’s job. Apt.#1” And lgor’s written response was ”In case you didn’t notice... I may have accidentally cought [sic] a few of those because I was cleaning up behind the garages and had a compost bin right at the spot you’re referring to. But in the future (as well as in the past), I’ll do gardener’s, handyman’s or whoever else’s job that needs to be done around here.” Igor’s response reflects his attitude that he thinks he’s the caretaker for the property, when in fact he is not. He uses this domineering attitude to get his way and do what he wants on the property, even moving and ruining other people’s property. Wednesday, December 23, 2020 CH-100, Item 70(3) - DESCRIBE HARASSMENT: m) Describe any other previous (past) violence or threats of violence that you haven’t already written about here (include dates or estimates as to when it happened): +++++++++++++++++++++++ 1. July 21, 2020, Tuesday morning. Igor made a threat to me targetting our dog. He said ”If you let your dog go in the back, you’re gonna see what’s going to happen!" | called the police, and Officer ”Ledane” responded. Igor ended up having some kind of altercation with Officer Ledane, which prompted Ledane to command Igor to give him his ID. 2. During the week of July 13, 2020. During an afternoon, when my wife Jane let our dog urinate in the back, he threatened if the dog did that again, he will call Linda (the landlord), and then he will call the city. He made this threat in spite of the fact that our dog had been relieving herself in the back area for years, even before Igor had moved here. We also maintain half of the back by mulching with straw and keeping the area clean. We also walk our dog elsewhere at least twice a day. 3. During some time in 2018, when Igor had claimed that half of the back area of the quadplex was “his” (when in fact per the lease the back area is a common area owned by no one), he wanted to dig up some roots on ”our side.” We told him no, since we’ve seen how long his projects can go on and he’d just tear up the earth and it would remain that way for months. We then said we’d call the police if he started digging. He then threatened, ”You call the police, and you're gonna see what’s gonna happen!” '9 5 g 4A, .Q a; y» "“WW7"r --carpct was washed twice (although is not in great condition) and thc cntirc car is immaculately clean; «was equipped with Ricon hydraulic lifi until lately. It was removed in order to scll thc car easier but can bc rc-installcd if nccdcd (ADDITIONAL $500!”). Thcrc arc some insignificant body dents and cracks on plastic pans as wcll as signs of paint wear, all shown on pictures. Registration is good through November 2021 and the smog chock was passed as it has bccn cvcry two years. Call Ikc @ (650) 465-5953 for more details and to schedule meeting day and timc. Thanks o do NOT contact me with unsolicited services or offers post id: 7250 1 26579 posted: ZZUaysago updated: ?daysago 9M Mg! '3 I am thc 3rd owner and lhc van has bccn in my possession for almost 3 ycars. It's been kept up and fixcd/clcancd ovcr this time period constantly and is in a bcttcr condition it was 3 years ago. Gcncral info: «has bccn serviced regularly and oil/filtcr wcrc changed just a fcw months ago (it hasn't bccn driven lately); «tires arc 2-year old; --brcaks wcrc changed in latc 2019; --battcry is 9-month old; --AC is fully rc-fillcd; --ALL exterior and interior lights work; --back scat was been reinforced to bring cushion back; «back scat also unfolds to make it a bod; m.mmimuannmhflmdfldemfl hu mn- 2000 Ford E-150 Econollm VIN: 1FDRE1420YHA07520 condition: excellent cylinders: 6 cylinder: drive: rwd fuel: gas odometer: 159986 paint color. green size: fu|I-size title status: clean transmission: automatic type: van {prev A ngflb reply favome hide flag Posted 226M390 2000 Ford ElSO/Econoline - $4,350 (mountain view) > image 18 of 18 ‘Eahfl-WI’EIKL“ " #4; E.- ‘ mud“ f l' 1g +3... mv‘ way“? ;I 0 0 cmigsiist - Map data © OpenStmctMap San Ramon Ave near Rengstorff (9999mm 2000 Ford E450 Econoline VIN: 1 FDRE1420YHA07520 condition: excellent cylinders: 6 cylinders