Declaration In Support

Cal. Super. - 6th Dist.January 22, 2021

ATTACHMENT CV-5014 NAMEANDWNPARTYORATTORNEYFORPARTY: WENWBER: FORWMOMY MANL'B\ ESWadfl robe, »z?g-g.~; >9 NAUYm qg Ham s+- Sam jose Cn «mo I L E ATTORNEY FOR (Nuns): SeIf-Represented D SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA JAN 2 2 2021 STREET ADDRESS: 191 North First Street. San Jose. CA 95113 MAILING ADDRESS: 191 Nonh First Street crrY AND ZIP coca: San Jose, CA 95113 Smugégm 00f E3 a‘gosgg C,“ BRANCH NAME: Downtown Courthouse BY DEPUTY . t E 1 r- Am VPerson/Enuty Seeking Pmteouon. M an ue S 4 Pemn From Whom Protection Is Sought 70lam 6‘aVC \a DECLARATION IN SUPPORT 0F 5x PARTE APPLICATION FOR “SE "U”?l C H U 0 98 2 fCML RESTRAINING ORDERS l. tho undenigned. declare: 1. l am (moose one): ' D attorney for Pomon or Entity Seeking Protacdon m solf-repmontod Person or Enflty Seeking Protocflon D other (explain): 2. Tho opposing party ls represented by an attorney: D Yes END (If you checked ‘yes'. fill in the attornefs name. address. and telephone number. If you chedmd 'no', fill in the other puny: name address. and telephone number. Party/Attomey name: AddresslTelephone number. 3. OTHER CASES: Have the parties to this case been involved in litigation Mth each other in another Civil, Farm‘ly. Probate Juvenile. or Cn’minal Court Case? D Yes D No If 'yes'. case(s) number(s): 4. NOTICE a. I HAVE given noflco to tho opposing party andlor their aflomey by tho following method: D Personal delivery D Overnight Carrier U First Class Mail D Other: Date: Time: I have received confirmation that the other party has received my papers as follows: (describe) b. I HAVE NOT glvon notice of tho request for orders because (Check all that apply. You must explain bolaw): m This is an application for Civil Harassment Prevenfion Ad. Elder Abuse, Private Postsecondary School Violence. Transitional Housing Miscondud. or Workplace Violence Act restraining orders and: M Great or irreparable injury will result before the matter can be heard on notice. D It is impossible to give notice. D The other party agrees to the orders requested. U Other. c. Explanation: D A hearing between the parties is already set I am asking that this motion be heard at the same time. D I am unable to serve the other party In the time required by law. m I fear for my physical safety (and that of others, if applicable). D Other: I declare under penalty of petjury that the forgoing is true and coma. glnbow Manuel Esvaola H flwfl ET Print Name DecErant’s Signature CV50“ REVWW“ ' DECLARATION IN SUPPORT OF EX PARTE APPLICAflON FOR 9'9" “'2 CML RESTRAINING ORDERS , -. ATTACHMENT CV-5014 . INSTRUCTIONS Please refer to Santa Clara County Local Clvll Rules for more Information. Thls form ls not for use In restraining order applications filed at Family Court. This form is required in Santa Clara County. if you are asking the Judge to make immediate orders without the other party being present for a hearing. These orders are called ex parte Orders. This form must be' completed in any case where ex part9 orders are requested. If you have given notice to the other side of your case. you must state the form of notice given. Notice means providing the other side of the case, either . the attorney or a self-represented party, with copies of any papers that you want the Judge to review and any orders that you are requesting. If you have not given notice, you must explain why you have not given notice There are some circumstances when notice may be waived such as cases involving allegations of domestic violence where the safety of a party or a child might be at risk if notice is given. It is up to the Judge In your case to determine whether notice will be required or not. SECTION #1 State whether you are the Petitioner or the Respondent in the case. Once a case is filed. the patties keep the same status in the case. You do not change from the Respondent to the Petitioner by filing a new motion in the case. If you do not have an attorney, you are considered self-represented. SECTION #2 If the other party is represented by an attorney, you must provide the Court with the attomey’s name and ‘ address. If the other party is not represented by an attorney, you must provide thé Court with the other party's address. SECTION #3 It is very important to list all other cases in which you and the other party have been involved with the courts. This would include other Family Law, Probate, Juvenile, Restraining Order, Child Support, Civil, or Criminal matters. If you do not have the case number, please put unknown and list the county and the year of the filing, if possible. SECTION #4A Unless notice ls excused by the Court. you must provlde notice of this motlon to the other party before you deliver a copy to the Court. When you glvo such notice, specify how you did It (by courier or personally, for example) ind at what time and date. Also. please explain how you know that tho other slde received copies of y'our papers and what response you were g'lven. SECTION #48 If you dld not glvo notlce of thls appllcatlon, oxplaln why In thls section. Check as many boxes u apply. You may also write out any further explanation of your reasons for not glvlng notice. After this form is completed, attach it to your restraining order application and submit them as follows: o lf Civil Harassment. Workplace Violence, Private Postsecondary School Violence, or Transitional Housing Misconduct; to the Civil Division Clerk’s Office at 191 North First Street. San José. CA 95113 o If Elder or Dependant Adult Abuse; to the Family Division Clerk's Office at 201 North First Street. San José, CA 95113 CV40“ REVWW” DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ”‘9‘ 2 °' 2 CML RESTRAINING ORDERS