Response Petition Civil Harassment Workplace ViolenceCal. Super. - 6th Dist.January 27, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/11/2021 1:58 PM Reviewed By: K. Nguyen Case #21CH009824 Envelope: 6015613 Response to Request for CivilCH4 20 Harassment Restraining Orders Clerk stamps date here when form is filed. ® Personal Conduct Orders Use this form to respond to the Request (form CH-1 00) . Read How Can I Respond t0 a Requestfor Civil Harassment Restraining Orders? (form CH-lZO-INFO) to protect your rights. ° Fill out this form and take it to the court clerk. . Have someone age 18 0r older-not you-serve the person in CD 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.) Person Seeking Protection Full name ofperson seeking protection (seeform CH-100, item CD): Phuong Ngugen Person From Whom Protection ls Sought a, Your Name: Jizhi Pan FiII in court name and street address: Your Lawyer (ifyou have onefor this case) Name: Danning Jiang, Esq. State Bar No.: 196985 Firm Name: Law Offices ofDanning Jianfl b. Your Address (Ifyou have a lawyer, give your lawyer’s information. Ifyou d0 not have a lawyer and want t0 keep your home address Superior Court of California, County of SANTA CLARA Superior Court Civil Division 191 N. First St. San Jose, CA 951 13 Court fills in case number when form is filed. Case Number: private, you may give a different mailing address instead. You do not 21CH009824 have t0 give telephone, fax, or e-mail.) Address: 271 North First street Present your response and any opposition at the City: San Jose State: CA Zip: 951 13 hearing. Write your hearing date, time, and place Telephone: 408-299-0800 Fax: 408-299-0300 from form CH'IOQ item ®here: E . I u U Hearing 9 Date: 03/16/2021 Time: 9:00am-ma11 AddreSS- duan2@uan21aw2roun.com Date I Dept; 4 Room: If you were served with a Temporary a' D I agree t0 the orders reqUCSted' Restraining Order, you must obey it until the b. E I do not agree to the orders requested. hearing. At the hearing, the court may make (Specifi) why you disagree in item@ on page 3.) orders against you that last for up to five years. c Please see attachment . D I agree to the following orders (Specifiz below or in item® 0n page 3.) ® E Stay-Away Orders a. D I agree to the orders requested. b. E I do not agree to the orders requested. (Specifi/ why you disagree in item® 0n page 3.) c. D I agree to the following orders (specz’fiz below 0r in item® on page 3): G) E Additional Protected Persons a. D I agree that the persons listed in item@of form CH-lOO may be protected by the order requested. b. Q I do not agree that the persons listed in item®of form CH-100 may be protected by the order requested. Judicial Council of California, www.courts.ca.gov Revised January 1, 2018, Mandatory Form Code of Civil Procedure, §§ 527.6 and 527‘9 Restraining Orders (Civil Harassment Prevention) Response to Request for Civil Harassment CH-120, Page1 of4a Case Number: 21CH009824 G) 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® of form CH-110.) You must sell t0 0r store with a licensed gun dealer, or turn in to a law enforcement agency, any guns 0r 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. E I do not own or control any guns or firearms. b. D 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 t0 another position where a firearm is unnecessary. (Explain): D Check here ifthere is not enough space belowfor your answer. Putyour complete answer 0n an attached sheet ofpaper and write “Attachment 6b-Firearms Surrender Exemption ” as a title. You may useform M0025, Attachment. C- D I have turned in my guns and firearms t0 the police 0r sold them to or stored them With a licensed gun dealer. A copy of the receipt D is attached. D has already been filed with the court. E Possession and Protection of Animals a. D I agree t0 the orders requested. b. I d0 not agree t0 the orders requested. (Specifiz why you disagree in item ® 0n page 3.) c. D Iagree to the following orders (specifil below 0r in item® 0n page 3): E Other Orders a. D I agree t0 the orders requested. b. E I do not agree to the orders requested. (Speczfiz why you disagree in item ® on page 3.) c. D I agree to the following orders (specifiz below 0r in item® on page 3): ® E Denial I did not do anything described in item® of form CH-IOO. (Skzp to® .) Revised January 1, 2018 Response to Request for Civil Harassment CH-120. Page 2 of4 Restraining Orders "> (Civil Harassment Prevention) Case Number: 21CH009824 E Justification or Excuse If I did some or all of the things that the person in Cl) has accused me of, my actions were justified or excused for the following reasons (explain): D Check here ifthere is not enough space belowfor your answer. Putyour complete answer 0n an attached sheet ofpaper and write ”Attachment 1 O-Justification 0r Excuse ” as a title. You may useform MC-025, Attachment. Please see attachment. ® E Reasons I Do Not Agree to the Orders Requested Explain your answers t0 each order requested thatyou d0 not agree with. Check here z'fthere is not enough Space belowfor your answer. Putyour complete answer 0n an attached sheet ofpaper and write “Attachment II-Reasons I Disagree ” as a title. You may useform MC-025, Attachment. Please see attachment. RevisedJamamlm Response to Request for Civil Harassment CH-120’ Page 3 °f4 Restraining Orders '9 (Civil Harassment Prevention) ® Case Number: 21CH009824 a No Fee for Filing a. Q I request that I not be required to pay the filing fee because the person in® claims in form CH-lOO item® to be entitled to free filing. b. D I request that I not be required to pay the filing fee because I am eligible for a fee waiver. (Form FW-001, Request t0 Waive Court Fees, must befiled separately.) Lawyer's Fees and Costs a. E I ask the court to order payment ofmy E Lawyer’s fees D Court costs, The amounts requested are: 119m Amount m Amount Lawver's fees $ 2,000.00 $ $ $ $ $ D Check here ifthere are more items. Put the items and amounts on the attached sheet ofpaper and write “Attachment I3-Lawyer’s Fees and Costs ”for a title. You may use orform MC-025, Attachment. b. E I ask the court t0 deny the request of the person asking for protection that I pay his 0r her lawyer’s fees and costs. Number of pages attached to this form, if any: 5 Date: 03/1 1/2021 Danning Jiang, Esq. > ’ Lawyer ’S name (ifany) Lawyer ’S signature I declare under penalty of petjury under the laws 0f the State of California that the information above and on all attachments is true and correct. Date: 03/1 1/2021 Jizhi Pan Type 0rprintyour name RevisedJanuawmms Response to Request for Civil Harassment CH-120. Page 4 °f4 Restraining Orders (Civil Harassment Prevention) Phuong Nguyen v. Jizhi Pan Santa Clara County Superior Court Case No. 21CH009824 ATTACHMENT TO FORM CH-1 20 My full name is Jizhi Pan. I am a 77-year-old male retired Chinese American citizen, live alone in the US. | never had any misdemeanor and felony. My credit score was 843. A‘fv‘I-havewnena-JawyewlamexpectingfllmwiILpres-ent~theWhea~rhgbymyselfrfipessi-bIe: Sorry ‘i | wrote this longer to everyone in advance, because my health (On 3/4/2021 | underwent Dr. Khoi Tran of Sutter Health surgery under general anesthesia in El Camino Hospital, hospitalized and the pain was unbearable after | discharged, had to called 911 on 3/5/2021 again; my blood pressure was 80/46 at Sutter Health Urgent Care at 9:10am on 2/25/2021), memory, speed of reaction and eloquence in Mandarin are too poor. My English is more limited, especially vocabulary, listening comprehension and oral English (I had to learn Russian when | was a student. | was 44-year-old when | .first left China sponsored by a Chinese American professor). Now | can read and write simple English slowly with external non-human resources. My right hand muscular clearly atrophy, then print this letter instead of filling forms partly. When hearing, please provide an interpreter for me. I’ll pay, if any. On 10/4/2018, former VP Pence on behalf of the Federal Government remarked: “The C_CP_ (Chinese Communist Party) is rewarding or coercing American businesses, movie studios, universities, think tanks, scholars, journalists, and local, state, and federal officials.” (https://trumpwhitehouse.archives.qov/briefinqs-statements/remarks-vice- mesident-pence-administrations-policv-toward-chinal). For years, l strongly feel the CCP is using money and corruption to make our society degenerate, changing the US into 2nd China step by step successfully! The CCP’s human rights persecution is an asymmetric unrestricted full range war of the State Violence Apparatus vs. an Individual, it’s the CCP’s undeclared transnational political safeguard its rogue regime war. l am a dissident. The CCP are like running a system engineering, directly and/or in indirectly controlling my almost all resources in the US. Their agents rewarded the manager, Sandra Chu, of Trinity Plaza SeniorAppointment (VBT - Section 8) in Richmond, CA, with lies to delay indefinitely my living in date approved on 9/30/2010, and rewarded lawyers to stop legal aid for me, and officials to do not accept my complaints or lost contacts. The CCP agents were lobbying other apartments to remove my applications. Also the CCP’s hackers hacked into my computers to peep or make troubles to harass me. The CCP spies are eavesdropping my all calls and communicates, and installed at least one covered high-definition video camera to aim at me, and always stalk me to create illusions or hearsay to discredit me, and bribe many persons (the landlord is the first choice) around and/or related to me to harass me to ruin my health, and to launch a character assassination campaign to isolate and exclude me, and block my ways out, trying to force me to die or commit suicide ASAP for covering up the truth. In 2020-2021, | have to refuse to undergo a cataract surgery .9 7 A . v .THDSL '59»er ij’i-f IL fiflngt'f Wig; 4ML/ijéL. (4.: h 1 G13 “Mix «LC ALGA??? Gmd 41;“ ,WWVM tragz‘fléf if ‘Ef‘iflfijw‘ffiB/ZOZL Every day I go out once only on average, around noon, by bus and/or ona IW a for both eyes and more. So I encountered unimaginable difficulties for complaining, seeking legal aid, and/or contacting other lessors to move, etc., almost all are unable. I've collected a lot of evidences (some evidences requires criminal investigation methods to assist in the display), first-hand information and a suspect list. | disagree with this TRO, but I will not violate it. However, so far, everyday EA! (Phuong Ngugen, the Person Seek Protection, the landlady) and L(Vu Luu, Additional Protected Person, the landlord, 43-year-old) still block my exit way with their cars and did more, even picking quarrels and provoking troubles, is it legal to deprive me of the right to take pictures for evidence? Are they afraid of evidence? I’d like to reserve this right. Also l needfl (Short Message Service) to expose. l am often stolen items by someone and/or to notice to pay the rent. In PN’s mobile home, there is a closed door between her living room and tenants’ kitchen. All 3 male tenants have a different exit from her family, and almost no one can see each other, except VL comes to check my foods in tenants’ refrigerator and did more every day. My life is simple and very regular. Usually I listen to and read Chinese media in my bedroom, and open my door wide, unless | go out or sleep. I always open my window and/or curtains facing the street wide during day time, to maximize my own transparency. | rarely met a housemate, said hello to PN about twice or three times in total since Dec. 2019 her family moved in, no more contact; and to two young men living next doors too. I noticed rent paying and communicate with VL only, and on SMS at his 408-667-1511 only, mine and/or including all other two tenants’ phones. PN’s all evidence pages are screenshots from SMS between VL and me. PN’s & VL’s complaints are so illogical and/or seIf-contradictory, and exposed exactly that PN & VL are so familiar with my personal privacy in the bedroom. They exaggerated and described me as a dangerous person (highlighted my “violence act/behavior” and ”threatening”, ask the court to order me to “stay at least 300 yards away from all 1-9”), but didn’t mention a word about the risk of having a gun. They never worried about or cared it. It is indicating that they were 100% sure of the privacy of me without a gun. It shows that VL often sneaked in my bedroom to spy and look through everywhere and everything when | go out. However VL always denies with lies. PN only checked “I don’t know” in “1O Guns or of CH-100. It’s PN’s & VL’s LIE and PERJURY. ‘ lhhave no car and social connections, have not found a mailing response server untila foot. .AII 4 protected persons in private cars at any time. The TRO order me to don’t STALK them. ls it possible? The devil is in the details. “Role Shift/Change” like “Conceptual Shift/Change”, is a sophistry. PN is a supporting role without a scene. Why a FEMALE secondary PN supersedes the MALE primary VL in this TRO? ls it true, correct and fair? What is it expecting, misleading and/or implying? 1b of pages 1 of all CH-100, CH-109 and CH-1 10 note: “You do not have to give telephone...” However PN purposefully filled 408-667-1511 as HER phone # on the all 3 forms and more! Then PN signed “I declare under penalty of perjury under the laws of the State of California that the information above and on all attachments is true and correct." on CH-100 page 6 of 6 on 1/26/2021. Please verify and confirm following two points: 1) Is the truthful user of 408-667-1511 PN or VL? 2) Are short messages from/to me at the phone 408-667-1511 and/or PN’s evidence pages between PN and me, or between VL and me? Mine is the exact opposite of PN’s answer in the TRO. Why PN signed them to mislead the court? She’s suspected of deceiving and contempt of court. Isn’t it perjury? A suspected perjurer with perjuries seeks protection, didn’t be simply verified, but was admitted and issued the TRO, is it fair? This case was happened to rotate tofl (K. Ngugen, no full name?) to file it. KN has same Vietnamese ethnicity and same last name Ngugen with PN, and issued PN as a suspected perjurer the TRO. l don’t know if KN as a professional clerk should take the initiative to avoid this case. There are too many lies to be refuted in PN’s & VL’s writing in the TRO. However, in order to raise hearing efficiency to save valuable judicial resources, lock the target without being disturbed, | strongly recommend to go straight to the root and key of this case: When hearing, please let VL on behalf of their family to declare under penalty of perjury under the laws of the State of California that his answer will be true and correct, and answer a simple “Yes or No” question to show VL’s credibility again: “Did you accept money from a stranger, or spy/agent, orfl: (CCP Consul in SF) since Dec. 2019?” (In fact, this question is available for everyone related to this case, e.g., witnesses. Although they can adjust their tactics and strategies at any time, fait accompli and hard evidence are irrefutable.) If “Yes”, why? If “No", please print his declaration, this question and VL’s answer, after VL signed, file it. And then I’ll immediately declare under penalty of perjury under the laws of the State of California to provide evidence to countercharge them to prove that VL are suspected of perjury and high treason with the CCP’s spies/agent. VL and his family are always trying to evict me to avoid these crimes. | expect to receive documents and sound records about this hearing, if possible. Thanks a Iotf r your time and understanding. Sincerely, Jizhi Pan PS l paid VL the bedroom rent of $720/month one day in advance on my own initiative, without exception, and were recorded in the SMS. Almost every night, VL made noises to wake me up more than once, every day blocked my exit way with their cars. On 1/23/2021, VL & PN illegally installed new locks to block me to go back to my bedroom until police officers stopped them. VL and PN suspected of Elder Abuse. But VL & PN stopped me to take photos for evidence. “The wicked complain first” is an astuteness and resourcefulness in the oriental culture, and directed by the CCP spies/agents/rogues behind the scenes. PN answered “yes” to 7. Description of Harassment (5) “Were you harmed or injured because of the harassment?” CH-1OO page 3 of 6: “l feel so stressful, I could not sleep well and working well. He makes me have anxiety and migraine." What connection, communication or contact did she have with me? Make trouble out of nothing? Their complaints and what they do are like being made by persons who have not been educated. So far, every day when l went back, | always discover a habitat thief entered my bedroom to look for chances to scheme, torture and/or intimidate me. With keys cut by CCP national experts, he unlocked my own all locks and new bought ones, including but not limited new door-locks | bought, carefully checked everywhere of the bedroom and my everything and foods, maliciously spoiled, soiled, exchanged, or hid them, or planning which ones to steal from me on a certain day. He stole a bill, iPod, all more than 1O new underwear, foods, and more of mine. He found out anQ‘damaged my new electric massagers and laptop. | have no own space, have to carry'mkicE’g/iA, dag; ,- massager, medicine and many items, that I am afraid of him stealing or damaging, in a ‘ backpack and/or small luggage cart every day. | am old and weak, long-term weight- bearing (over ten pounds) walking resulted in a hernia on 2/24/2021 or earlier. In this mobile home, ONLY VL had the spare key of my bedroom, motivation and time to commit the crime. In this whole winter of 2020-2021, the landlord VL never turned on the heater for tenants, and often stealthily reopened the windows of the kitchen | closed to lower room temperature, because CCP agents visited my doctors, know the cold has induced my severe sciatica and serious health problems, so | am afraid of cold from the lower body. Then I always wear winter clothes on lower half, though summer upper probably. VL is a sadism. He incited hatred, enjoys and instigated his family members to share the pleasure of Elder Abuse. When l shower, the temperature and the flow of water were always controlled by VL and/or his family members from the upstream, suddenly cold suddenly hot. My forbearance fueled their courage. On 1/16/2021 after 5:209m, I was showering, just got wet all over, both the hot and cold water were suddenly turned off at same time, I felt so cold, and was worried that the cold will make my sciatica relapse, shouted "No water, why?", nobody answered. | can’t say more, at 5:24pm | texted VL: “I am show(er)ing, why no water?” but no response. | knew VL’s all family members were at home and controlling the flow of water, so I was wrapped in a thin dress and ran to the cold tenants’ kitchen to knock the door of VL’s living room to ask them to turn on warm water. At 5:339m VL texted me “We too have no water”, “l don’t know why we ALL have no water “How is that possible? Who can turn off the HOT WATER OUTSIDE? The community every time sent an early warning notice in advance for turning off water, if any. Later, I do believe that his daughter was controlling the water temperature for fun, and not know satisfied and temperance, preferred to pursue greater excitement, so shut off both cold and hot water. Also I wrote VL: “Last week you abetted year (your) minor daughter to steal my food in my bedroom” (SMS 7:46pm 8/31/2020), because she is different from VL, she selected and took too much sweet. And then VL never dared to bring her to come again. VL would rather steal sweet for her himself. I heard her crying before, I know she is the sacrosanct number one of her family, like many oriental families. VL & PN are her parents, and even suspected of abettors! | kicked VL’s empty garbage bin, ONLY WHEN VL intentionally opened its cover and put it under my window or nearby to dry in the Sun almost a whole day. The strong smell and air pollution made it impossible to open my window. I have evidence. Now VL still do so. After successfully lied to the police officers and getting the TRO, they became more and more guts to lie and steal. I wrote: “Today l just discovered | lost a bag of sea cucumbers again! My some vegetable were reprocessed by someone before”(SMS 4:1 1pm 2/1 1/2021), “My lost a (whole) bag of big wild sea cucumbers became someone’s family’s a dish on Spring Festival’s eve(2/1 1/2021) dinner...”(SMS 4:47pm 2/14/2021) to VL and all tenants else. (*Sea Cucumbers is a valuable tonic and high-e-nd food in China and Vietnam, and called as a sea ginseng or a ginseng ofthe sea, Hai3$hen1.)Also | wrote VL: “entered my room to sugar to attack many ants around my bowl” (SMS 4:41pm 7/16/2020).BTW l wrote messages to VL on the platform including VL and all 3 tenants usually, unless paid rent But VL reply me on another platform including him and me two men only, to create obstacle and confusion. VL Is always playing tricks, trying to drive me away so that he can escape the treason blame. I declare under penalty of perjury under the laws of the State of California that the information above and on all writing is true and correct. Sincerely, Dated: March 08, 2021 1' la- Jizhi Pan
