Request Restraining OrderCal. Super. - 6th Dist.January 27, 2021CH 1 00 Request for Civil Harassment ' Restraining Orders Read Can a 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. Clerk stamps date here when form is filed. FILED JAN 2 7 2021 . . the Court Person Seeking Protection smug, Acoumy o: Same cum a. Y ur Full ame: ,_ BY DEPUTYN“, a L. mfijsfl Age; gx K. NGUYEN Your Lawyer (ifyou have onefor this case) Fill in court name and street address: Name:SthepLemntm- State Bar No.2__ gupeiiorcclourt of California, County of - . _ an a _ara Fll’m Name.Wd 191 N F!rst Street b. Your Address (Ifyou have a lawyer, give your lawyer ’s 191 N. Flrst Street . . San Jose, CA 95113 Information. Ifyou d0 not have a lawyer and want 10 keep your Civil Courthouse _ DTS home address private, you may give a different mailing address instead. You d0 not have t0 give telephone, fax, or e-mail.) Court fills in case number when form is filed. Address: ‘0“ g7 5 c} k QT Case Number: City:ME-Statezfilink. ZICHUO 9828 Telephone: 60%)20L'995'1 Fax; . E-MailAddress: Nicolcfikncth 45¢”; @ Gm“ :41... Person From Whom Protection ls Sought Full Name: \I (O'L’ ’ Mo/‘tmo Age: Z g’ Address (ifknown): i \ VWK “DID {I City: SaM 70$ C State: 0//\' Zip: Additional Protected Persons a. Are you asking for protection for any other family or household members? DYes DNo Ifyes, list them: Full Name m Agg Lives with you? How are they related to you? D Yes D No D Yes D No D Yes D No D Yes D No D Check here iflhere 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 no! enough spacefor your answer. Put your complete answer 0n the attached sheet of paper orform MC-025 and write “Attachment 3b-Why Others Need Protection "for a title. This is not a Court Order. éfidsé'acm“°'°2“Ai{%mflfa'5mo§°#§fmm°’ Request for Civil Harassment Restraining Orders CH-1oo, Page 1 otsésnuary 1, , Code 01 MI Procedure, §§ 27.6 and 527.9 SQ ‘ m‘:’”ro,_r_n__w"“" (Civil Harassment Prevention) ROHC/ [] PVERN9 Case Number: ® Relationship of Parties How do you know the person in®? (Explain below): a Check here ifthere is n0! enough spacefor your answer. Put your complete answer 0n the attached sheet of aper orform MC-025 and write “Attachment 4-Re1an'onship ofParties "for a title. Xfc Cb W LAMND’C ® Venue I Why are you filing in this county? (Check all that apply): a. a The person in® lives in this county. b. B l was harassed by the person in® in this county. c. D Other (specifiz): ® Other Court Cases a. Have you or any of the persons named in@ been involved in another court case with the person in®7 a Yes D No ([fyes, check each kind ofcase and indicate where and when each wasfiled.) Kind of Case Filed in (CounQ/Statez Year Filed Case Number (ifknown) (1) D Civil Harassment (2) D Domestic Violence (3) D Divorce, Nullity, Legal Separation (4) D Paternity, Parentage, Child Custody (5) D Elder or Dependent Adult Abuse (6) D Eviction (7) D Guardianship (8) D Workplace Violence (9) D Small Claims (10)D Criminal (1”a Other (specifiz): UMMM Dehmu Saw. Cum CA 1.010 wcvgeq'soé b. Are there now any protective or restraining orders in effect relating to you or any ofthe persons in ®and the person in® ? a No D Yes (lfyes, attach a copy Ifyou have one.) ® Description of Harassment Harassment means violence or threats of violence against you, or a course of conduct that seriously alarmed, annoyed. or harassed you and caused you substantial emotional distress. A course of conduct is more than one act. a. Tell the court about the last time the person in ®harassed you. (l) When did it happen? (provide date 0r estimated date): (2) Who else was there? [See attached declaration for a Description of Harrassment] This is not a Court Order. Request for Civil Harassment Restraining Orders CH-1oo, Page zote (IE Em (CIVII Harassment Prevention) 9 Revised January 1, 2018 CaseNumEeIi CHOU 98 28 ® a. (3) How did the person in® harass you? (Explain below):D Check here ifthere is not enough spacefor your answer. Put your complete answer on the attached sheet ofpaper orform MC-025 and write "Attachment 7a(3)-Describe Harassment "for a title. (4) Did the person in® use or threaten to use a gun or any other weapon? D Yes $No (Ifyes, explain below): D Check here ifthere is not enough spacefor your answer. Put your complete answer on the attached sheet ofpaper orform MC-025 and write "Attachmergt 7a(4)-Use 0f Weapqns "fbr a title. . ,wk» ' A 2 I v _ ~__ l ‘ ._,__fi . -‘: -. . u -w- ' "- | 1n u - (5) Were you harmed or injured because of the harassment? m Yes D No (Ifyes, explain below): D Check here ifthere is n0! enough”spacefor your answer. Put your complete answer 0n (he attached sheet ofpaper orform MC-025 write “Attachm\nm 7 (5)-Harm 0r 1njury"ora titleM 6W1 nsb w‘kL gag mswc VIM Wserk \mflm .x g“ kw m 5w: wfl' 0“ MkM§ M7 WWVLII w“)! (6) Did the police come? a Yes D No Ifyes, did they give you or the person in ®an Emergency Protective Order?D Yes8 No Ifyes, the order protects (check all that apply): DMe D The person in ® D The persons in @. (Attach a copy ofthe order ifyou have one.) b. Has the person in ® harassed you at other times?a Yes D No (Ifyes, describe prior incidents andprovide dares ofharassment below): aCheck here ifthere is not enough space for your answer. Put your complete answer on the attached sheet 0f paper orform MC-025 and write "Attachment 7b-Previ0us Harassment ”for a litle. This is not a Court Order. R'““‘{“‘“"’"2°‘° Request for Civil Harassment Restraining Orders CH-1oo, Page soreGB Elfin“ (Civil Harassment Prevention) 9 Case Number: Check the orders you want. m Personal Conduct Orders l ask the court to order the person in ®not to do any of the following things t0 me or to any person to be protected listed in @: a. E Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property of, or disturb the peace of the person. b. GContact the person, either directly or indirectly, in any way, including, but not limited to, in person, by telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax, or by other electronic means. c. a Other (specifi'): '_ Check here iflhere is not enough spacefor your answer. Pu! your complete answer 0n the attached I V sheer ofpaper orform MC-025 and write "Attachment 8c-Other Personal Conduct Orders, "for a title. I . \ .l\ I \ ‘ f l. n \ The person in ®will be ordered not Io take any action Io gel the addresses or locations ofany protectedperson unless the courtfinds good cause not to make (he order. ® DStay-Away Orders a. l ask the court to order the person in ® to stay at least $0- yards away from (check all that apply): (l) E Me. (8) m My vehicle. (2) a The other persons listed in@. (9)Q Other (specifil): (3) a My home. (4) a My job or workplace. (5) E My school. (6) a My children’s school. (7) Q My children‘s place of child care. b. Ifthe court orders the person in ®to stay away from all the places listed above, will he or she still be able to get to his or her home, school, orjob? D Yes ‘ENO (Ifno, explain below): D Check here ifthere is not enough spacefor your answer. Pu! your complete answer on the attached sheet 0f paper orform MC-025 and write “Attachment 9 Slay-Away Grieg, "for a title.WM Flue u; Went“ rs InorL cork malt ”5 Guns or Other Firearms and Ammunition Does the person in ®own or possess any guns or other firearms? DYes DNo El don’t know lfthejudge grants a protective order, the person in ® will be prohibitedfrom owning. possessing. purchasing. receiving. or attempting Io purchase or receive a gun. otherfirearm. and ammunition while the protective order is in eflect. The person in ®will also be ordered m turn in m Iun- mforcemem, or sell t0 or store with a licensed gun dealer, any guns orfirearms within his or lu-r imnmliute possession or control. This is not a Court Order. R“’°°J"‘“"‘-’°‘° Request for Civil Harassment Restraining Orders CH-1oo. Page4 ate(m[m (Civil Harassment Prevention) 9 Case Number: ZICH009828 ® mTemporary Restraining Order l request that a Temporary Restraining Order (TRO) be issued against the person in ® to last until the hearing. I am presenting form CH-l 10, Temporary Restraining Order, for the court’s signature together with this Request. Has the person in ® been told that you were going to go to court to seek a TRO against him/her? DYes N0 (/fyou answered n0, explain why below): D Check here ifthere is n0! enough spacefor your answer. Pu! your complete answer on the attached sheet 0f paper orform MC-025 and write "Attachment 11~Temporary Restraining Order "for a title. l 0"“‘47 Voch/ousmw‘ 5' ® a Request to Give Less Than Five Days' Notice of Hearing You must have your papers personally served on the person in® a! leastfive days before the hearing, unless the court orders a shorter timefor sen'ice. (Form CH-ZOO-INFO explains What ls “Proof of Personal Service"? Form CH-ZOO, Proof of Personal Service, may be used to show the court that the papers have been served.) If you want there to be fewer than five days between service and the hearing. explain why below: D Check here Iflhere is no! enough spacefor your answer. Put your complete answer 0n the attached sheet of paper orform MC-025 and wrile “Attachment 12-Reques! Io Give Less Than Five Days’ Norice "for a title. 1 mm «C/mJ \«c k“ H»; mvv’w 5W. L. as L< Es chezsifl'l \ALWJ‘ 0‘9 wk9\’5" Lakcx Pg 3cL Lx/§ W451 l ® a No Fee for Filing or Service a. a There should be no filing fee because the person in®has used or threatened to use violence against me, has stalked me, or has acted or spoken in some other way that makes me reasonably fear violence. b. a The sheriff or marshal should serve (notify) the person in ®about the orders for free because my request for orders is based on unlawful violence, a credible threat of violence, or stalking. c. a There should be no filing fee and the sheriff 0r marshal should serve the person in ®for free because l am entitled to a fee waiver. (You mus! complete andfileform FW-OOI, Application for Waiver of Court Fees and Costs.) E Lawyer's Fees and Costs l ask the court to order payment of my D lawyer's fees E Court costs. The amounts requested are: J_tgg Amount ML Amount Eiljngfle $ 435 $ $ $ 3 $ D Check here ifthere are more items‘ Pu! thc irwrzs aml amounts 0n the attached sheet ofpaper orform MC-025 and write "Attachment 1 4 ilcmycr 'x l’cux und ( 'usls”f0r a rifle. This is not a Court Order. R"”“"‘“" “2°“ Request for Civil Harassment Restraining Orders CH-1oo, Page sofa (IB'm (Civil Harassment Prevention) 9 Case Number: D Possession and Protection of Animals I ask the court to order the following: a. D That I be given the sole possession, care, and control of the animals listed below, which l own, possess, lease, keep, or hold, or which reside in my household. (Identifi/ animals by, e.g., Ope, breed, name, color, sex.) l request sole possession of the animals because (specifv good causefor granting order): D Check here ifthere is not enough spacefor your answer. Put your complete answer 0n the attached sheet ofpaper orform MC-025 and write “Attachment 15a-Possession ofAnimals ”for a title. b. DThat the person in® must stay at least _ yards away from, and not take, sell, transfer, encumber, conceal, molest. attack, strike, threaten, harm, or otherwise dispose of, the animals listed above. EAdditional Orders Requested l ask the court to make the following additional orders (specifii): D Check here iflhere is not enough space for your answer. Put your complete answer 0n the attached sheet of pa er orform MC-025 and write “Attachment 16-Additi0nn/ Orders Rwsled, "fur a rifle. ’ wbmwW Hw cJABn - ”v an-v w. - mr-4-n?q~-.. ~/ I . ® Number 0f pages attached to this form, if any:L Date: W - ented } S Lawyer ’s name (ifany) Lawyer 's signature l declare under penalty of perj ury under the laws of the State of California that the information above and on all attachments is true and correct. Datezol I agflza-M _Na‘coL¢ LFm ’ %\ /” Type or print your name Sign your name This is not a Court Order. “mm"‘m”m Request for Civil Harassment Restraining Orders CH-1oo, Page e ofe (I3m (Civil Harassment Prevention) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CASE NAMEfwakm and Mowm CASE #2 2 1 c H 00 93 2 3 Last Name Last Name CH-1 00, Item 7a(3) - DESCRIBE HARASSMENT: a) How do you know the person you want to restrain? LAAJ ’o/0( b) Are you living with the person? D YES R NO c) Has the person D physically abuse you,fl physically or verbally threatened you and/or B harassed you many times? (Please Check all that apply.) 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). |l/Zo\°\ allow} J-ul-«I‘ (Lung; \M‘v H... L.Eu 31ch M qum, amhm wMW .‘NJJM «work had: .«J classic, «Jamalmb W“ m («-4- wu cad “JHoJ y», aha; Lam, Gowame NM) w L.» .n‘awu Wm c. WJ yum" l~< NL wail“ $600 aw”.@944“??ka MM“ Hwy}: 5». k-Jo ..., «Lac,W wk“ 1 L.“ 3 33.5.; 4M Lyman}?'nglc.‘ a/whpaswv4M d: KIM mat ,Jnga M: M9947 NH! MM?-MW law 0w! J'Wwvd0km 'Orowrfiflm mo 4. I 34! M‘rww Lo raw» HAL D L 9‘16 Mm“: walkkfis b “Wkfik M-ww‘ WK ‘H‘wL wmc aw MSW: markW31, ‘4')“ pack ‘Hw-n Ala! M‘W 1M jflgw-pk krw CH-100, Item 7a(3)- DESCRIBE HARASSMENT Page 7’4’lL MC-020 _SHORT TITLE: CASE Nuns? 1 c H 00 9 8 2 8?%er and MWW 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Last Name Lam name 0W WC, W‘T-kté km WQKICL Wlllkj #99“ xM/nWLoe/‘NJ-x aw! 1’" 40va a“ H»; k 1 Ad Hum I was Aloud Jo Mlkx’l‘c, (QM; - l/“fio‘bl ”£11.. Join!» 0-“ 1M1 5424 Mm Wa‘lfinmimdl WNW? 'ULK ’A 'A" AA- ‘A 'I W ' AAA, I 4 4¢t ‘ A . tr ,l‘ A 0 0 cf £- 4“ ’A- \Mc mug. M, 0:» mowflayfzb” L (cat I (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line numbers): Thus page may be used wuth any Judicaal Councnl form or any other paper filed With the court. Pagea , .7WWW“ ADDITIONAL PAGE cnc 2‘. IotcmomtlJaded Counc- .HomoRwy; 19871 Attach to Judicial Council Form or Other Court Paper Mamn man's Emma! Forms T“ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Z 8 CASE NAME: 3"“ CASE #: 21 CH 00 93 Last Name Last Name e) Were_ any guns or other weapons used or threatened to be used during any abuse in the past three months?“a E NO If“YES",describez 1 Mal L53 LIMA rguthawaJj, dig? a,w“ a5 Lk‘deava f) Were there any injuries during abuse in the past three monthsm YES D NO é- lf “YES". describe: g) Did the police come to any of these recent events? flYES D NO h) Did they give you an Emergency Protective Order for abuse in the past three months? D YES MO If "YES", please attach a copy. i) ls the person you want to restrain in jail right now for violence against you? Elves Mo If“YES".where: j) Has the person you want restrained ever been in jail for violence against you or your children? DYES fiNO lf“YES",when: Describe what the person did to you or your children that caused them to go to jail: CH-1 00, Item 73(3) - DESCRIBE HARASSMENT meg} 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CASE NAME: and CASE g; 2 1 C H 00 98 2 Last Name Last Name k) Do you have a criminal protective order (restraining order from criminal court)? D YES fiNO If “YES". please attach a copy. l) Describe the worst abuse and when it happened: AThe most recent abuse i_s the worst abuse OR D The worst abuse was (approxima‘e date) and the person I want a restraining order against (describe what they dad 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 73(3) - DESCRIBE HARASSMENT l7 wk 669 278 0412 The owner sent us your recent message. You should know all these problems began with a City Code Enforcement complaint filed in late 2019 by an unidentified neighbor, not the owner. The City issued the owner a citation for un-permitted structures (Code violation 24.02.100) and unlawful occupation in a commercial building (Code violation 24.01 .251 ). You denied occupation so the owner was forced to file an unlawful detainer suit against you. The owner won the suit and then Covid arrived. temporarily stalling your eviction. Your lease expired July 2020 and will not renew. Regardless, we will seek all past due rent. utilities and costs. Soon. the sheriff will evict you and you will be locked out with your property inside. You'll be able to claim your property per CCCP sec. 1986, however, you can save yourself (and others) the inconvenience by vacating before the sheriff arrives. Meanwhile, we are not waiting for the sheriff. PhaseZ of the un-permitted structure demolition will begin within a week or two. As before, we will place a notice if entry on your door. BOO. ° UGLTEAIZISZ (- Mcfarland K. E Safety? Yeah then let me. See the paperwork that says what on here is npt safe so i may remove it Jan 16,8:12AM m Please open the doorThe SJPD is Outside now SJPD is here to watch Jan 18,3104 PM Mcfarland this is Robert Olivarez. About a month and a half ago you took my tools that were on the other side of the partion wall at the top of the stairs from a repair in the electrical i did and did not charge you for. It is imperative l get those as l need them to unnnnll I nnnnnnIA ka-‘L nn“in~ g 6 O O ff ° ’CD‘ @LTEA .2251 (- Mcfarland K. E w That is ridiculous. l wouldnever take your tools or anything else, and neither did any of the guys. Strange, you told the cops today you did not cross into the 2nd floor but you actually did, to do an unauthorized repair. Even still, I’ll give you $1 00 cash for the table saw when we start phaseZ of the interior removal, which should be soon. Last, l again request you just leave. Your lease has expired. It will not renew. We won an unlawful detainer jUdgement and the cops and locksmith both said last Sat that evictions are starting to happen again. Leaving now means you can take all your stuff instead if us throwing it away on eviction day. Thanks. @(i film a r3 0 - (9‘ x-LIEA 910:59 IE B 5 Craig, Ms. Frandson executed a sublease for a commercial space on the pretenses that she was going to open an art studio. After signing the sublease she moved herself and assorted drug users into the space and they have been occupying the space ever since. San Jose, Code Enforcement is on my client to clear these people out since they have no right to occupy a commercial space as a home and they have cited them for the violation! . Be careful with this person. Going home shortly, if you want docs | will send once | am back in the office. Roger D. Wintle Partner The Heritage Law Group, a P.C. 96 North Third Street Suite 260 San Jose, Ca 951 1 2 Phone: (408) 925-0146 Fax: (408) 993-21 01 Email: rdw@h|gusa.com web: www.hlgusa.com Disclaimer: No attorney-Client relationship is intended to be established by the free, brief initial consultation. Legal opinions provided or‘ the sour of the moment. with limited A v.1 I (V34 (3/1? 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