Response ReplyCal. Super. - 6th Dist.January 28, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/13/2021 10:49 AM Reviewed By: M. Sorum Case #21CH009829 Envelope: 6228679 21CH009829 Santa Clara - Civil M. SorumResponse to Request for CivilCH 120 Harassment Restraining Orders Clerk stamps date here when form is filed. Use this form to respond to the Request (form CH-1 00) . Read How Can l Respond t0 a Requestfbr Civil Harassment Restraining Orders? (form CH- l 20-1NFO) 10 protect your rights. ' Fill out this form and take i1 to the court clerk. . Have someone age l8 or older-not you-servc the person in® or his or her lawyer by mail with a copy of this form and any attached pages. ('Use/brm CH-250, Proof of Service ofResponse by Mail.) ® Person Seeking Protection Full name of person seeking protection (seefin'm CH-IOO, item @): Maria Torres Fi/I in court name and street address: Superior Court of California, County of® Person From Whom Protection Is Sought a. Your Name: Marleny Velasquez Your Lawyer (ifyou have one_fbr this case) Name: Kent Kinnaci State Bar No.:271819 San Jose CA 951 l3 Firm Name: Law Offices of Kent O Kirmaci Santa Clara Civil Division 191 North First Street b. Your Address (1/):011 have a lawyer, give your lawyer 's infbrmation. CW" fi’ls i” case ’7‘”an When form is fi’ed' [fyou d0 not have a lawyer and want t0 keep your home address case Number: private. you may give a difi'erem mailing address instead. You do nor 2 1 CH009829 have t0 give telephone. fax, 0r e-mail.) Address:447 Sutter St Suite 532 City: San Francisco State: CA Zip: 94108 Telcphone:(415) 956-0999 Fax: (415) 592-17 10 E-mail Address: kent@kirmacilaw.com ® E Personal Conduct Orders a. D [agree tothe orders requested. b. E l do not agree to the orders requested. (Specify why you disagree in item® on page 3.) Present your response and any opposition at the hearing. Write your hearing date, time, and place from form CH-109 itcm©here1 Hearingl§ Date:w Time: 2:00Pm Date Dept.:4 Room: If you were served with a Temporary Restraining Order, you must obey it until the hearing. At the hearing, the court may make orders against you that last for up to five years. c. E I agree to the following orders (Specifi/ below or in item® on page 3.) See Attached Declaration ® E Stay-Away Orders a. D l agree to the orders requested. b. E I do not agree to the orders requested. (Specifv whyyou disagree in item® on page 3.) c. E l agree to the following orders (specifil below or in item® on page 3): D Additional Protected Persons a. D 1 agree that the persons listed in 1tem©off<>rm CH-IOO may be protected by the order requested. b. D I do not agree that the persons listed in item ©of form CH-IOO may be protected by thc order requested. afi’fg'dfigfiflg'fiffiFggfimgmfygzzfiwv Response to Request for Civil Harassment CH-120’ Page 1 0‘4 ewe o! Cum Procedure. §§ 527‘s and 527.9 Restrain ing orders 9 (Civil Harassment Prevention) Case Number: 2 I CH009829 ® Guns or Other Firearms and Ammunition lfyou were served with form CH-l 10, Temporary Restraining Order, you cannot own or possess any guns, other firearms, or ammunition. (See item® of form CH-l 10.) 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 0r 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 0r Stored, for the receipt. a. E I do not own or control any guns or firearms. b. D l ask for an exemption from the firearms prohibition under Code of Civil Procedure section 527.9(1) 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): D Check here [fthere is nor enough space belowjbr your answer. Pulyour complete answer on an attached sheet ofpaper and write "Attachment 6b-Firearms Surrender Exemption " as a title. You may useform M0025, Attachment. c. D l 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 D is attached. D has already been filed with the court. ® D Possession and Protection of Animals a. D [agree to the orders requested. b. D l do not agree to the orders requested. (Specifi/ whyyou disagree in item @on page 3.) c. D l agree to the following orders (specifir below or in item® on page 3): D Other Orders ® a. D l agrce to the orders requested. b. D I do not agree to the orders requested. (Specifi/ whyyou disagree in item ® on page 3.) c. D l agree to the following orders (spec'gfiz below or in item® on page 3): E Denial I did not do anything described in item® of form CH-lOO. (Skip to® .) R°"'““3"“'Y‘-2°‘3 Response to Request for Civil Harassment CH4”: P399 2 0‘4 Restraining Orders 9 (Civil Harassment Prevention) Case Number: 2 1CH009829 D Justification or Excuse lf l did some or all of the things that the person in© has accused me of, my actions were justified or excused for the following reasons (explain): D Check here ifthere is n0! enough space belowforyour answer. Put your complete answer 0n an artached sheer pruper and write “Attachmem 10-Justi/icalion or Excuse " as a title. You may useform MC-025, Attachment. E Reasons I Do Not Agree to the Orders Requested Explain your answers to each order requesled Ihatyou do nor agree with. D Check here i/‘there is not enough space belowforyour answer. Putyour complete answer on an attached sheet ofpaper and write ”A ttachmen! 1 I-Reasons 1 Disagree " as a title. You may useform MC-025, Attachment. ““WJW'Y ”m” Response to Request for Civil Harassment CH-120- P698 3 0f 4 Restraining Orders 9 (Civil Harassment Prevention) Case Number: situxwxzu 7 {‘13, Z No Fee for Filing \J a. : l request that l not be required lo pay the filing fcc because the person inG/‘Iclaims in form CH-IOO KN f 14 } 11cm fitgtu bc entitled lo fmc filing. b. :3 I request lhal I n0! be required lo pay thc filing fee because l am eligible for a fcc waiver. (Form FW-(IOI. Request Io Waive Court Fees. mu." be filed separately.) C Lawyer's Fees and Costs a. [J l ask the court lo order payment ofmy D Lawyer’s fees D Court costs. The amounts requested arc: ham Amman 1mm Ammm S S S S S S :1 (Z'heck here! if there are more items. Put the items and amounts on the attached sheet ofpuper am! write "Aliachmem I 3~»Lawjr‘er '3 Fees and Casts "jbr a title. You may use ur form MC-(L’S. Attachment. b. W l ask lhc court to deny the request ol‘lhc person asking fur protection that l pay his or hcr lawyer‘s fccs and costs. Number of pages attached to this form. if any: Date: q /)3 '}/ Kent Kirmaci Lawwr 'x name m (my) Lamw'. -s sigmgmre I declare under penalty ofpcrjury under ‘he laws of thc State ofCalifomia that the information above and on all attachments ls lruc and correct. Date: 04/1 3/2021 ' Marlcny Velasquez W Type or prim your name Sign your name J aw»my v. 2w Response to Request for Civil Harassment CH-120. Page 4 0M Restraining Orders (Civil Harassment Prevention) ¥ w I Print this form I I Save this form I Kent Kirmaci SBN 271819 Law Offices of Kent O Kirmaci 447 Sutter St Suite 532 San Francisco, California 94108 Phone: (415) 956-0999 Attorney for Marleny Velasquez Marleny Velasquez Maria Torres SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SONOMA Department: 4 ) Case No. 21CH009829 . . ) Petltloner, ) vs_ ) DECLARATION 0F MARLENY ) VELASQUEZ ) ) ) Date: May 18, 2021 Respondent. ) Time: 2:00pm ) ) ) ) IQ I, Marleny Velasquez, declare: . I am the Petitioner in the above case. The facts stated herein are within my personal knowledge and I funher affirmatively state that, if swom as a witness. I could and would competently testify hereto. I respectfully request the court deny Ms. Torres‘ request for a civil harassment restraining order. . As a response to Maria’s allegations, all of her statements are fabrications. I have never referred to her with the words she alleges I used, and I did not push her down the stairs. I have a family and I would never intentionally want to hurt someone, especially her who is older than me. Usually we cross paths in the street and common areas as is normal for neighbors. Those areas usually are our only entrance and exit to the apartments. January 18, 2021 - the day she mentions as a day I referred to her “stupid old woman” happened around 6pm where l asked her politely if she could move her vehicle because I could not even open the door to get out because she did not park her car properly within the _ 1 _ VELASQUEZ V. TORRES 21CH009829 DECLARATION OF MARLENY VELASQUEZ lO. ll. 12. l3. l4. 15. parking lines. I believe she parked in that manner with the intent to cause problems and inconvenience. . On the contrary to her claims, she is the one who caused my family a lot of damage. She also made a false statement about my husband’s daughter, Miley Raidoza. She never said to Maria that her father, Nicolas Raigoza, drugged her to put her to sleep. Our children were never Close t0 her, on the contrary, they were scared of her when she approached them. . Maria also mentions our intimacy with my husband which is not true and she has no way of checking. We were never friends. She describes everything as if she has firsthand knowledge as it was shared with her, this is not the case. Maria is delusional and invents things in her mind. She did the same harassment to another family and they also left the apartment because 0f her. We also decided t0 leave the apartment on 3854 Barker Drive and move to a new address in order t0 avoid further problems with Maria and have peace. Despite this, she continues harassing us and causing us fear even though we do not leave near her. Maria’s daughter and Maria even came t0 our new address! I do not know how they got our address, they must have followed me from work or my daughter Leslie Velasquez’s school. On the date she went to file a counterclaim, we were no longer living at 3854 Barker Drive. All Maria’s statements are not true, they are fiction. Maria does this on purpose to stress me out and keep harassing me. I complained many times to the owner of the apartment complex we resided, Sunayana Bedi. They could never do anything. although we sent her messages and photographs since Maria began to park her vehicle intentionally to hit our car. All our complaints were ignored. l filed a lawsuit with the Department of Fair Employment and Housing to see if they could help me because Maria’s behavior was not tolerable. I filed for a Restraining order against Maria with the copy of the filing with the Department of Fair Housing. We live in danger and fear for our lives considering the fact that Maria and her family knows our new address. I am pregnant, this stress affects my health and puts in danger the life ofmy baby. For the stated above reasons, I respectfiJlly request the court deny Ms. Torres’ restraining order request and grant me and my family protection. - 2 _ VELASQUEZ V. TORRES 21CH009829 DECLARATION OF MARLENY VELASQUEZ l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated this 13 day of April 2021 at San José .Caliform'a. _. 3 _ VELASQUEZ V. TORRES 21CH009829 DECLARATION OF MARLENY VELASQUEZ
