Request Restraining OrderCal. Super. - 6th Dist.January 28, 2021Request for Civil Harassment Restraining Orders Read ( 1m u ( 'm/ Harassment Restraining ()rdcr Help Me.” (jhrm ('H-IOO- INFO) before completing. this form. Also fill out Confidential (‘LETS Informalion (form ('LETS-OOI) with as much information as you know. ® Person Seeking Protection ® ® Juduaal Council av Cdflornla www courts ca gov Revusod Jammy 1V 2018 Mwlay Form Code oi CMI Procedun, §§ 527 6 Ind 527 9 a. Your Full Name: Harris Lee Winns Age: fié State Bar No.2 Your Lawyer (ifyou have onefor this case) Name: Firm Name: Clerk stamps date here when form Is filed. ILED JAN 28 2021 Fill in court name and street address b. Your Address (Ifyou have a lawyer. giveyour lawyer 's infinmalion, Ifyou d0 n0! have a lawyer and want r0 keep your home address private, you may give a diflérent mailing address inslead. You d0 not have t0 give telephone, fax, 0r e-mail.) Address: Superior Court of California, County ofCWM Superior Court Civil Divislon 191 N, First St. San Jose. CA 9511 3 Court fills in case number when form Is filed. State:City: Zip: Telephone: Fax: Case Number: 210H009831 E-Mail Address: Person From Whom Protection ls Sought Full Name: Sinue Torres Age: 35 Address (ifknown): I320 Foxdale Loop #201 City: San Jose State: CA Zip: 95122 Additional Protected Persons a. Are you asking for protection for any other family or household members? E Yes D N0 lfyes, list Ihem: l me 533 Ag; Ljvgs wi1h mu? flgw am [hcy [glaggd IQ mu? Annalissa Cruz Winns F E Yes D N0 Spouse Sean Gene Portus M E Yes D No Step-Son Dheston Cruz Winns M E Yes D No Son Dheysean Cruz Winns M E Yes D N0 Son E Check here iflhere are more persans‘ Attach a Shea! Q/paper and write “Altachment 3a-Addin'0nal Protected Persons "for a lille. You may useform MC-025, Allachmem. b. Why do these people need protection? (Explain below): D Check here ifthere is not enough space/br your answer: Put your complete answer 0n (he attached sheet 0f paper urform MC-025 and write "Attcu'hmenl 3M7 Why ()Ihers Need Protection "for a title, Sinue first moved next door in the summer 0f2Ol9. Shortly thereafter, he placed a toy gorilla in a plant bush near my kitchen window. His family members continuously and unnecessarily slams the medicine cabinet door. even sometimes at lam or 4am in [he morning simply In distract my family. On Dec. 26th, 2020, Sinue and his oldest Daughter both individually gestured with their fingcr as it‘ shooting someone in my car as they returned home. This is not a Court Order. Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-1 00, Page 1 of 69 Case Number: 210H009831 Relationship of Parties How do you know the person in ®? (Explain below).- E Check here ifthere is n0! enough spacefor your answer. Put your complete answer 0n the attached sheet of paper orform MC-025 and write “Attachmen! 4-Relationship ofParties "for a title. Venue Why are you filing in this county? (Check all (ha! apply): a. D The person in® lives in this county. b. E l was harassed by the person in®in this county. c. D Other (specifi’): Other Court Cases a. Have you or any of the persons named in @been involved in another court case with the person in ®? D Yes E No (Ifyes, check each kind ofcase and indicate where and when each was filed.) Kind of Case Filed in {Coum/Stare) Year Filed Case Number fifknown) (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 (ll) D Other (specifil): b. Are there now any protective or restraining orders in effect relating to you or any 0f the persons in® and the person in®? E No D Yes (Ifyes, attach a copy ifyou have one.) Description of Harassment Harassment means violence or threats ofviolence 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. (1) When did it happen? (provide date 0r estimated dale): December 26th, 2020 (2) Who else was there? On Dec. 26th, 2020. Sinue and his oldest DaughterArlyn both individually gestured with their finger as if shooting someone in my car as they returned home. This entire incident is recorded on our security camera. This video will be provided t0 the court upon request. This is not a Court Order. “”59“”“3'” 2°” Request for Civil Harassment Restraining Orders CH-100v Page 2 0' 6 (Civil Harassment Prevention) -> Case Number: ZICH009831 ® a. (3) (4) (5) (6) How did the person in ® harass you? (Explain below): D Check here [fthere is not enough .vpucefbr your answer. Putyour complele answer (m the allached sheet ofpaper orform MC-025 and write "Altachmen! 7u(3)-De5crihe Harassment "far a title. Sinue first moved next door in the summer of 2019. Shonly thereafter. Sinue or one ofhis family members. placed a toy gorilla in a plant bush near my kitchen window. His family members continuously and unnecessarily slams the medicine cabinet door. even sometimes at lam or perhaps 4am in the morning simply Io distract my family. We reported these incidents t0 management. however. it appears (hat nothing was done. On Dec. 26th, 2020, afler returning home and getting out OfIhe car, it seems as if Sinue is giving his oldest Daughter Arlyn instructions near their car. They then walked towards their apartment and both individually gestured with their finger as if shooting someone in front my car as they returned home. Did xhe person in® use or threaten to use a gun 0r any other weapon? E Yes D N0 (Ifyes. explain below): D Check here [frhere is m)! enough spacefbryuur answer‘ Putyour complete answer on (he attached sheet ofpaper orfbrm MC-025 and write "Allachmenl "a(4)-Use 0f Weapons "fbr a Iitle. On Dec. 26th, 2020, after returning home and getting out ofthe car, it seems as if Sinue is giving his oldest Daughter Arlyn instructions near the car. They then walked towards their apartment and both individually gestured with their finger as ifshooting someone with a gun in front my car as they returned home. ( 3&1 hgig g v ,Agn 9S $5 3 'Ndxhegiflv Were you harmed or injured because 0fthe harassment? Mes E N0 (Ifyes. explain below): D Check here ifthere is no! enough spaceforynur answer. Pu! your complete answer 0n the attached sheet ()fpaper orform MC-025 and write "Alluchment 7a(5)-Harm 0r Injury "for a title. 3-,; ggfi gem Cause; axxoflxg9Q N?\w Did the police come? D Yes E No lf yes, did they give you or the person in® an Emergency Protective Order? D Yes D No If yes, the order protects (check all (ha! apply): D Me D The person in® D The persons in ®. (Attach a copy offhe order {fyou have (ma) b. Has the person in® harassed you at other times? Q/Yes D No ([f'yes, describe prior incidents and provide dates ofharassment below): D Check here [/‘Ihere is r10! enough spac‘e/Oryour answer: Pu! your compleIe answer (m (he attached sheet 0f paper orform M0025 and write "Attachmem 7b r Previous Harassmen! "for a title. S‘mw. on ovaoxwxgv “(vamp o? \xxs RAM ?\o‘cqu och»: C30 t\\\cg ‘sA a xrai kvoec \5 \oCocxzb \z-kQQUA 066‘ mwsh'kevxkg. This is not a Court Order. "em“m" "2°“ Request for Civil Harassment Restraining Orders CH'WO» P399 3 0'5 (Civil Harassment Prevention) '9 Case Number: 21cunn9334 ID Check the orders you want. E E] Personal Conduct Orders I ask the court Io order the person in ® not t0 do any ofthe following things to me or to any person to be protected listed in®2 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, B/Contact 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. E’Other (specifiz): D Check here ifthere is not enough space for your answer. Pu! your complete answer on the attached sheet praper orform MC-025 and write "Attachment 80-01her Personal Conduct Orders. for a title. Rmt‘5m\a_\ cu bun \Qt\\\$ (KKK '\At£‘3*\fiv3(\\ 3“.anch ‘khe.“Q‘ng QA‘6\Q(+ Gm? M \o‘wfi’kowx 0 P emu LMH 'uA “\K No.5...\, The person in ® will be ordered n0! to take any action (0 get the addresses 0r locations ofany protectedperson unless the courtfinds good cause n0! (0 make (he order. ® [Z] Stay-Away Orders a. I ask the court to order the person in® to stay at least 30 yards away from (check all that apply): (1) We. (8) [Q/My vehicle. (2) Whe other persons listed in @. (9) D Other (specify): (3) m/My home. (4) Q/My job or workplace. (5) D My school. (6) E’My children’s school. (7) D 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 D NO (Ifno, explain below): D Check here ifthere 1's n0! enough spacefor your answer. Put your complete answer 0n the attached sheet 0f paper orform MC-025 and wrire "Allachment 9b-Stay-Away Orders, ”for a title. “1 KS m‘t Wm WV mfixbov ca cm Mom-xmwc Cowan- Guns or Other Firearms and Ammunition Does the person in ® own or possess any guns 0r other firearms? D Yes D No E I don‘t know Ifthejudge grants a protective order, the person in® will be prohibitedfrom owning, possessing, purchasing, receiving, or attempting (0 purchase 0r receive a gun, alherfirearm, and ammunirion while the protective order is in eflect. The person in ® will also bc ordered In turn in Io law enforcement, 0r sell to 0r store with a licensed gun dealer, any guns orfirearmx within 111's or lm- immediate possession 0r control. This is not a Court Order. Remmmwym‘” Request for Civil Harassment Restraining Orders CH-1°°’ P3984 0'5 (Civil Harassment Prevention) '9 Case Number: 1CH009831 ® MTemporary Restraining Order I 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 Io court to seek a TRO against him/her? D Yes mo ([fyou answered n0. explain why below): D Check here {fthere is n0! enough spaceforyour answer. Pulyour complete answer 0n the attached sheet of paper orform MC-025 and write "Atrachmem 1 I-Temporary Restraining Order "for a title. ® Q’Request to Give Less Than Five Days' Notice of Hearing You must have your papers personally served 0n the person in® at leaslfive days before the hearing. unless the court orders a shorter Iimefor service. (Form (.‘H-200-1NFO explains What Is "Proof of Personal Service"? Form CH-200, Proof of Personal Service, may be used Io show the court that (he papers have been served.) Ifyou want there t0 be fewer than five days between service and the hearing, explain why below: D Check here i there is n0! enough space 0r your answer. Put our com lele answer 0n the attached sheet 0y P paper orform MC-025 and write "AIIachmenI l2aRequest to Give Less Than Five Days ’ Notice "for a title. E No Fee for Filing or Service a. E 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. D 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 0f violence, or stalking. c. D There should be no filing fee and the sheriff or 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 I ask the court to order payment ofmy D lawyer‘s fees D Court costs, The amounts requested are: 11m Amgunt 113m Amgun; $ $ $ $ $ $ D Check here iflhere are more items. Pu! (he items and amounts 0n the altached sheet ofpaper orform MC-025 and write “Attachment l Jiluuycr '5‘ 1"ucs am! ( 'nsts ".lbr a title. This is not a Court Order. Rmm‘m””m Request for Civil Harassment Restraining Orders CH-100v Page 5 0‘6 (Civil Harassment Prevention) 9 Case Number: 21CH009831 ® 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 ofthe animals listed below, which l own, possess, lease, keep, or hold, or which reside in my household. (Identifi/ animals by, e.g., rype, breed, name, color, sex.) I request sole possession of the animals because (specify good causefor granting order): D Check here ifthere is n0! enough spacefor your answer. Put your complete answer 0n the attached sheer ofpaper orform MC-025 and write ”Attachment 15a~-Possession ofAm'mals "for a title. b- D That 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. D Additional Orders Requested I ask the court t0 make the following additional orders (specifil): D Check here {fthere is n01 enough spacefbr your answer. Put your complete answer 0n the altached sheet 0f paper orform MC-025 and write "Attachment l6-Additi0nal Orders Requested, "for a tille. ® Number of pages attached to this form. if any: Date: \. 3%\ 303A i Lawyer 's name (ifany) Lawyer ’s signature I declare under penalty of perjury under the laws of the State of Califomia that the information above and on all attachments is true and correct. Date: \_%~% ~ 3V 9A \Kov‘oxks Q'HA‘AS ’ \éo-m Q4» Type 0r print your name Sign your name This is not a Court Order. Request for Civil Harassment Restraining Orders CH-100. Page6 of6 (Civil Harassment Prevention) Rewsea Januay 1. 2018 January 25‘“, 2021 2 1 c H 00 98 3 1 Hello Amanda (Regional manager at Foxdale Village Apartments) ! My name is Annalissa Winns. My family and I currently live in Foxdale Village Apartments; building 1320, unit 202. We moved to Foxdale in the Summer of 2012. We were first assigned to unit 127, building 1310. But due to severe mold issues, we were moved t0 unit 112, building 1310 on November of 2018. Unfortunately, on January 14, 2019, there was a fire that started in unit 111 that affected our unit, as well as two more units adjacent to our unit. So, in January 18, 2019,we were assigned to another unit which is where we are currently living now(build'1ng 1320, unit 202). The neighbors at unit 201 at that time was very nice individuals. As a matter of fact during the time when we were getting out some stuff from our burned unit on the day 0f the fire, the wife came up to me, gave me her number and offered their home to stay while we were displaced at the time. Sadly our friendly neighbor moved out on July of 2019. On August 2019, a new family moved in to unit 201. Amanda, I welcomed these people when they first moved in. They are the same nationality as our "wonderful old neighbors", but NOT the same attitude. Two weeks that they have only been in the apartment, they have put up a toy gorilla 0n a tree that is between our unit and theirs. We felt disrespected because first 0f all, my husband is Black and 0f course our children is half Black and half Filipino. So we reported them to Brenda (complaint in file)and the situation is much worst now. There is so much tension and hate. They have been slamming their front door, slamming the sliding door of the shower stall, banging on the wall of the room of our two sons that has autism (my Autistic oldest son said it bothers him a lot) and slamming their bathroom medicine cabinet extremely hard, even very early in the morning, sometimes 12am, 1am or even 4am. They even have a dog that they intentionally allow t0 defecate and urinate near our car, instead of guiding their pet t0 their side of the front lawn that we share. I even caught the husband and wife talking about my husband to a groundskeeper (Alex, friends/aquaintance 0f tenants from 201,complaint on file) Alex is an employee at Foxdale Village while 0n duty. Icould g0 0n and on. We currently have a home security camera set up in our front window and caught the dad giving the oldest daughter what appears t0 be instructions. Then the two began walking towards their apartment, but when they were getting closer t0 our car, the dad and daughter gestured in a pointing fashion at our car and pretended to shoot and subsequently acted like a person had been shot in a falling. And the daughter copied him as well. If you want t0 see a video of this, you are more than welcome to come t0 our house. The parents are obviously teaching their kids to hate based upon skin color or tone. These tenants violated the lease many times. From creating a hostile environment, having pets (dog and birds) without telling the front office, doing barbecue even they are not supposed to and we're told not to (security people). And who knows what else they have been doing ILLEGALLY against the law. It's so frustrating living next to these people. We've been in this complex for almost ten years and NEVER had a next door neighbor as rude as them. They only try their stunts when we are inside our unit. But when we are outside, they don't do anything, but continue walking with their heads downward in an obsequious manner. ’m waiting for them to say or do something so I could ask them what is the problem? Amanda, are these people going t0 move out soon? Is there anything that you could do t0 make these people stop from harassing us? We don't even talk t0 these people. When we go out there, we treat them as if they don't exist. Thank you in advance for your attention in this matter. P.S. On Wednesday, January 20‘“ at approximately 4pm, my husband and son were coming out of our house and heading to the mailbox. As they were leaving, my husband was talking to our son. The front door of apt. #201 was open. Just as soon as my husband and son got in front of their door, then heavy set guy who lives there, out of view yelled out "pendejo, .. pendejo" which was clearly an unprovoked verbal attack. Unbeknownst to them, I understand Spanish at an intermediate level. I've been playing gospel music in the house (most especially in the bathroom) praying that God might touch their hearts and change their behavior. Unfortunately, it hasn’t worked up to this point. When they play loud music we don't complain, as that is their privilege. And we have our own privileges as well. We pay our rent on time every month. We have the right to have peace, harmony and safety in our home without the almost continuance antagonistic and harassing conduct 0f our neighbor in apartment #201. We already spoke to SJPD twice regarding them to get to stop. Incident/Case#: 20-362-0184 Incident/Case#: 21-025-0893 Unfortunately they cannot do anything about it yet since there is no crime was committed. But they advised us to contact the apartment management in regards to these harassing incidents. Regards, Harris 8: Annalissa Winns ADDITIONAL PROTECTED PERSONS - CH-IDO Check here if there are additional persons. List them 0n an attached sheet 0f paper and write ”Attachment 3 Additional Protected Persons from Form Cle Temporary Restraining Order Dhestiny Winns Sex-F Age14 Member of HouseholszES RelationshipzDaughter