Response Petition Civil Harassment Workplace ViolenceCal. Super. - 6th Dist.January 28, 2021‘ Response to Request for Civil Clerk stamps date here when formis filed. Harassment Restraining Orders Use this form to respond to the Request (form CH-1 00) . Read How Can l Respond tu a Requestjbr Civil Harassment I L E Restraining Orders? (form CH-lZO-INFO) t0 protect your fights. ° Fill out this form and take it to the court clerk. MAY l 1 2021 . Have someone age 18 or older-not you-serve the person in CD or his or her lawyer by mail with a copy 0f this form and any attached C ooamwcuoflga am pages. (Useform CH-250, Proof of Service of Response by Mail.) 83m.” gpuf Person Seeking Protection 0y Full name of person seeking protection (seeform CH-100, item 6)): Fl.” in court name and street addregf.‘ Superior Court of California, County of ® Person From Whom Protection ls Sought~ Su eri a_ Your Name: 3‘ (“M 17w! e S Cin" D?Jlsclgll:n Your Lawyer (lfyou have onefor this case) 191 N- FITS! st Name: State Bar No.2 san Jose. CA 95113 Finn Name: 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 case Number: private, you may give a difl’erent mailing address instead. You d0 not l ‘ C HO O q 8 3‘ have to give telephone, fax, 0r e-mail.) Address: 20) Present your response and any opposition at the City: E I L State: i e Zip:fl U1, hearing. Write your hearing date, time, and place Tekmmflm Fax: from form CH-109 item @here: t Hearino .9 Date: Time: E-mall Address: ° . . Date Dept.. Room. ® E Personal Conduct Orders If you were served with a Temporary Restraining Order, you must obey it until the b. do not agree to the orders requested. hearing. At the hearing, the court may make (Speczfl why you disagree in item® 0n page 3.) orders against you that last for up t0 five years. a. D [agree to the orders requested. c. D I agree to the following orders (Speczfi' below 0r in item® 0n page 3.) ® E Stay-Away Orders a. D I agree to the orders requested. bfil do not agree to the orders requested. (Specifi' why you disagree in item® 0n page 3.) c. D I agree to the following orders (specifi/ below or in item® 0n page 3): ®E Additional Protected Persons a. D I agree that the persons listed in item©of form CH-IOO may be protected by the order requested. bfl I do not agree that the persons listed in item©of form CH- 1 00 may be protected by the order requested. gifigggfigfifljflFfig'jgi”;7gmmg°:§fgag°v Response to Request for Civil Harassment CH-120. Pa9e1 of4 Code oicwn Procedure, §§ 527‘s and 527.9 Re strai ning Orders 9 (Civil Harassment Prevention) Case Number: lICl-koo qB ’b’\ ® Guns or Other Firearms and Ammunition If you were served with form ClI-l 10, Temporary Restraining Order, you cannot own 0r possess any guns, other firearms, 0r 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 0r other firearms in your immediate possession or control within 24 hours of being served with form Cll-llO. You must file a receipt with the court. You may use form CH-800, ProofofFirearms Turned In, Sold 0r Stored. for the receipt. afll do not own 0r control any guns 0r firearms. b. D I ask for an exemption from the firearms prohibition under Code of Civil Procedure section 527.9(0 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 iflhere is not enough space belou‘fbryour answer. Pulyour compleIe answer 0n (m armchcd sheer (gfpupcr and write "Altuchmwzl 6b-Firearms Surrender Exemplion " us a title. You may useform M0025. Attachment. c. D I have turned in my guns and firearms to the police or sold them to or stored them with a licensed gun dealer. A copy OfIhe receipt D is attached. D has already been filed with the court. ® D Possession and Protection of Animals a. D I agree to the orders requested. b. D I d0 not agree t0 the orders requested. (Spccifi‘ u'lz.\'}r'ou disagree in item® 0n page 3.) c. D I agree I0 the following orders (specifi‘ below 0r in item® 0n page 3): D Other Orders a. D Iagree t0 the orders requested. b. {do not agree t0 the orders requested. (Speczfl whyyou disagree in item @011 page 3.) c. I agree to the following orders (specifi' below or in item® on page 3): n Ienial l did not d0 anything described in ilcm® of form CI-l-IOO. (Skip t0® .) R°V"°°Ja"°a“/"2°‘° Response to Request for Civil Harassment CH-120v Page 2 °f4 Restraining Orders v 9 (Civil Harassment Prevention) Case Number: llcwooqsfil D Justification or Excuse lfl did some 0r all of the things that the person in CD has accused me 0f, my actions wercjustified or excused for the following reasons (explain): D Check here ifrltere is n0! enough space belowforyour answer. Putyour complete answer 0n an attached sheer ofpaper and write "Attachment I()--Ju.s‘!ification 0r Excuse " as a title. You may uscform MC-025, Attachment. ® Weasons | Do Not Agree to the Orders Requested Explain your answers to each order requested t/zatyou (10 nor agree with. D Clzcr'k [wry [f rlwrc is not enough spuvu bvlou-fozgrour answer. Putyour complete answer 0n an attached sheet ofpapcr and u'rilc "Attachment l liRcusuns I Disagree " us a rillc. You may uxcfin'm MC-025, Attachment. II’ _A A I , A \A ' ‘1. f A. tn b.‘ .I'. :I hMVL fl? It 4 d ‘pgrwnf l rWMW Rovnsed January 1. 201 B Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-1 20, Page 3 of 4 9 Case Number: lmwooqm‘ ® g No Fee for Filing a. 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 to Waive Court Fees, must befiled separately.) ® D Lawyer's Fees and Costs a. D I 85k the 001m t0 order payment Ofmy D Lawyer’s fees D Court costs. The amounts requested are: 1mm Amman hm A_msmm $ $ $ $ $ $ D Check here tftlzere are more items. Pu! the items and amounts (m (he attached sheet ofpaper and write "Attachment 13-Lanycr ’5 Fees and Costs "jbr a title. You may use orform MC-025, Attachment. b. D I ask the court t0 deny the request of the person asking for protection that I pay his or her lawyer‘s fees and costs. Number of pages attached to this form, ifany: Date: } Lawyer s name (lftmy) Lawyer 's signature I declare under penalty 0f perjury under the laws of the State of California that the information above and on all attachments is true and correct. 09 n /21 // 6muQ ’wacs - Type 0r print your name ' ' ur name RevisedJanuawtzow Response to Request for Civil Harassment CH-120- Page 40f 4 Restraining Orders (Civil Harassment Prevention) Case 4* MCHOO CmaX M Gma” Henry Nguyen Fwd: Sinue 1 message Layla Rose Tue, May 11, 2021 at 10:38 AM To: 'vnprint@gmail.com' ------- Forwarded message --------- From: Alejandra Sandoval Date: Mon. May 10. 2021 at 9:20 PM Subject: Sinue To: <|indamoren082@gmai|.com> Everything started because of a stuffed animal (Gorilla) that appeared on a tree located right in front of our unit in 1320 Foxdale, between unit 201 and unit 202. Mr. Harris Lee Winns from unit 202 did report to management at Foxdale Apartments, and was brought up to our attention that our next door neighbor, Mr. Harris, took it as me and my family being racist. During the period of time of when we had first moved in, on August 2019, we had a lot of family members coming in and out of our unit. We had been experiencing at the time the loss of my brother in law, August 10th, 2019. Which was the same exact day we moved in to building 1320 unit 201. I’d like to make it clear that | had nothing to do with the stuffed animal being placed on the tree for it did not belong to neither l or my daughters. ldid not think much of it, | had way too much going on Physically and Mentally to be paying attention to such thing as small as a stuffed animal. On August 14‘“, 2019 my wife gets hospitalized and gets a surgery performed to remove cancer she developed on her throat. On August 15th, 2019 I go into the Emergency Room and get hospitalized for my anxiety attacks which would cause me to faint, from that point, August 15th, 2019 to October, 2019. l was under medication at that point, I feel lwas not in my right mind to be out and about. l would honestly like to see evidence that would prove of me and my family being racist. I believe these are false accusations against us. We were raised to respect our elders and just a few days after management (security) came to us regarding this incident, my wife went to Mr. Harris Lee Winns to try to de-escalate things and apologize, unfortunately Mr. Harris Lee Winns did not éare for it and decided to ignore my wife. The reason for why | did not direct myself to him is because of my broken English and wanted them to have a better understanding regarding the situation. For respect towards them, I try to just look away when they are around to prevent them from thinking I want to start any trouble with them. December 26‘“, 2020. | am being accused of teaching my daughter to be racist based up on color of skin. Yet again another false accusation, it was mentioned that Mr. Harris Lee Winns and his wife have proof of this incident and I would like to see evidence to support their statements, they mention my daughter and l making signs with our hands that would appear to them as if I am pointing at their car and shooting at her. This makes me think I cannot do any hand movement what so ever in front of their house or around their vehicle, I can't even play with my daughters outside in front of our unit without them making something out of nothing just because of their preconceive notion about us. | would like to know what is it that makes them think of us in that manner? and why are they so stuck on that racist subject? My family and | know exactly what racism feels like due to experiencing discrimination against us for being Latino in the past. We feel very harassed by our next door neighbor at this point. There was a report submitted to management at Foxdale Apartments on January 215‘, 2020 by Mr. Harris Lee Winns and his wife where it was mentioned that my family purposely make extremely loud noises just to bother him and his case :w au u-roo («25$ family. There is noise at my unit but we do limit ourselves just like anyone else at Foxdale Apartments from 93m to 10pm. Had we been making extremely loud noises, our sliding doors would be broken as well as the shower door and medicine cabinet and or damaged. You guys are welcomed to come into our unit and do a walk through with my wife and l. I am aware that the apartments at Foxdale have not been renovated in many years and perhaps may be lacking an extra layers of drywall and insolation, this would be helpful for future similar incidents (noise) amongst the community at Foxdale. On April 8th, 2021 my family and l were on our way back home from doing laundry by crossing streets Story Rd. and Capitol Rd. Where I came across Mr. Harris, lthen made a U Turn to head back a different direction when | noticed Mr. Harris in his vehicle right behind me. l kept on driving when l noticed he was then following me in and out of shopping center. | purposely drove in and out the shopping center to see if he was in fact following me and not make false accusations. The only way he came to a stop was when | merged to a different lane to purposely lose him. | am not sure why he states that he feels harassed and unsafe when he is the one to harass my family and l.
