Response Petition Civil Harassment Workplace ViolenceCal. Super. - 6th Dist.January 28, 2021Respu-..-e to Request for Civil Harassment Restraining Orders Use this form to respond to the Request (form CH-100) . Read Hm'.‘ Can I Respond t0 u chuexljbr Civil Harammcn! Restraining Orders? (form CH-lZO-INFO) t0 protect your n'ghts. - Fill out this form and lake it to the court clerk. . Have someone age 18 or older-not you-servc the person in ® or his or her lawyer by mail with a copy 0f this form and any attached pages. (Useform CH-250, Proof of Service of Response by Mail.) Person Seeking Protection (1mg “MK Full na e ofpcrson seLngéprotect” (w; form CH-100 item@): ( amps date here when form is filed. I L E D MAR l 6 2021 Clerk of the Court Supodov Coun o! CA County ol Santa Clam BY DEPUTY Fill in court name and street address: Superior Court of California, County of ® Person From Whom ProteslviQn ls Sought a, YourName. é) lmiA [8771M - Your Lawyer (ifyou hare oncjbr this vase) Name: State Bar No.2 Finn Name: Superior Court Clvll Dlvlslon 191 N. FlrstSl San Jose, CA 95113 b. Your Address ([fyou hare a lawyer, give your Iauj‘er 's information. Ifyou (1'0 n0! hare a Ianj'er and want Io keep your home address case Number: private, you may give a dijfercn! mailing address instead. You do no! hare r0 give Ie'le’phone. fax, 0r e-mail.) Address: City: son $30, State: CA Zip: qflflg Telephone: Fax: zlcdHoOqggt E-mail Address: b Personal Conduct Orders a. D [agree Io the orders requested. b. M l do not agree to the orders requested. (Specify why you disagree in item® 0n page 3.) Present your response and any opposition at the hearing. Write your hearing date, time and place from form CH-109 item© ere: Hearing _) Date: Z( Time. g 06 Date Del)“ Room:__ lfyou 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 0r in item® 0n page 3.) ® m Stay-Away Orders a. D Iagree to the orders requested. b. m l do not agree to the orders requested. (Specifi- whyyou disagree in item® 0n page 3.) c. D I agree to the following orders (specifi/ below 0r in item® on page 3): ® fl Additional Protected Persons a. D I agree that the persons listed m item ©of form CH- 100 may be protected by the order requested b. m i do not agree that the persons listed m item ©of form CH-IOO may be protected by the order requested. ”°"a'c°“"°"°’°a'"9'"“'W’WWW Response to Request for Civil Harassment Restraining Orders -> Rensed January 1. 201d, Mandatory Furm Code o! Cin! Procedure‘ §§ 527 6 am 5&7 9 CH-120, Page 1 of4 (Civil Harassment Prevention) vase Number: UCHOOQSBI @ Guns or Other Firearms and Ammunition If you were served with form Cll-l 10, Temporan' Restraining Order, you cannot own or possess any guns, other firearms, 0r ammunition. (See item® of form Cll-llO.) You must sell t0 or store with a licensed gun dealer, or turn in t0 a law enforcement agency, any guns 0r other firearms in your immediate possession or control within 24 hours of being served with form Cll-l 10. You must file a receipt with the court. You may use form CH-800, ProofofFirearms Turned 1n, Sold 0r Stored, for the receipt. a. N I do not own or 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 ifthere is no! enough space belowforyour answer. Putyour complete answer 0n (m attached sheet ()fpaper and write “A (mchmcnr 6b-Firearms Surrender Exemplion " as a title. You may useform MC-025, Attachment. I c. D I have turned in my guns and firearms Io the police 0r sold them (0 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 I agree Io the orders requested. b. D I do not agree t0 the orders requested. (Specifi' whyyou disagree in [rem® on page 3.) c. D I agree t0 the following orders (specifi' below 0r in item® on page 3): D Other Orders a. D I agree Io the orders requested. b. D I do not agree to the orders requested. (Specify whyynu disagree in item® 0n page 3.) c. U I agree to the following orders (specifi' below or in item® on page 3): fiDenial Idid not do anything described in itcm® of form CH-IOO. (Skip to® .) R°V““Ja"“a'V‘-2°‘8 Response to Request for Civil Harassment CH-12°v P8992 °f4 Restraining Orders . 9 (Civil Harassment Prevention) '5 Number: ' [ ZICHooq83l fl Justification or Excuse If I 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 not enough space belowfor your answer. Putyour complete answer 0n an attached sheet ofpaper and write "Attachment 10-Justificati0n or Excuse " as a title. You may useformMC-025, Attachment. ®f Reasons I Do Not Agree to the Orders Requested x Iain your answers to each order requested that you d0 not agree with. Check here ifthere is not enough space belowfor your answer. Put your complete answer on an attached sheet ofpaper and write "Attachment Il-Reasons I Disagree " as a title. You may useform MC-025. Attachment. h-n-1 u L /‘ - -~ me km“, ‘DYNUVT ML Hom bang koma “mm W} mgmors {WA win m Lo hue. qcr ugaArxoM. R"‘““a""a”"2°“’ Response to Request for Civil Harassment CH-120. Page 3 of4 Restraining Orders -> (Civil Harassment Prevention) Z‘W'Ho o 4831 ® m No Fee for Filing a. E I rcquest 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 ask the court to order payment ofmy D Lawyer’s fees D Court cosm The amounts requested are: hm Amman 11m Amgum $ $ $ $ $ $ D Check here zfthere are more items. Put the items and amounts 0n the attached sheet ofpaper and write "Attachmen! 13-Lanyer 's Fees and Costs ”for a Iitle. You may use orform MC-025, Attachment. b. D I ask the court to deny the request 0f the person asking for protection that I pay his or her lawyer‘s fees and costs. Number of pages attached to this form, if any: Date: b Lawyer 's name (if(my) Lawyer 's signature I declare under penalty of petjury under the laws of the State of California that the information above and on all attachments is true and correct. Date: Z)! [51/1 I 63mm “Tawd . Type or print your name Sign your name RmedJanuarw-m Response to Request for Civil Harassment CH-120. Page4 0M Restraining Orders (Civil Harassment Prevention) 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 reportto 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 brotherin law, August 10‘“, 2019. Which was the same exact day we moved in to building 1320 unit 201. I’d like to make it clear thatl had nothing to do with the stuffed animal being placed on the tree for it did not belong to neitherl or my daughters. | did not think much of it, I 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 cancershe developed on herthroat. On August 15‘", 2019 lgo into the Emergency Room and get hospitalized formy anxiety attacks which would cause me to faint, from that point, August 15‘", 2019 to October, 2019. I was undermedication at that point, | feel I was not in my right mind to be out and about. I would honestly like to see evidence that would prove of me and my family being racist. | believe these are false accusations against us. We were raised to respect ourelders and just a few days after management (security)came to us regardingthis incident, my wife went to Mr. Harris Lee Winns to try to de-escalate things and apologize, unfortunately Mr. Harris Lee Winns did not care for it and decided to ignore my wife. The reason forwhy ldid not direct myself to him is because of my broken English and wanted them to have a better understanding regardingthe situation. For respecttowards them, ltry to just look away when they are around to prevent them from thinkingl want to start any trouble with them. December26'", 2020. l am being accused of teaching my daughterto be racist based up on color of skin. Yet again anotherfalse 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 theirstatements, they mention my daughter and I making signswith our hands that would appear to them as if | 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. Iwould 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 andl know exactly what racism feels like due to experiencing discrimination against us for being Latino in the past. We feelvery harassed by our next door neighborat this point. There was a report submitted to management at Foxdale Apartments on January 21", 2020 by Mr. Harris Lee Winns and his wife where it was mentioned that my family purposely make extremely loud noisesjust to botherhim and his family. There is noise at my unit but we do limit ourselvesjust like anyone else at Foxdale Apartments from 9am to 10pm. Had we been making extremely loud noises, our sliding doors would be broken as well as the showerdoorand medicine cabinet and or damaged. You guys are welcomed to come into our unit and do a walk through with my wife and |. | am aware thatthe 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 communityat Foxdale. \In'r hcmr “”1?! v.14 .‘mu': v. L‘Ihm ".'\..;, 11- Mk? o‘f‘ b\‘(fl .\I‘.~'( 1c“! . \n- \Mt L: .Lprmfi ml, M. f". C" 6.1.": -u‘ma. ..;. ._ "I Vii a.-"l ‘1. a . .m “L_"L. .k‘hris‘. L‘. L- £'-. u‘uJ. “-J "NVLLH .2“. 1.1!! .‘ .. _ (u .. . 4...: ... . .1. ~ .'.‘"...',I .. v '. .. '| Fix“ ‘mt “Y: n9: {\f'w '. ‘4‘ i .'..'. “x". J .‘, . I .‘HH 2".“ Mfl lL'mvv m c‘m‘ nri IJ-n- . Iu-tu H: \S “L1 p.136“ UN: “WM? L”. '(H' ".«.LLI L NA pudfd: LS, DudW" liul bl NHI “U 1“" . 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