Order Temporary Restraining OrderCal. Super. - 6th Dist.January 29, 2021“y 7 Gian? sfamps dale hem when form ls filed. Temporary Restraining Order Filed ® Petitioner (Employer) _ January 29, 2021 an Name: The John Stewan Companv r J w Clerk 'Of the court Lawyer forpemoner amxorm met Eflfiii'yc’égflifcfia Name: Courtney D. Lerbrock 5mBENQ‘M 21 CH009835 Finn Name: THE LAW OFFICE OF BENJAMIN I LEIBROCK By; msorum b. Your Address ([fyau have a lawyer, give your lawyer? informarion.): Address; 340 Soq“31_A"eH“3 ’3 205 r-Tm'n court name and singer address: City: SA'NTA CRUZ Stale: CA Zip: 95062 Superior Court of California, County of Telephone: 831-600-8405 Fax 831-713-5677 3“] 'IA C191“ ‘ . 191 North Fast Street E'Mal] AddeS? info@nathanbenjaminlaw.com 191 North Film Sage; San Jose, 951 13® Employee (Protected Person) Downtown SuperiorCom Full Name: Chn‘stina Papkalinawan Coun‘ fiHs In case number When form is file d. C3) SuislfigjeBZEEHitrained Person) Case N.?bir; CH 00 9 8 3 5 Description: Seac M D F Height 5*0" Waight 125 Date ofBirfiL' 4/2/1978 HaiICoIor: Brow Eye Color: Brown Age: 43 Race: Caucasian Home Address (xfknown): 1144 South Second St. #214 City: SanJose . State: CA Zip: 95112 Rclationship to Employee: Tenant at property employee oversees. ® D Additional Protected Persons ~ In addition to the employee, the following fimfly or household members or other employees are protected by the I temporal}! orders indicated below: Full flame Six Ag; Household Member? RelafioutoEmplovee . D Yes D No D Yes D No D Yes D No D Addiu'oual protected persons are listed at the end ofthis Order on Attachment 4. Expiration Date 7712's Order apires at the end ofthe hearing scheduledfor the date and tim'e below: Date: 3‘ZE‘ZK Time: q\m wan D pm. This is a Court Order. Jflfififl‘jgfififfi,mlfigfw Temporary Restraining Order (CLETS-TWH) flgfgfi1 0‘5 coaaurcrvuprncodm.5§me mime (Workplace \fiolence Prevention) a Appmved by DOJ “I A7 Case Number: ‘CY'fi {‘l'hngmnygm T,.O the RespOnde'nt: _ i § Q3 ‘ The court has issued the temporary orders checked as granted belqw. If you do not obey these orders, you can be arrested and charged With a crime. You may have to go to jail for Iii) to one year, pay a fine 0f up to $1,000, or both. Personal Conduct Orders D Not Requested D Denied Until the Hearing a Granted as Follows: a. You are ordered not do file following things to the employee D andto the other protected persons listed in® (1) E Harass, molest, strike, assault (sexually or otherwise), barter, abuse, destroy personal property ofi 01' disturb the peace ofthe person. (2) Commit acts of violence or make threats ofviolence against the person. (3) Follow or stalk the person during work hours or to or from the place ofwork. . (4) E Contact the person, eifller directly or indirectly, in any way, including, but not limited to, in person, by telephone, in writing, by public or private mail, by e-mail, by fix, or by other electronic means. (5) Enter the workplace 0fthe person (6) E Take any action to obtain the person’s address or locations. Ifthis item is not checked, the coun has found good cause not to make this order. (7) D Other (specify): D Other personal conduct orders are attached a1 the end oftbjs Order 0n Attachment 63(7). b. Peacefill written contact through a lawyer or a process server or other person for service of legal papers relamd to a court case is allowed and does not violate this order. However, you may have yOUI papers served by mail 0n the pefinoner. ® Stay-Away Order D Not Requested D Denied Until the Hearing fl Granted as Follows: 1 You must stay at least 500 yards away fiom (check all that apply): (1) E 'Ihe employee (7) D The employee’s children’s place of child care (2) fl Each other protected person listed in@ (8) The employee’s vehicle (3) E 'Ihe employee’s workplace (9) E Other (specify: (4) E The employee’shome 11443 c . eff an o e. 'o ‘ 51 2and (5) D The employee’s school WEY (6) D The employee’s children’s school b. This stay-away order does not prevent you fi'om going 1D orfiom your home or place of employment. Thi‘s’is a Court Order. WWJW’YW” Temporary Restraining Order (CLETS-TWH) WV-‘I‘IO- Page 2°f5 (Workplace Violence Prevention) ' a '7 W CaseNUmber: ' fld hfi Janna”; E- 4r n H La _A InEm a 9M7 I Jul J No Guns or Other Firearms and Ammunition a. You cannot own, possess, have, buy orb‘y to buy, receive arty to receive, or in any other way get guns, othcr firearms, or ammunifion. ' b. You must (1) Sell to or store with a licensed gun dealer or tum in to a law enforcement agency any guns 01' other firearms in your immediate possession or control. This must be done Mthin 24 hours of being served with this Order. (2) File a receipt With the court within 43 houxs ofreceiving this Order Thai proves that your guns or firearms have been turned in, sold, or stored. (You may useform WV-SOO, Proof of Firearms Tumed In, Sold, or Stored fbr the receipt.) w c. D Tne court has received informafion thal you own or possess afimann. ® Other Orders ‘ E Not Requested D Denied Until the Hearing {:1 Granted as Follows (specifiI): D Additional orders are arached at the end of this Order 0n Attachment 9. Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into tbs California Rastlaining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunicafions System (CLETS). {Check one): a The clerk will enter this Order and its proof-of-service form into CARPOS. b. U The clerk will transmit this Order and its proof-of-servioe form to a law cnforcément agency to be entered ' into CARPOS. c. D By the close of business on the date that this Order is made, fine Employer orthe employer’s lawyer should deliver a copy ofthe Order and its proof-of-service form to the law enforcement agencies Listed below to enter into CARPOS: Name ofLaEEnforcemem Agenqg Address Ci Stare Zi D Additional law enforcement agencies are listed at fine end ofthis Order on Attachment 10. No Fee to Serve (Notify) Restrained Person Ordered D Not Ordered The shedfi or marshal will serve this Order without charge because: a. E The Order is based on a. credible flueat ofvioleuce or stalking. b. D The petitioner is entitled to a fee waiver. This is a Court Order. RWJWW-m Temporary Restraining Order (CLETS-TWH) WV-110v Page 3 0'5 (Workplace Violence Prevention) -& _\ ; 7 \ Case Number gthns"nu kg {5N Re:fi- Signed: 1i29r’2021 03:06 PM ® Number ofpages attached to this Order, if any: Dam: 1-29-2021 COVUJ4 (awréon Judicial @ficer 'Warnings and Notices to the Restrained Person ine You Cannot Have Guns or Firearms You cannot 0WD, have, possess, buy or u-y to buy, receive or 11y to receive, or otherwise get guns, otherfireanns, or ammunifion while this Order is in eEecr. Ifyou do, you can go to jail and pay a $1,000 fine. You must sell to or store With alicensed gun dealer ortum in to a law enforcement agency any guns or other firearms that you have or connol as staied ' in item. above. The court will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order Ifyou have been personally served with this Tempomry Remaining Order and form WV-109, Nofice ofCourtHearing, but you d0 not appear at thc hearing cifilcr in person 0r by a lawyer, and a restIaining order that is the same as this Temporary Restraining Order except for the CJth-ation date is issued at the hearing, a copy ofthe orderwill be served on you by mail atthc address in item© Ifthis addless is not conect or you wish t0 Verify that the Temporary Restraining Order was converted into a restraining order at the hearing Without substanfive change, 0r to find out the duration ofthB order, contact the clad: ofthe court. After You Have Been Served With a Restraining Order - Obey all the orders. Any intmm'onal violation ofthis Order is a misdemeanor punishable by a fine or by imprisonment in a county jail, or by both fine and imprisonment. (Pen. Code, § 273.6.) c Read form WV-lQO-INFO, How Can IRespond r0 a Pemionfor Orders r0 Stop Workplace Vz’olencefl to leam 'how to respond to this Order. - Ifyou want to respond, fill out form WV-IZO, Response to Perifionfor Workplace Violence Resrraim'ng Orders, and file it with fine court clerk. You do not have to pay any fee to file your I33ponse ifthe petition claims that you threatened violence against or stalked the employee, or placcd the employee in reasonable fear 0fviolence. o You must have form WV-IZO served on the petitions: 0r the petitioner’s attomey by mail. You cannot do this yourself. The person who does the service should complete and sign form WV-ZSO, ProofofSenJice ofResponse byMail. File the completed proof of service with the court clerk before the hearing date or bring it with you to the hearing. - 1n addition t0 the msponsa, you may file and have declarations served, signed by you and other persons who have personal howledge of the facts. You may use form MC-O30, Declaration, for this purpose, It is available fi-om the cletk’s ofice ax the court shown 0n page 1 oftbis form or at www.courts. cagov/forms. Ifyou do not know how to prepare a declarafion, you should see a lawyer. - Whether 01' not you file a response, you should attend the hearing. Lfyou have any witnesses, they must also go to the hearing. - At the hearing, the judge can make restraining orders against you that last for up to three years. Tell the judge why you disagree with the orders requeste¢ This is a Court Order. Rmmmtm Temporary Restraining Order (CLETS-TWH) WV-“Ov Page 4°f5 (Workplace Violence Prevention) 9 W 7 cas"’~:i=m%=fi U a 9 8 $5 Infst'ruictiOné far,.Law Enforcement Enforcing the Restraining Order This order is enforceable by any law enforcement agency that has received the order, is shown a copy ofthe order, or has vexified its en‘stence on the California Restraining and Protecfive Orders System (CARPOS). Agencies are encoumged to enter violafiou messages into CARPOS. Ifthe law enforcement agency has not received proofof service on the restrained person, the agency must advise the remained petsorl 0fthe terms ofthe order and then must enforce it. Violations ofthis order are subject to criminal penalties. Start Date and End Date of Orders This order starrs'on the dam nextto thejudge’s signature on page 4. The order ends on the expiration dale in item 5 on page 1‘ If the Protected Person Contacts the Restrained Person Even if the protected person invites or consens to conmct with the restrained person, this order remains in efiect and must be enforced. The proteoted person cannot be amsted for invifing or consenting to contact with the restrained person. The order can be changed only by anomer court order. (Pen Code, § 13710(b).) Conflicting Orders-Priorities for Enforcement If more than one restraining order has been issued, the orders must be enforced according to the following priorities: (See Pen. Code, § 1362, Pam. Code, §§ 6383(h)(2), 6405(b).) 1. EPO: Ifone ofthe Orders is an Emergency Protective Order (form EPO~001) and is more restrictive than other remaining or protecfive orders, it has precedence in enforcement over all other orders. 2. No Contact Order: Ifthere is n0 EPO, a no-contact order that is included in a restraining or protective order has precedence over any other remaining or protective order. 3. Criminal Order: Ifnone offlne orders includes a no contact order, a domesfic violence protective order issucd in a cximinal case takes precedence in enforcement over any conflicting civil court order. Any nonconflicfing terms of the civil restraining order remain in effect and enforceable. 4. Family, Juvenile, or Civil Order: Ifmore than one family, juvenile, or other civil mstmim'ng or protective order has been issued, the one that was issued last must be enforced. (Clerk willfill our this part.) --Clerk's Certificate- Clerk 's Certificate I certify that this Temporary Restraining Order is a hue and concct ccpy ofthc [seal] original 0n file in the court Date: Clem by ’ Deputy This i's é Court Order. Rm“mm 1‘ 2°” I Temporary Restraining Order (CLETSHTWH) WV-110- P399 5 °f5 (Workplace Violence Prevention)