Response Petition Civil Harassment Workplace ViolenceCal. Super. - 6th Dist.February 9, 2021Response to Request for CivilCH4 20 Harassment Restraining Orders lerk stamps date here when form is filed. Use this form to respond to the Request (form CH-100) . Rcud How ( 'un l Ruspum/ m u chuux‘lfln‘ ('iw'l Ilarmxmunl Iemmmmg()rdmvum-m01-120-1Nrmmprotectymrrigms. F I L E D APR " l 2021 ° l-‘ill oul this form and lukc it l0 [he court clerk. . Have someone age 18 or oldcr-not you-servc the person in G) or his 0r her lawyer by mail with a copy ot‘this form and any attached pages. (Lis'c/m-m ('II-250. Proofof Service ot' Response by Mail.) Person Seeking Protection Full name ot‘pcrson seeking protection (seejbrm (‘H-IOU, ilem®): Ahmad Amirriazi Aer address: Superior CoMCMrnia, County of ® Person From Whom Protection Is Sought a. Your Name; Kcvm lzshicman Your Lawyer ([l'yuu hare wwfor IIH'S case) Name: State Bar No.2 Firm Name: b. Your Address ([fyou have a lamwr, givcyum' lawyer 's information. I/you a'u no! have a luujver (md wunr Io keep your home address private. y(m may give u different mailing address instead. You (/0 nol 3 l CH009856 have Ia give Iclep/umc. flux or c-muil.) Address: 1333! szl l)r Coun fills in case number when form is filed. Case Number: Cil):_l_vffl___.___ Slulc: Zip: 95033 'l‘elcphonc: 403-03 l '541/8 Fax: [54mm Address; kcvmcshlcmangflhotmalLoom ® D Personal Conduct Orders a. D l agree to the orders requested. b. E l do not agree to the orders requested. (Specifi' w/Iyyuu (/ixugree in ilcm® 0n page 3.) Present your response and an} opposition at the hearing. Write your hearing dale. time. and place from form CH-109 ilcm©hcrcz . Date: 4/0/2031 Time: 9AM Hearing -_ ___ Date I Dept.: 4 Room: Ifyou were served with a Temporary Restraining ()rdcr, you must obey it until the hearing. At the hearing, the court may make orders against you that last for up lo five years. c. D I agree t0 Ihc folim 'ing orders (Specify bylaw 0r in item® 0n page 3.) ® D Stay-Away Orders a. D l agree lo the orders requested. b. E I do not agree 10 the orders requested. fiS‘peci/jr wl1_1'_mu disagree in item® (m page 3.) c. D I agree 10 the following orders (vpccifiv below 0r in ilem® 0n page 3): (ED D Additional Protected Persons 21. E] l agree that the persons listed in item @of form CH-IOO may be protected by lhe order requested. b. E I do not agrcc that the persons listed in item ©0Hbrm CH-IOO may be protected by the order requested, JudvualCouncnlolCaMorma wwwcounsca gov Response to Request for Civil Harassment CH-120, Page 1 Of4Rewsed Januavy 1 201B Mandalay Form Codechuvanrocedure §§ 5276mm 5279 Restraining Orders 9 (Civil Harassment Prevention) Case Number: G) ® Guns or Other Firearms and Ammunition lf you wcrc served with form CH-l 10, Temporary Restraining Order, you cannot own or possess any guns, other firearms, or ammunition. (Sec item® 0f form CH-l 10.) You must sell t0 0r store with a licensed gun dealer, 0r turn in t0 a law enforcement agency, any guns 0r other firearms in your immediate possession or control within 24 hours 0f being served with form CH-l 10. You must file a receipt with the court. You may use form CH-800, Proofof Firearms Turned In, Sold 0r Stored, for the receipt. a. E l do not own or control any guns 0r firearms. b. D l ask for an exemption from the firearms prohibition under Code ofCivil Procedure section 527.9(0 because carrying a firearm is a condition ol'my employment, and my employer is unable to reassign me to another position where a firearm is unnecessary. (Iivpluin): D Check here [flhcre is no! enough space halt)\|j/Oi'_v()zu' answer. Pu! your complete answer 0n (m attached slice! Ql'paper am! write “Alluchmwll 6b-Firearms Surrender Exemption " as a Iille. You may useform MC-025. Attachment c. D l have turned in my guns and firearms to the police or sold them t0 or stored them with a licensed gun dealer. A copy 0fthc receipt D is attached. D has already been filed with the court. D Possession and Protection of Animals a. D l agree 10 (he orders requested. b. D l do not agree lo lhc orders requested. (.S'l)ec'[/_i' wll'xywm disagree in item ®on page 3.) c. D | agree l0 the following orders (specify below 0r in item® 0n page 3): D Other Orders a. D l agree Io the orders requested. b‘ E l d0 not agree to 1h." orders requested. ($leij wlngvmt disagree in item ® 0n page 3.) c. D l agree t0 the following orders (waif? below m- in ilem® 0n page 3): E Denial I did not do anything described in item® ofform CH-IOO. (Skip 10® .1 R°"‘e°“"“a”‘ 2°” Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-1 20, Page 2 of4 -> Case Number: D Justification or Excuse lt’l did some or all ot‘lhc things that the person in G) has accused me of. my actions were justified or excused for thc follo“ ing reasons (explain): D Check hcre [/‘I/Icrc' ix no! enough .vpace be/uwjbryour unxwer. I’uuyuur complete answer on an (Illaclled sheel (3fpapcr um! write “Altuc/unenl l(P-szli/icaliun 0r livcuse" as (I title. You may usejbrm MC-025, Attachment. ® E Reasons l Do Not Agree to the Orders Requested livp/ain your unxwers Ia L‘nclz order requested Illa! you du nu! agree will]. E Check here [f'I/Icre is no/ enough space bc/owjbrflnu' answer. I’m your complete answer (m an attached sheet ()fpupcr um] wrile "Alluchmenl l l-Rcm’uns I Disagree " us u Iillc. You may use/brm MC-025. Attachment. Revasod January 1, 2018 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-1 20, Page 3 of 49 Case Number: ® E No Fee for Filing a. E I request that l not be required to pay Ihc filing fee because the person in®claims in fonn CH-lOO itcm @10 be entitled to free filing. b. D l request that I not be required lo pay the filing fee because I am eligible for a fee waiver. (Form FW-001, Request t0 Waive Court Fees, must befiled separately.) ® D Lawyer's Fees and Costs a_ D l ask the court to order payment ofmy D Lawyer’s fees D Court costs. The amounts requested are: fig]; Amount m Amount $ $ $ $ $ $ D Check here iflhere are more items. Pu! the items and amounts on the attached sheet ofpaper and write "Altaclmzenl l3-Lawyer 's Fees and Costs "jbr a title. You may use orform MC-025, Attachment. b, D l ask the court lo deny the request ofthe person asking for protection that l pay his or her lawyer’s fees and costs. Number of pages attached to this fonn, ifany: 5 Dale: Lawyer 5 "amt” (!/a’7.\’/ Lawyer's signalure l declare under penalty of perjury under the laws ofthc State ofCalifornia that the information above and on all attachments is true and correct. Date: 5/30/1021 Kevin Eshleman x \ Type or prim your name fig): your name Rev'smamw‘ 2°16 Response to Request for Civil Harassment CH-120u P3964“ Restraining Orders (Civil Harassment Prevention) MC-025 SHORT TITLE: CASE NUMBERfl Reasons I Do Not Agree to the Orders Requested 2 l CH009856 ATTACHMENT (Number): 1 (This Attachment may be used with any Judicial Council form.) This statement describes the reasons why I do not agree with the inaccurate and false accusations made in the baseless request for a civil harassment restraining order fabricated by Ahmad “Arash” Amarriazi. Arash's accusations of past incidents are untrue. misleading. and deceptive. and do not even begin to accurately depict the reality of my actions or the entire situation at hand. Arash's claims do not include any context or take into account the gross misconduct of himself and his spouse Jill that my family and l have endured. Since Arash and Jill purchased the property next t0 ours over two years ago, we have experienced numerous occurrences of illegal behavior, harassment, intimidation, threats, damage to our property, trespassing, and theft by Arash and Jill that I will explain in detail. l believe that Arash and Jill‘s anger and erratic and absurd behavior are directed toward me out of retaliation and holding a personal vendetta for their unwillingness to accept the property line 0r the consequences due to their own negligence for not obtaining the proper county permits for the work they have done on their property, resulting in the accumulation 0f multiple violations including a "Stop All Work Order" and ongoing fines issued by the Santa Clara County Code Enforcement Division. [want to be clear. THERE IS NO DISPUTE REAGARDING THE PROPERTY LINE. Arash and Jill are fully aware of the property line. This is evident when they demolished and removed our shed. This is the same property line they used t0 determine whose property the shed was 0n. We are requesting that Arash and Jill remove any part 0f their house that is 0n our property. including steps and sewer pipe. stop harassing us, and quit calling the sheriff regarding the property line. There is more than sufficient evidence documented including past recorded surveys, current survey. parcel maps, title deeds, and Arash and Jill's own Property Site Plan. If they want lo get their own survey done then they should. But to this point they have not chosen to do that. What they have chosen to do is harass, intimidate. and stop us from removing their sewer pipe and to keep me from finishing my fence. It would have been easy for us tojust remove their sewage pipe.just like they chose to remove our shed. Instead, out of empathy, we have given them time and multiple warnings to remove it themselves. Their broken sewage pipe is a environmental hazard and liability for injury. Lastly, it is time and well overdue for Arash and Jill to accept the fact and come to terms that the house they purchased came with risks and it was their responsibility to d0 their own due diligence which they did not. Any tension between myself and Arash and Jill have been provoked, instigated. and perpetuated by Arash and Jill, which has pressured me to need to defend and protect myself, my family, and my property. In actuality, my family and l have been the victims of harassement by Arash and Jill and our rights have been violated. Their tactics are to blame as well as complain and then try to make demands. force, lie, attack, bully, and intimidate us. (If the item that this Attachment concems is made under penalty ofperjury, all statements in this Page 1 of 5 I ‘ .Attachment are made under pena (y olperjury) (Add pages as required) Form Approved V0! Ophonal Use ATTACHMENT www coumnfo ca gov Judicial Councu of Calflornxa Mcozisev Jum 20091 to Judicial Council Form MC-025 SHORT TITLE: CASE NUMBER- Reasons l Do Not Agree l0 the Orders Requested 21CH009856 7 ATTACHMENT (Number): " ( This Artachment may be used with any Judicial Council lorm.) Below are Ihc requests made by Arash and Jill, followed by the reasons l disagree them: "Redirect recording devices to encmnpass his property and not mine..." In order for our security cameras Io monitor our home and property, there is no other way t0 redirect our cameras without having thc neighbor's house in vicw because their house is encroaching on our property and has no setbacks Having security cameras is vital to protect our property and family because 0f previous actions donc by Arash and Jill (Arash and Jill broke out our concrete patio to install their sewer pipe on our property withou! our permission 0r knowledge seven propelty line survey markers have been removed 0r gone missing our septic tank contml panel and fence were damaged when Arash and Jill illegally without permit cut down a large growth redwood trcc, Arzlsh and Jill dcnmlishcd and remmed our shed. Amsh spray painted 0n our pavers. lastly. Amsh illegally without permits used a Iractor/loadcr and dug out the back 0f a shared hillside creating a Iandsidc hazard t0 ourselves 21nd lhe neighbor above). Sce pictures and County violations. "D0 um engage verbally with us in any way unless required for property line issues" l want to be clear. THERE IS NO DISPUTE REAGARDING THE PROPERTY LINE. Arash and Jill are fully aware 0f Ihc property line. This is evident when they demolished and removed our shed. This is the same properly linc they used t0 determine whose property the shed was 0n. We are requesting that Arash and Jill remove or rc-routc their scwcr pipe that is (m our property. slop harassing us. and quit calling the sheriff regarding Ihc property line. There is more than sufficient evidence documented including past recorded surveys. current survey, parcel maps, titlc dccds. :md Arush 21nd Jill's own Properly Sitc Plan. They are only trying to harass, intimidate, and stop us from removing their sewer pipe and to kccp mc from finishing my fence. It would have bccn easy for us Iojust remove Ihcir sewage pipc.just like they chose I0 remove our shed. Instead. out of empathy‘ wc have given them time and multiple warnings to remove it themselves. ”Keep his guests from cnuzzqsng verbally. physically threatening me..." On April 21 , 2020, my contractor and l were building a fence on my property (see letter of survey completed and pictures 0f survey markers). Amsll came outside and started harassing us by videoing him with his phone. My contractor fell threatened by Arash. When asked to stop vide()ino,Arash would not. My contractor exchanged words with Arash and I was not involved. "D0 not damage. cap. 0r change the broken drainage pipe" Arash sccrctively damaged our personal property and lrcspussed when they broke out our concrete and installed Ihcir sewage pipe 0n the corner 0f my property without permits and/or my permission. On July 7, 2020. | was working 0n my property zmd Arash and Jill came out and began lo video me. l felt that l was being harassed. 21nd said to them "You need lo remove your sewage pipe from our property. l have the right to remove it myself if you don't because it‘s 0n our property illegally and it's an environmental hazard". l notified the County Building Inspections office about the pipe and Arash and Jill were issued a notice of correction (see copy of notice 0f correction issued from county 0n 7/9/20). (If the item (ha! this Attachment cc:..;ems is made under penalty of perjury, all statements in (his Page 2 of 5 Attachment are made nder anal! 'of e ' . .u p y p au’y) (Add pages as required) Form Approved lor Ophonal Use ATTACHMENT www courtinlo cagov Judlcnal Councd o! CaMorma mcozslaev Jum 2009] to Judicial Council Form MC-025 SHORT TITLE: CASE NUMBER_ Reasons l Do Not Agree to thc Orders Requested 2ICHOO9856 ATTACHMENT (Number): 3 (This Attachment may be used with any Judicial Council lomw.) It's important [0 note that since thc day | received the paperwork requesting 21 restraining order, both Arash and Jill have tricd t0 provoke mc t0 violate i1 m least six times. On 2/I3./\rash approached me. pulled out his phone. and began l0 video me. On 2/23.Arash and Jill called the sheriff accusing me 0f not redirecting my security camera. N0 report was taken. On 3/6, Jill stops when backing out of her driveway and takes a picture ofour house and me. On 3/7. Arash stops in his truck and videos mc 0n my porch. On 3/9,Arash and Jill and Arash again call the sheriff accusing mc 0f not redirecting my camera. N0 report was taken. On 3/10/2l Arash and Jill again call the sheriff for the same reason, complaining of our cameras. N0 report was taken. I have Izlkcn this opportunity t0 lay out u detailed timelinc and have attached supporting documentation describing lhc history 0f harassment and illegal actions done 10 myself zmd my family by Arash and Jill beginning in April 0f ZOI‘). and would like t0 highlight a few specific incidences below: - Encroachcd 0n our property by rebuilding the corner nt' their house 0n our properly ° [Destroyed personal property by breaking 0m concrete Io install their sewage line ()n our property without our knowledge nr permission. ° Excavated our shared hillside without :1 grading permit which creates a risk for a potential landslide. They are currently in violation with lhc county. - Demolished and removed our shed 0 Damaged our septic system control panel and fence while illegally culling down a redwood tree without permits ° Vandalized the pavers on our driveway and road with spray paint as a threat t0 block t0 road's easement shared by the community - Fivc 0f our survey markers "mysteriously" disappeared. The sheriff asked if we wanted to press Charges and begin an investigation. Instead 0f pressing charges. wc requested the sheriff contact Arash and tell him to stop stealing our survey markers. We have only 3 0f Ihc 8 left. - Harassed myself. my family. contractor. and surveyor verbally and physically ° Baiting me six limes lo violate the temporary restraining order by videoing and taking pictures 0f me in my own yard. 0 Falsely accused me 0f violating the temporary restraining order by calling the sheriff on three different occasions in a two-wcck period for same reason (no report was cvcr taken) Timelinc 0f Events: 4/3/2019 Arash and Jill illegally. and without permit. begins to chop down a large growth redwood tree. In the process. branches fall down on our property causing damage to our shed, septic control panel, fence, and car. Neighbor never offers to pay for damages. County is notified and violation issued, neighbor stops until permit granted. (Pictures and c-mzlil as evidence) 6/8/2019 Arash and Jill sends us notice threatening to [ear down our shed if we do not remove it ourselves. Disregards encroachment agreement and claims it’s not valid. (Sec letter) (II (he item mat Ihis Attachment concems is made under penalty ofpe/jury, all statements in this Page 3 of 3 l f ’ .Attachment are made under pena (y o perjury) (Add pages as requiled) Form Approved vor Optional Use ATTAC HMENT www coumnlo ca gov JudIc-al Councn o! CaMoIma MCWSIREV Ju'v‘ 2°09! to Judicial Council Form MC-025 SHORT TITLE: CASE NUMBER- Reasons I D0 Not Agree 10 the Orders Requested 21CHOO9856 ATTACHMENT (Numbel): 4 . (This Attachment may be used with any Judicial Council fonn) 8/12/2019 Arash and Jlll send over 2 workers 10 our house unannounced. We are at work but our 2 daughters are home. Workers bang on our front door for over 15 minutes. Our daughters arc scared that people are trying to break into the house. Daughter calls me frantic so I rush home. Workers then break into our shed and start removing personal items. 8/13/2019 Arash and Jill again threaten t0 tear down the shed. Sheriff is called and advises the neighbor to reconsider and says it‘s a civil issue and docs nothing. Neighbor then dcmolishes our shed. (See pictures) 8/13/2019 While Arash is taking down our shcd I begin l0 remove the their trash and debris that he has been storing 0n our property for over a year and throwing it back onto his property. Arash becomes extremely irate and out 0f control. Hc begins 10 physically assault me by throwing rocks at me as well as swinging pieces of boards with nails 0n Ihc end 0f them. He erratically swings at me trying l0 hit my legs and feet. While this is happening. hc is screaming “ My property, my property!" lO/l 1/2019 Arash uses spray paint as a sign of intimidation to deface our driveway and the shared road of Vina Dr. He paints lines 10 show what he thinks is his property line and threatens to put up a fence to block the easement 0f the shared road. All the neighbors in the area are angry at his unprofessional actions. (See pictures provided) 2/9/2020 Arash begins t0 illcgally grade property without permit. County issues a grading violation and all grading must stop. Before the County catches the activity. neighbor is able to cut out a very large area ofthe shared hillside putting our property and the property 0f the above neighbor in danger 0f erosion and potential landslide. He also pushes large amounts 0f dirt onto our property (See pictures as evidence) 2/12/2020 After Arash receives the grading violation from the County he becomes irate. In another display of intimidation and hostility toward us and the mher neighbors hc spray paints another line over the other one but this lime uses a green color. (Sec pictures and grading violation) 2/2l/2020 County inspectors come out m property and issue another code violation and a "Slop All Work Ordcr" due to Arash trying 10 install illegal leach field. Also issue order to Arash to clean all his trash and debris [hat is on our properly. 3/19/2020 l have our properly surveyed and field marker stakes arc placed to identify the existing monuments and markers that arc recorded on previous county survey. the property line .(See letter, previous surveys and pictures attached) 4/5/2020 Arash and Jill are issued a notice Io pelform erosion control to slop tracking mud from his property onto the shared road/eascmcnt of Vina Dr. In u sign of defiance and aggression he purposely disregards order over the course 0f scvcrul weeks and tracks mud all up and down the road infuriating neighbors. (See pictures) 4/2-4/6/2020 I begin l0 put in fence posts lo protect my self and my property from the neighbor. While In the process we uncover that the neighbor illcually without my permission dug out a trench and laid his sewer pipe underneath my property. (See video 21nd pictures) 4/21/2020 Arash began l0 video our contractor building the fence along our property line. The contractor felt harassed by Arash's actions. 5/2/2020 Three property line survey markers were stolen (I believe taken by Arash). (If the item that (his Atlachmen! concems is made under penalty of perjury, a/I sratements in this Page 4 of 5 Anachmen! are made under penalty of perjury.) (Add pages as required) Fonn Approved for Optional Use ATTACHMENT www coumnlo ca gov JudICIal Councu cl CaI-Vorma mcozslnev Jam 2009} to Judicial Council Form MC-025 SHORT TITLE: CASE ~uMeER "' Reasons I Do Not Agree to the Orders Requested 21CHOO9856 ATTACHMENT (Number): 5 _ . This Aflachment may be used with 3an Judicial Council form.) . . . 5/12/2020 l received an email rom my survey company that JI l was relentlessly calling and emailing them with questions about the survey work they had done. The survey company told us they were going to begin billing us for their time if they continued to correspond with her. She was instructed t0 speak to our lawyer with any further questions regarding the survey. 5/3/2020 I was installing a fence post in the holes l had dug on my property (see letter of survey completed and pictures of survey markers). Arash came up to me and began kicking dirt into the wholes and saying “see that one?” (see picture and video). I did not say anything in response and left. 7/7/2020 While trying to cover up their cracked sewage pipe which was illegally placed on our property, Jill and Arash come out of their house and begin t0 video me. I told them t0 remove their sewer pipe off our property and called the County Building Inspection Office. They were issued a notice of correction (see copy of notice of correction on 7/9/20). 10/13/2020 A guest of Jill and Arash burn out on the rock in their driveway, leaving rocks all over the shared road which they did not bother t0 clean up. On 10/14/2020. county requested that rock be cleaned up by Jill. 10/19/2020 l noticed that twn more survey markers were removed. Sheriff was called and after showing the sheriff the missing survey markersJ was asked ifl wanted to be the victim of a crime and press criminal charges. I declined to press charges but requested that the Sheriff call Arash and inform him that it is illegal to remove property line markers. When sheriff called Arash, Arash told the sheriff “l have no idea what you are talking about.” 2/12/2021 Arash and Jill serve me with paperwork requesting a temporary restraining order. 2/13/2021 One day after serving us with legal papers for a request to place a restraining order against me, Arash intimidates and harasses me by walking right up to the back of my fence and videos me with his phone while I am sitting in my patio chair. (See video evidence) 2/23/2021 Arash and Jill call the sheriff t0 complain that we are not obeying the temporary restraining order. They claim our cameras are not redirected. Sheriff investigates claim, no report was taken, sheriff says we have not done anything wrong and states that we have the right to have cameras. Sheriff tells Arash that he cannot bait me through intimidation. 3/6/2021 As Jill backs out of her driveway, she rolls down the window and takes a picture of our house and of me. 3/6/2021 As I walk out my front door, Arash pulls up his driveway in his truck. stops and takes out his phone. and starts to video me. 3/9/2021 Arash and Jill call the sheriff again for the same reason as on 2/23/21 , complaining that I had not redirected my security camera. No was report was taken. Even though the sherifftold me it was within my rights to keep the camera. Neighbors denied to the sheriff that they had videoed or taken pictures of us in the past few days. 3/10/2021 Arash and Jill again call the sheriff for the same reason as on 2/21/21 and 3/9/21 , complaining of our cameras. N0 report was taken. (If the item mat this Attachment concerns is made under penalty ofperjury, all statements in this Page 5 oi 5 Attachment are made under penalty o! perjury.) (Add pages as required) Form Approved tor Optional Use ATTACHMENT www ooumnlo ca 90v Juanaal Councnlo'CaMom-a . . . Mcozstaev July 1, 20091 to JudICIal Councnl Form