Response Petition Civil Harassment Workplace ViolenceCal. Super. - 6th Dist.February 10, 2021CH 120 Response to Request for Civil Harassment Restraining Orders Use this form to respond to the Request (form CH-100) . Read How Can I Respond to a Request for Civil Harassment Restraining Orders? (form CH-120-INFO) to protect your rights. • Fill out this form and take it to the court clerk. . Have someone age 18 or older-not you-serve the person in t or his or her lawyer by mail with a copy of this form and any attached pages. (Use firm CH-250, Proof of Service of Response by Mail) Person Seeking Protection Full name of person seeking protection (see form CH-100, item C)); Hassan Abpikar a a. Person From Whom Protection Is Sought Your Name: Tomonari Yarn anaka Your Lawyer (ifyou have one for this case) Name: Christopher B. Lewis State Bar No.:317950 Finn Name: Berdirlg & Wcil LLP b. Your Address (If you have a lawyer, give your lawyer's information. Ifyou do not have a lawyer and want to keep your home address private, you may give a different mailing address instead. You do not have to give telephone, fix, or e-mail.) Address: 2175 N. California Blvd., Suite 500 City: Walnut Creek State: CA Zip: 94596 Telephone:(925) 838-2090 Fax: E-mail Address: clewisPberdingweil.com Personal Conduct Orders a. 0 1 agree to the orders requested. b. 121 I do not agree to the orders requested. (S'Imcify why you disagree in item 0 on page 3.) Clerk stamps date here when form Is Ned. Fill In court name end street address: Superior Court of California, County of Santa Clara Civil Division 191 North First Street San Jose, CA 95113 Court fills in case number when form is tiled. Case Number: 21CH009859 Present your response and any opposition at the hearing. Write your hearing datc, time, and place from form CH-109 item Ohere: (Hearing Date: 4/6/2021 Time: 9:00AM Date Dept.: 4 Room: If you 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. 0 1 agree to the following orders (Specify below or in item 0 on page 3.) 0 0 Stay-Away Orders a. 0 I agree to the orders requested. b. CI I do not agree to the orders requested. (Specify why you disagree in item 8 on page 3.) c. ❑ 1 agree to the following orders (specify below or in item C) on page 3): ® E) Additional Protected Persons a. 0 I agree that the persons listed in item @of form CH-100 may be protected by the order requested. b. El 1 do not agree that the persons listed in item @of form CH-100 may be protected by the order requested. Judicial Council of Ca Manta. www courts ce gov Revised January 1, 2018, Mandatory Form Code of C.IiProcedure, §§ 527 8 and 527 9 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 1 of 4 Electronically Filed by Superior C urt of CA, County of Santa Clara, on 4/1/2021 12:00 AM Reviewed By: K. Nguyen Case #21CH009859 Envelope: 6147671 Case Number: 2ICH009859 1 Guns or Other Firearms and Ammunition If you were served with form CH-110, Temporary Restraining Order, you cannot own or possess any guns, other firearms, or ammunition. (See item ® of form CH-110.) You must sell to or store with n licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms in your immediate possession or control within 24 hours of being served with form CH-110. You must file a receipt with the court. You may use form CH-800, Proof of Firearms Turned In, Sold or Stored, for the receipt. a. 0 I do not own or control any guns or firearms. b. El I ask for an exemption from the firearms prohibition under Code of Civil Procedure section 527.9(f) because carrying a firearm is a condition of my employment, and my employer is unable to reassign me to another position where a firearm is unnecessary, (Explain): El Check here if there is not enough space below for your answer. Put your complete answer on an attached sheet of paper and write 'Attachment 6b-Firearms Surrender Exemption" as a title. You may use pm MC-025, Attachment c. E 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 of the receipt 0 is attached. 0 has already been filed with the court. 0 E Possession and Protection of Animals a. 0 1 agree to the orders requested. b. 0 1 do not agree to the orders requested. (S'peci6.1why you disagree in item Oon page 3.) c. ❑ I agree to the following orders (specify below or in item @on page 3): 0 0 Other Orders a. 0 1 agree to the orders requested. b. 0 I do not agree to the orders requested. (Specify why you disagree in item @on page 3.) c. ❑ 1 agree to the following orders (specify below or in item it on page 3): ® 0 Denial I did not do anything described in item 0 of form CH-100. (Skip to C) .) Revised Janusly 1, 2918 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 2 of 4 Case Number: 2 ICH009859 0 0 Justification or Excuse If 1 did some or all of the things that the person in 0 has accused me of, my actions were justified or excused for the following reasons (explain): 0 Check here if there is not enough space below for your answer. Put your complete answer on an attached sheet of paper and write "Attachment 10-Justification or Excuse" as a title. You may use form MC-025, Attachment 0 El Reasons I Do Not Agree to the Orders Requested Explain your answers to each order requested that you do not agree with. E Check here if there is not enough space below for your answer. Put your complete answer on an attached sheet ofpaper and write "Attachment 11-Reasons 1 Disagree" as a title, You may use form MC-025, Attachment Revised January 1, 2018 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 3 of 4 Case Number: 21CH009859 12 C) No Fee for Filing a. [L] l request that I not be required to pay the filing fee because the person in °claims in form CH-100 item @to be entitled to free filing. b. 0 I request that I not be required to pay the filing fee because I am eligible for a fee waiver. (Form FIV-001, Request to Waive Court Fees, must be filed separately.) 0p Lawyer's Fees and Costs a. I ask the court to order payment of my 0 Lawyer's fees 0 Court costs. The amounts requested are: Item Amount Item Amount Attorney's Fees 5,000.00 Court Costs ❑ Check here if there are more items. Put the items and amounts on the attached sheet of paper and write "Attachment I3-Lawyer's Fees and Costs" for a title. You may use or form MC-025, Attachment b. 0 1 ask the court to deny the request of the person asking for protection that I pay his or her lawyer's fees and costs. 0 Number of pages attached to this form, if any: 12 Date: March 30, 2021 Christopher B. Lewis Lawyer's name (if any) Lawyer's.rgnat declare under penalty of perjury under the laws of the State of California that the information above and on all attachments is true and correct. Date: March 30, 2021 Tomonari Yamanaka Type or print your name efrOur name Reviled January 1, 2018 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 4 of 4 BERDING 8: WEIL, LLP 21 75 N California Blvd Suite 500 Walnut Creek, California 94596 OOOQONUI-RUJNH NNNNNNNNNHr-HHr-Ht-tr-HH OOQONUIAUJNHOOOOQGUI-hUJNHO HASSAN ABPIKAR V. TOMONARI YAMANAKA Santa Clara County Superior Court Case N0.: 21CH009859 Attachment 11 - Reasons I D0 Not Agree t0 the Orders Requested I. Introduction Tomonari Yamanaka is a single father and has lived with his fifteen-year-old son at his home next door t0 Hassan Abpikar for thirteen years. He has never had any issues With any 0f his neighbors ever since he began living in the Ranch 0n Silver Creek Homeowners Association Development. Many of his neighbors have attested to his good character and that the accusations made against him d0 not comport With the person they know. (See Character Declarations Attached as Exhibit 1). Mr. Yamanaka is not a Violent person and has never threatened 0r intimidated anyone. The accusations made by the petitioner, Hassan Abpikar do not contain a shred 0f truth. The interactions between Mr. Yamanaka and Mr. Abpikar are completely misrepresented in his Request for Civil Harassment Restraining Order Petition. Mr. Abpikar’s allegation that Mr. Yamanaka is a Violent person because he attacked his eX-Wife is a complete fabrication. In reality, Mr. Yamanaka was the Victim 0f domestic Violence after being stabbed by his eX-Wife. A crime in which she spent four (4) months in Elmwood Correctional Facility. Mr. Yamanaka has only politely sought t0 stop Mr. Abpikar from providing his home as a short-term rental which has created severe disturbances in the community and resulted in noise disturbances, vandalism, vehicle break-ins and at least one break in at Mr. Yamanaka’s home. The real reason that Mr. Abpikar has filed this restraining order petition is t0 retaliate against Mr. Yamanaka for his efforts t0 assist The Ranch 0n Silver Creek Homeowners Association (“Association”) in stopping Mr. Abpikar’s unauthorized use of his home as a short- term rental. The basis for Mr. Abpikar’s Request for Restraining Order rests 0n alleged statements made by Mr. Yamanaka, the flyers distributed by Mr. Yamanaka and alleged threats by Mr. Yamanaka directed at Mr. Abpikar. This statement Will make clear that Mr. Yamanaka has never threatened 0r harassed Mr. Abpikar and has never given him a reason t0 fear for his life. In reality, Mr. Yamanaka and his son have been 0n the receiving end 0f Mr. Abpikar’s threats and RESPONSE TO CIVIL HARASSMENT RESTRAINING ORDER PETITION-ATTACHMENT 11 1 intimidation. 2 II. Conversations and Alleged Threats 3 Until the current disagreement over Mr. Abpikar’s short-term rentals, the relationship 4 between these neighbors has been generally amicable. Mr. Yamanaka did not interact with Mr. 5 Abpikar very often until August 2020 after his car and home were broken into after Mr. Abpikar 6 had leased his home as a short-term rental. Even With the obvious frustration Mr. Yamanaka had 7 With Mr. Abpikar and his tenants, his interactions With Mr. Abpikar were cordial and strictly 8 involved his concerns with Mr. Abpikar’s use of his home as a short-term rental. 9 Prior t0 September 2020, Mr. Yamanaka did discuss Mr. Abpikar’s short-term rentals with 10 him and informed him that short-term rentals were not allowed in the community. He also directly 11 requested that these tenants move their vehicles and t0 keep the noise down. However, Mr. 12 Yamanaka never shouted at Mr. Abpikar 0r his tenants and has never threatened t0 “break his 13 face,” 0r stated: “You fucking Persian guy, Ibreak your face, I am watching you.” Mr. Yamanaka 14 never made any of these statements 0r anything remotely similar. While these conversations may 15 have been contentious, at n0 point did Mr. Yamanaka ever make threats against Mr. Abpikar as 16 described in his petition. T0 the contrary, Mr. Abpikar has acted menacingly toward Mr. 17 Yamanaka’s son while he was out getting the mail and told Mr. Yamanaka that he is a felon and 18 “not t0 fuck With him!” 19 Around September 2020, Mr. Yamanaka ceased t0 communicate directly With Mr. Abpikar 20 about the short-term rental issue because Mr. Abpikar would not listen and take into consideration 21 the affect these rentals had 0n his neighbors. Instead, Mr. Yamanaka proceeded t0 make 22 complaints t0 the Association and directly inform Mr. Abpikar’s short-term tenants that they are 23 not allowed t0 lease homes 0n a short-term basis in the Association Development. Mr. Yamanaka 24 did not threaten 0r try t0 attack Mr. Abpikar 0n January 2, 2021 0r 0n February 6, 2021. In fact, 25 Mr. Yamanaka had not directly communicated with Mr. Abpikar at all since September 2020. 26 Simply put, Mr. Abpikar’s allegations did not happen. 27 /// 28 /// :ERWSWE'LLLP RESPONSE T0 CIVIL HARASSMENT RESTRAINING ORDER PETITION-ATTACHMENT 11 ‘2- 1 III. Em 2 The Ranch on Silver Creek Homeowners Association (“Association”), the community 3 Where both individuals reside, does not allow its members t0 lease their homes as short-term 4 rentals on sites such as AirBNB and VRBO. The Association has filed a lawsuit against Mr. 5 Abpikar for his Violations of the Association’s Governing Documents because he has continued to 6 rent his home as a short-term rental even after being informed that they were not allowed. Mr. 7 Yamanaka is Mr. Abpikar’s next door neighbor and has been directly impacted by Mr. Abpikar’s 8 use of his home as a short-term rental. The short-term tenants that have used Mr. Abpikar’s home 9 have loud parties that have lasted well into the morning, the neighborhood has had numerous 10 vehicle break-ins, and in July 2020, Mr. Yamanaka’s car was broken into. In August 2020, 11 someone broke into Mr. Yamanaka’s garage during one 0f the parties thrown by Mr. Abpikar’s 12 short-term tenants. The Association and Mr. Yamanaka attribute this rise in crime directly t0 Mr. 13 Abpikar’s short-term rentals. 14 Until around February 2021, in order t0 assist the Association in stopping Mr. Abpikar and 15 his tenant’s activities, Mr. Yamanaka placed flyers 0n the tenant’s vehicles to inform them that 16 short-term rentals are not allowed in the community. The flyers attached t0 Mr. Abpikar’s petition 17 are the same flyers distributed by Mr. Yamanaka, but the threatening notes were not written by 18 Mr. Yamanaka 0r at his direction. They are not in his handwriting and must have been added after 19 they were distributed. 20 The alleged threat t0 “break [ML Abpikar’s] face” written 0n the flyers bares a similar 21 resemblance t0 another alleged threat made against Mr. Abpikar by another individual. In 2017, 22 Mr. Abpikar filed a Civil Harassment Restraining Order Petition against another individual. In the 23 petition, Mr. Abpikar states: “I came home and asked him why he broke my bedroom door, he 24 threw an apple at me and shouted; and then stated at me: “Next time I break your face.” (See page 25 2 0f Declaration in Santa Clara Superior Case N0. 17CH007686, Attached as Exhibit 2). Mr. 26 Yamanaka has never said 0r written such a threat t0 Mr. Abpikar 0r anyone else. The use 0f the 27 same statement by Mr. Abpikar indicates he wrote the threat 0n the flyers after they were 28 distributed by Mr. Yamanaka. :ERWSWE'LLLP RESPONSE T0 CIVIL HARASSMENT RESTRAINING ORDER PETITION-ATTACHMENT 11 ‘3- BERDING 8: WEIL, LLP 21 75 N California Blvd Suite 500 Walnut Creek, California 94596 OOOQONUI-RUJNH NNNNNNNNNHr-HHr-Ht-tr-HH OOQONUIAUJNHOOOOQGUI-hUJNHO IV. Restraining Order Petition Filed in Retaliation Against Mr. Yamanaka Mr. Yamanaka and Mr. Abpikar had an amicable, but not close relationship as neighbors. This all changed after Mr. Abpikar began leasing his home as a short-term rental. The negative impact from these rentals was immediately felt by Mr. Yamanaka and he relayed his concerns t0 Mr. Abpikar. However, Mr. Abpikar did not stop leasing his home as a short-term rental and instead filed this civil harassment restraining order t0 retaliate against him. Due t0 the impact the rentals have had 0n Mr. Yamanaka, he began assisting the Association in its efforts t0 stop Mr. Abpikar from leasing his home as a short-term rental. These efforts included reporting the Violations t0 the short-term listing companies used by Mr. Abpikar, distributing the flyers attached t0 Mr. Abpikar’s petition (Without the handwriting), taking photographs 0f the numerous Violations that were occurring as a result 0f Mr. Abpikar’s short- term leases, and distributing a neighborhood petition t0 garner support for prohibiting Mr. Abpikar’s conduct. Mr. Yamanaka has also contacted the police over sixty (60) times to report noise disturbances during the parties at Mr. Abpikar’s home. Mr. Yamanaka’s efforts came t0 the attention 0f Mr. Abpikar after the Association discussed his complaints with Mr. Abpikar and Mr. Abpikar saw the flyers distributed by Mr. Yamanaka. Shortly afterward, Mr. Abpikar filed this petition for a restraining order. Since Mr. Yamanaka has n0 history 0f Violence and never made any threats against Mr. Abpikar, the only reason for Mr. Abpikar to file this restraining order petition is t0 retaliate against Mr. Yamanaka and seek to discredit him. V. Conclusion Mr. Abpikar’s restraining order petition is baseless because Mr. Yamanaka has not harassed 0r threatened Mr. Abpikar in any way. Mr. Yamanaka has not given Mr. Abpikar any reason t0 be in fear 0f him. While the two individuals have discussed Mr. Abpikar’s short-term rentals, at times contentiously, at no point did Mr. Yamanaka threaten Mr. Abpikar. This petition has been filed with the sole intent t0 retaliate against Mr. Yamanaka for his efforts t0 assist the Association in stopping Mr. Abpikar’s short-term rentals. Mr. Yamanaka is a non-Violent man and is only concerned With his and his son’s well-being While living next door to a house Which has RESPONSE TO CIVIL HARASSMENT RESTRAINING ORDER PETITION-ATTACHMENT 11 H contributed to increased criminal acts brought 0n by Mr. Abpikar’s actions. This Court should not grant this petition and allow Mr. Abpikar to use the legal system t0 retaliate against Mr. Yamanaka for trying t0 stop a nuisance in his community and exercising his rights as a member 0f the Association. COOQONUI-RUJN NNNNNNNNNHr-HHr-Ht-tr-HH OOQONUIAUJNHOOOOQGUI-hUJNHO Effi'fii‘nfifiaflfi'fiukbsfio RESPONSE T0 CIVIL HARASSMENT RESTRAINING ORDER PETITION-ATTACHMENT 11 Walnut Creek, California 94596 EXHIBIT 1 EXHIBIT 1 ERTWNGAWED TID nm HASSAN ABPIKAR v. TOMONARI YAMANAKA Santa Clara County Superior Court Case No.: 21CH009859 PELpnc (ee I,PerfectoBellano, declare as follows: 1 I am over the age of 18 years and I am a resident of the Ranch on Silver Creek Homeowners Association. 2: I reside at 1539 Silver Ranch Lane, San Jose, California 95138 and am a neighbor of Tomonari Yamanaka and Hassan Abpikar. 3 I have known Tomonari Yamanaka since 2008 when he moved into the community. He is a great neighbor and has always been nice and courteous. I have never known him to bea problem in the community and have never heard of any problems that he has caused to anyone. The accusations made by Hassan Abpikar against Tomonari Yamanaka are completely out of character for the Tomonari Yamanaka that I have known. 4. Hassan Abpikar’s short-term rentals have cause many problems in the community including loud parties at all hours, car break-ins and vandalism. 5; I have had to deal with the problems caused by Hassan Abpikar’s short-term rentals because I live on the same street. Unfortunately for Tomonari Yamanaka, he lives right next door to Hassan Abpikar’s home and has had to deal directly with many of the problems Mr. Abpikar’s short-term rentals have caused. 6. Tomonari Yamanaka has been trying to assist the Association by gathering signatures for a petition and providing evidence of the ongoing violations committed by Hassan Abpikar. Now he is forced to deal with what I believe to be a fraudulent restraining order against him because of his efforts. I declare under penalty of perjury that the foregoing recitations are true and accurate }| Executed on 3S} = | 22) vin St Dose , California. | CotSN 4849-3345-3026,v. 1 Perfecto Beane (re Bo\ Qvw> ols LERTING & WEIL 112 10 i 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 HASSAN ABPIKAR v. TOMONARI YAMANAKA Santa Clara County Superior Court Case No.: 21CH009859 I, Mahesh Tank, declare as follows: i 1am over the age of 18 years and I ama resident of the Ranch on Silver Creek Homeowners Association. 2 I reside at 1513 Silver Pond Lane, San Jose, California 95138 and am a neighbor of Tomonari Yamanaka and Hassan Abpikar. 3 I have known Tomonari Yamanaka for the last five years. He is a good neighbor and has always been nice and courteous. | have never known him to be an angry pers on. His actions toward Hassan Abpikar have always been directed at keeping the peace and stopp ing the problems with Hassan Abpikar’s short-term rentals. The accusations ma de against Tomonari Yamanaka are not consistent with the person I know. 4. Hassan Abpikar’s short-term rentals have cause many problems in the community including loud parties at all hours, car break-ins and vandalism. = Unfortunately for Tomonari Yamanaka, he lives directly next door to Hassan Abpikar’s home and has had to deal directly with many of the problems Mr. Abpikar’s short-term rentals have caused. I declare under penalty of perjury that the foregoing recitations are true and accurate. Executedon Mdach AU 20hin San 3y¢e_, California. Vows, 4824-3266-4802, v. 1 Mahésh Tank DECLARATION OF RALPH N. BORELLI RE CLUB AUTO SPORT-SV CONDOMINIUM LERTWNGR WEN 11 b o w e HASSAN ABPIKAR v. TOMONARI YAMANAKA Santa Clara County Superior Court Case No.: 21CH009859 I, Harjot Bhullar, declare as follows: 1, I am over the age of 18 years and I am a resident of the Ranch on Silver Creek Homeowners Association. De I reside at 4700 Silver Ranch Lane, San Jose, California 95138 and am a neighbor ofboth Tomonari Yamanaka and Hassan Abpikar. 3 Over the last year, Hassan Abpikar has been using his home as a short-term rental on sites such as AirBnB, Vrbo, and Flipkeys. The Ranch on Silver Creek Homeowners Association does not allow for its members to lease their homes as short-term rentals on these sites. 4. Hassan Abpikar’s short-term rentals have cause many problems in the community including loud parties at all hours, car break-ins and vandalism. ay Unfortunately for Tomonari Yamanaka, he lives directly next door to Hassan Abpikar and has had to deal directly with many of the problems Mr. Abpikar’s short-term rentals have caused. 6. T have known Tomonari Yamanaka ever since I moved into the community in 2019. My experience with Tomonari Yamanaka has been nothing but positive. He is a courteous and supportive neighbor and has always helped me out when needed. Even though he has been negatively impacted by Mr. Abpikar’s short-term rentals, I have never seen him lose his temper or threaten Mr, Abpikar when discussing this issue. Doing so would be out of character for Tomonari Yamanaka. 7; I declare under penalty of perjury that the foregoing recitations are true and accurate. Executed on 3/24)202 ,in Sou Joe California. 4811-8361-3922, v. 1 HarjorBhullar SRNING RWEU LIP HASSAN ABPIKAR v. TOMONARI YAMANAKA Santa Clara County Superior Court Case No.: 21CH009859 I, Sanjeev Bhanot, declare as follows: I Tam over the age of 18 years and I am a resident and board member of the Ranch on Silver Creek Homeowners Association. 2: I reside at 1563 Silver Ranch Lane, San Jose, California 95138 and am a neighbor of both Tomonari Yamanaka and Hassan Abpikar. 3. I have known Tomonari Yamanaka since 2008, ever since he moved into the community. He is a great neighbor and has always been nice and courteous. I have never known him to be a problem in the community and I have never heard of any issues he has had with the Association or anyone else in the community. He is a very helpful neighbor and has always been willing to lend a hand when needed. 4. Hassan Abpikar’s short-term rentals are not allowed at the Ranch on Silver Creek Homeowners Association and have cause many problems in the community including loud parties at all hours, car break-ins and vandalism. Myself, along with the other board members have proceeded with a lawsuit on behalf of the Association, against Hassan Abpikar to stop his short- term rentals. 5: Tomonari Yamanaka has been extremely helpful with assisting the Association with gathering information on Mr. Abpikar’s continued use of his home as short-term rental. He has lodged numerous complaints with the Association and assisted with contacting short-term rental websites to document Mr. Abpikar’s listings and have them removed. He has also provided photographs of the numerous disturbances caused by Mr. Abpikar’s short-term rentals. 6. Living near Mr. Abpikar’s home, I have had to deal with the problems caused by Hassan Abpikar’s short-term rentals. Unfortunately for Tomonari Yamanaka and his son, they have been even more impacted by Hassan Abpikar’s short-term rentals because they live right next door to Hassan Abpikar’s home and have had to deal directly with many of the problems Mr Abpikar’s short-term rentals have caused. E Tomonari Yamanaka has been nearly single-handedly trying to stop Hassan Abpikar’s short-term rentals. I support and thank him for his efforts to make our community a safer and peaceful place to live. I declare under penalty of perjury that the foregoing recitations are true and accurate. =)Aue p 6 Executed on (0) 3/ 2/2 [sees in 3) LbrJ ME 6é_, California. 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Form Approved for Optional Use Judicial Council of California (Add pages as required) ATTACHMENT WWW-”"”"”’°-°a'9°" Mic-025 [Reva July 1, 20091 to Judicial Council Form ATTORNEY 0R PARTY WlTHOUT ATTORNEY (Name, State Bar number, and address): MC-030 FOR COURT USE ONLY -HaSSox-m AbPiKc/ir . ISOQ Sl‘LV’eF R-O‘aI'I L‘Mnc 5M Jam, CA 01513 S; TELEPHONE Mega-0%) 37‘"? ‘17 S 3FAX NOT (Optional): EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): f) R b % E- SUPERIOR COURT OF CALIFORNIA, COUNTY OF ‘5 W" T 0‘ C L CNN. 5" STREET ADDRESS: \ CI \ N’ o r Th F.“ r 6* Sweari- MAILING ADDRESS: ClTYANDZIPCODE: 3 an To .f‘er, CA 616“ 3 BRANCHNAME: C‘V\L COUV‘I" PLAINTIFF/PETITIONER: l‘\ ("A S S ”‘4‘ A IO P i K V~ r" DEFENDANT/RESPONDENT: A 8' , A'VOL HimmTla-n DECLARATION “SHUT? C H 99 7 6 8 9 2:, HRSSM ALPT‘KW, /ecwre 0L5 foL/Lowi . 1) o“ Augusx m, 2,o ,m About m 30 Rm. , AM Hammm l (/é ”finance of Jrugs , threw 63213 gin/(3mm WI‘We U“ gme beam/Se LC was UPST/T an me 015 +0 wlwi. b'fiflieS a «Me ' Ev] 1x“ (ABM/:1” [7:00 Pam. 'I Mu/ Cnbté/ Finding eWLIe; 13?.“ Arm Hemmwm {5 grown? Wefi/ Trees m “Y's 3"” a. +Ae kus 6‘; ‘ ’TLe Kao‘Ck’fiar / Tb l/“l' \Z'OO m‘gg/hijklgPoLiOd Shayla/U? 2) 0“ AUgVS’k \‘1, Zol7flrfi‘1’6/ owl” W”! reg/ence” > DhnC/ Wro‘me/Icsvcflutsiom 1o I am suffl/‘hj from +1.9, 3) $1?“ 'loASJ SWoLken meow, an/ OMSWUW WM 0“ of e/Tum’ rt ,l . + Aria Hemmflwn giraffe I’M/4’ 0/“ +0 AIME/714g” flmfwcn at, 07” Jr'Vd‘S. .-,Te was Un 6r'rkfi‘“* ._ .. 9, .i., . Mtge)“ AM \’l 2M7 . Arm Hemmicm P«CK€/Z;e‘“": Kmrél‘fin ,, " ‘ ’ 6 , ,S‘l'daK Kne‘f€,)0~~/WL“L€ “n Vt m “595* ‘ ‘ “ ' -~ + 60w ~. I declare under penalty of perjur‘? flicIerIl‘leflIa‘s ogfi’é gtefig’of CaIIIOmia IEa?lhe§r;n§)i§gfi \trfle agiocgrrsec‘t’. W n g 4" II m ' Date: ,4 U3 I/I ST ZIJ 22o \-l peg s M A}, pndtr A'J-a/ l I3 (TYPE OR PRINT NAME) ~ (SIGNATURE OF DECLARANT) D Attorney for MPlalntifi IXPetitioner I: Defendant CI Respondent I: Other (Specify): Form Approved for Optional Use Judicial Council of Califomia DECLARATION M04130 [Rem January 1, 2006] Pa9e1of1 1 PROOF OF SERVICE 2 Case Name: Hasscm Abpikar v. Tomonari Yamanaka Case N0: Santa Clara County Superior Court Case No.2 21CH009859 3 4 I am employed in the County 0f Contra Costa, State 0f California. My business address is 2175 N. California B1Vd., Suite 500, Walnut Creek, California 94596. I am over the age 0f 5 eighteen years, and not a party t0 the within action. 6 On March 31, 2021, I served the within: 7 CH-120 RESPONSE TO REQUEST FOR CIVIL HARASSMENT RESTRAINING ORDERS 8 0n the party[ies] listed below, addressed as follows: 9 (SEE ATTACHED SERVICE LIST) 10 BV First Class Mail/Ordinarv Business Practices [C.C.P. §§ 1013, 1013a]. By causing 11 a true copy thereof t0 be enclosed in a sealed envelope 0r package, addressed t0 the party[ies] as stated 0n the attached service list. I am readily familiar With the firm's 12 business practice for collection and processing 0f envelopes and packages for mailing with the United States Postal Service. Under the firm's practice, mail is deposited in the 13 ordinary course 0f business With the United States Postal Service at Walnut Creek, California, that same day, With postage thereon fully prepaid. I am aware that upon motion 14 0f the party served, service is presumed invalid if postal cancellation date 0r postage meter date 0n the envelope 0r package is more than one day after the date 0f deposit for mailing. 15 D BV First Class Registered 0r Certified Mail/Return Receipt Requested/Ordinarv 16 Business Practices [C.C.P. §§ 1013, 1013a, 1020]. By causing a true copy thereof t0 be enclosed in a sealed envelope or package, registration or certification and return receipt 17 requested, addressed t0 the party[ies] as stated 0n the attached service list. I am readily familiar With the firm's business practice for collection and processing 0f envelopes and 18 packages for mailing With the United States Postal Service. Under the firm's practice, registered and certified first class mail With return receipt requested is deposited in the 19 ordinary course 0f business With the United States Postal Service at Walnut Creek, California, that same day, with all postage and fees thereon fully prepaid. I am aware that 20 upon motion 0f the party served, service is presumed invalid if postal cancellation date 0r postage meter date 0n the envelope 0r package is more than one day after the date 0f 21 deposit for mailing. 22 |_| BV Overnight Deliverv [C.C.P. § 1013, 10133]. By causing a true copy thereof t0 be enclosed in a sealed envelope 0r package designated by the express service carrier, with all 23 delivery fees paid 0r provided for, addressed t0 the party[ies] as stated 0n the attached service list. I am readily familiar With the firm's business practice for collection and 24 processing 0f overnight deliveries for deposit in a box or other facility regularly maintained by the express service carrier, 0r delivered t0 an authorized courier 0r driver 25 authorized by the express service carrier t0 receive documents. Under the firm's practice, overnight deliveries are deposited in the ordinary course 0f business with the express 26 service carrier at Walnut Creek, California, that same day. 27 U BV Personal Service [C.C.P. § 1011]. By causing a true copy thereof t0 be hand- delivered in a sealed envelope 0r package addressed to the party[ies] as stated 0n the 28 attached service list. EEmE‘nSfia‘é‘ifi'Ls’ukisfio PROOF OF SERVICE Ll Bx Electronic Service. The above document was served electronically on the parties appearing on the attached service list associated with this case. A copy 0f the electronic mail transmission[s] will be maintained with the proof of service document. H I declare under penalty of perjury under the laws 0f the State of California that the foregoing is true and correct. Executed March 31, 2021, ayreek, California. Clalrice Eankford \DOOQGUIbUJN NNNNNNNNNr-KHHHHHHHHH OOQONUIAUJNr-‘OKOOOQQUIAUJNHO BERDING & WEIL, LLP PROOF 0F SERVICE 2| 75 N Calilornia Blvd Suile WU Wllnul creek, Callfomla 94596 H w Case Name: Hassan Abpikar v. Tomonari Yamanaka Case N0: Santa Clara County Superior Court Case No.2 21CH009859 Hassan Abpikar Hassan Abpikar 1509 Silver Ranch Lane 1324 Stockbridge Drive San Jose, CA 95138 San Jose, CA 95130 PLAINTIFF IN PRO PER PLAINTIFF IN PRO PER 4838-1 202-6083, v. 1 COOQONUI-RUJN NNNNNNNNNHr-HHr-Ht-tr-HH OOQONUIAUJNHOOOOQGUI-hUJNHO BERDING 8. WEIL, LLP SERVICE LIST 21 75 N California Blvd Suite 500 Walnut Creek, California 94596
