Request Restraining OrderCal. Super. - 6th Dist.February 11, 2021Clerk stamps date here when form is filed.Request for Civil Harassment Restraining Orders Read Can a Civil Harassment Restraining Order Help Me? Oran): CH-IOO- INFO) before completing this form. Also fill out Confidential CLETS Information (form CLETS-OOJ) with as much infonnalion as you know. Person Seeking Protection a. Your Full Name: Brian Cuong Tran Age: 53 Your Lawyer (ij‘you have onefor this case) . I Name: Dmitry Stadlin State Bar NO; 302361 Fillm court name and streetaddress. Superior Court of California, County of Santa Clara Downtown Superior Court Film N3n163 STADLIN MARINHO LLP b. Your Address ([f'you have a lawyer, giveyozu' lawyer's injbrmarion [fyou do not lmve a lawyer (ma' wan! (0 keep your home address private, you may give a differenr mailing addrexs insleaa’. You d0 not have t0 give telepl:one,fi1x, 0r e-mar'l'.) Addressz 111 N. Market St. Ste. 300 191 N. First Street 191 N. First Street San Jose California 951 1 3 Court fills in case number when form is filed. City: San Jose Case Number: State: CA Zip: 95113 Fax: g408g645-7802 ds@stadlinmarinho.com Telephone: (408)645-7801 E-Mail Address: ® Person From Whom Protection ls Sought Full Name: Michael Quoc Han aka., Michael Han, aka., Mike Han Address (ifknouuz): 150 Pasina Court Cit)“ Morqan Hill Age: 46 Slate: CA Zip: 95037 Additional Protected Persons a. Arc you asking for protection for any other family 0r household members? D Yes N0 Full Name Afle ® Ifyes, 11's: them: Lives with vou? How are Ihev related t0 V011? D Yes D N0 D ch D N0 D Yes D N0 D Yes D N0 D Check here [filtere are more persons. Artach a sheet Ofpaper and write “Atraclnnem 3a-A dditiomzl Proteczed Persons "for a mic. You may useform M0025, Alrnclzmem. b. Why d0 these people need protection? (Evplain below): D Check here ij’tlzere is not enough spaceforyour answer. Pu: your complete (mswer 0n the attached sheer 0f paper orform MC-025 and wrr‘re “Atrachmem 3b-W/zy Others Need Protecu'an "fbr a rifle. Sex This is not a Court Order. Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) Judlcial Councul of Caleornia, mumcoudsvcegov Revised January 1. 2018, Mandatory Form Code of Civxl Procedure, §§ 527.6 and 5273 CH-‘l 00, Page 1 of 6 '9 Doc ID; 91 f1cbcca88652a1 ee1 00a795468d0aa7db727b0 Case Number: Relationship of Parties How do you know the person in ® ? (Explain below): D Check here iflhere 1's nor enough spaceforyom' answer. Put your complete answer 0n (lie (:{rac/zed sheet 0f paper 0rfomz M0025 and write “Attachment 4fiRclan'0nsth ome'lfes”f0r a title. Ex-Business Partner . Venue Why are you filing in this county? (Check ali that apply): u. g The person in® lives in this county. b. Iwas harassed by the person in® in this county. c. D Other (Specific): Other Court Cases a. Have you or any 0fthe persons named in®been involved in another court case with the person in ®? D Yes Q No ([fyesnc/reck each kind ofcase and indicate where and when each wasfilcd.) Kind OfCase Filed in (Countv/Siate) Year Filed Case Number (ffknawn) (I) D Civil Harassment (2) D Domestic Violence (3) D Divorce, NuHity, Legal Separation (4) D Paternity, Parentage, Child Custody (5) D Elder 0r Dependent Adult Abuse (6) D Eviction (7) D Guardianship (8) D Workplace Violence (9) D Small Claims (10) D Criminal (11) D Other (specifv): b. Are there now any protective 0r restraining orders in effect relating t0 you 0r any 0f the persons in© and the person in®? g N0 D Yes (nyes, attach a copy ifyou have one.) Description of Harassment Harassment means violence 0r threats ofviolcnce against you, or a course ofconduct that seriously alarmed, annoyed, 0r harassed you and caused you substantial emotional distress. A course Ofconducl is more than one act. a. Tell the court about the last time the person in® harassed you. (1) When did it'happen‘? (provide dare 0r csrimatea’ date): Please See Attached Declaration ln Support (2) Who else was there? Please See Attached Deciaration ln Support This is not a Court Order. RW‘SWWWW” Request for Civil Harassment Restraining Orders CH'WD! Page 2 0’5 (Civil Harassment Prevention) 9 Doc ID: 91H cbcca88652a1ee100a79546ad03a7db727b0 Case Number: ® a. (3) How did the person in ®harass you? (Explain below):D Check here z'frhere is not enough spaccjbryour answer. Pm your complete answer 0n the aftached sheet ofpaper or'for'm MC-025 and write "Attachment 7a(3)-Describe Harassment "for a rifle. Please See Attached Declaration In Support (4) Did the person in® use 0r threaten to usc a gun or any other weapon? D Yes N0 (Ifyes, explain below): D Check lzere if(here is not enough spaccforyom' answer. Put your complete answer 0n the attached sheet ofpapcr orform MC-025 and write "Attachmem 7a(4)-Use 0f Weapons"f0r a title. Please See Attached Declaration In Support (5) Were you banned or injured because 0f the harassment? E Yes D N0 (Ifyes. explain befow): D Check here {ft/zere is nor enough spaceforyour answer. Putyour complete answer 0n t/ze attached sheer Qf'paper orfbrm WIC-025 and write "Attachment 7a(5)-Harm 01‘1/{jule’fbr a tirle. Please See Attached Declaration ln Support (6) Did thc police come? Q Yes D N0 Ifycs, did they give you or the person in® an Emergency Protective Order? D Yes [X] N0 Ifycs, thc order protects (check all (hm apply): D Me D The person in® D The persons in @. (Attach a copy ofme order ifyou have one.) b. Has the person in® harassed you at other times? E Yes D N0 ([fycs, desm‘ibe prior incidents andprovide dates oflzarassmem below): D Check here (fllzere is m)! enough spacefor your answer. Pu! your complefe answer 0n {Ire attached SIIeet of paper orform M0025 and wrt'ze "/ftraclmzc/zr 7b-Prcw'0us Hara.s‘smcnr”f0r a title. Please See Attached Declaration In Support This is not a Court Order. “Wise““wm-Zm Request for Civil Harassment Restraining Orders CH-WO: Page 3 0f6 (Civll Harassment Prevention) '9 Doc ID: 91f1cbcca88652a1ee1 00a79546adOaa7db727b0 Case Number: Check the orders you want. E Personal Conduct Orders I ask the court to order the person in ® not t0 d0 any 0fthc foliowing things to me or to any person to be protected listed in©z a. g Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually 0r Othelwisc), hit, abuse, destroy personal propeny 0f, or disturb the peace ofthe person. b. Contact thc person, either directly or indirectly, in any way, including, but not limited l0, in person‘ by telephone, in writing, by public or private mail, by interofficc mail, by c-mail, by cht message, by fax, or by other electronic means. C. D Other (.cpecifiv): D Check liere ifrlrere is nor enough spaceforyour answer. Pm your complezc answer on the attached Shea! ofpaper orform M0025 and write "Attachment 8C-Otlzer Personal Conduc! Orders, ”for a title. The person in <2) will be ordered 120/ £0 rake (my action (0 gel the addresses 0r locations ofany protected person unless the cozu'lflnds good cause not Io make Ilze order, Stay-Away Orders a. I ask the court 10 order the person in ® lo stay at leastfl yards away from (check all 11m! apply): (l) Q Me. (8) g My vehicle. (2) D The other persons listed in © (9) D Other (specifiy: (3) My home. (4) My job or workplace. {5) D My school. (6) D My children’s school. (7) D My children’s place ofchild care bA Ifthe court orders the person in ® t0 stay away from all the places listed above, will he 0r she still be able t0 get I0 his 0r her home, school, orjob? E Yes D N0 (Ifno, explain below): D Check here iffizere is no! enough Spaccforyour answer. Pu! your complete answer 0n {he attached sheer 0f paper orform M0025 and mile "Attachment 9b-SIay-A way Orders, "for a ril/e. Guns or Other Firearms and Ammunition Does the person in® own or possess any guns 0r other fircanns? D Yes D No I don’t know [ftlrejudge grants a prolecrive order, the person [n® will be prolu‘biledfi‘om owning, possessing, purchasing, receiving, 0r attempting {0 purchase 0r receive a gun, otlzeljfircamz. and ammunition while {/26 protective order is in qfi’cct. The person z‘n ® will also be ordered t0 rum in (0 law enforcement, arsel/ t0 orstore with a licensed gun dealer. any guns or'fircaz'ms within lu‘s 0r her immediate possession 0r controf, This is not a Court Order. RW‘SwJaWaW'mB Request for Civil Harassment Restraining Orders CHM“, P3964 0‘5 (Civil Harassment Prevention) a DOC ID; 91f1cbcca88652a1ee1 00a79546ad0aa7db727b0 Case Number: ® Q Temporary Restraining Order I request that a Temporary Restraining Order (TRO) be issued against the person in® t0 last until the hearing. I am presenting form CH-l 10, Tempormjv Restraining Order, for the court’s signature together with this Request. Has the person in®been told that you were going to go t0 court t0 seek a TRO against him/her? D Yes Q No (Ifyou answered no, explain why below): D Check here Ifthere is not enough Spacefomioztr answer, Putyour complete answer 0n the attached Sheet 0f paper orform MC-025 and write ”Atlacl’zment 1 I-Temporary Restraining 0rder”f0r a title. Please See Attached Declaration In Supoort ® CI Request to Give Less Than Five Days' Notice of Hearing You must have your papers personally served 0n (lie person in ® at leasrfive days before rlze lmaring, mziess r118 court orders a Shorter Iimefor selvice. (Form CH-200-INFO explains What Is “ProofofPersonal Service”? Farm CH-ZOO, Proof 0f Personal Service, may be used t0 show the cozm‘ that (he papers have been served.) Ifyou want there to be fewer than five days between service and the hearing, explain why below: D Check here ifflzere is not enough Spaceforyour answer. Pzrryour complete answer 0n the attached sheer 0f paper orform MC-025 and write "Atlachmem 12-Requcsi [0 Give Less Than Five Days ‘ N0!ice”for a title. ® No Fee for Filing or Service a. E There should be no filing fee because the person in ® has used 0r threatened t0 use violence against me, has stalked me, or has uctcd 0r spoken in some other way that makes mc reasonably fear Violence. b. D The sheriff 0r marshal should serve (notify) the person in® about the orders for free because my request for orders is based 0n unlawful violence, a credible threat 0f violence, 0r stalking. c. D There should be n0 filing fee and the sheriff or marshal should serve the person in ®f0r free because I am entitled l0 a fee waiver. {You must complefe (mdfileform FW-OOI, Application for Waiver 0f Court Fees and Costs .) Lawyer's Fees and Costs I ask the court t0 order payment ofmy E lawyer’s fees E Court costs. The amounts requested are:m m m M S $ S $ S $ D Check here iftliere are more items. Put (/ze items and amounts 0n the attached sheer quaper orform MC-025 and write “Attachment 14-Lawyer '3 Fees and C05fs”for a title. This is" not a Court driller; RBV‘SEdJamm-Zm Request for Civil Harassment Restraining Orders CHM“, Page 5 0‘6 (Civil Harassment Prevention) 9 Doc ID: 91H cb00388652a1 ee1 00379546ad0aa7db727b0 Case Number: E Possession and Protection of Animals I ask the court t0 order the following: a. D That I bc given the sole possession, care, and control oflhc animals listed below, which I own, possess, lcasc, kccp, 0r hold, or which rcsidc in my household. (Identify animals by, e.g., type, breed. name, color. sex.) I I request sole possession 0fthe animals because (specify good causcfor granting order): D Check here {flhere 1's not enough spacefmgvour answer. Puryom‘ complete answer 0n the attached Slice! ofpapcr orform MC-025 and write "Attac/rmcnl 15a-Possessi0n ofAm'mals "for a (itle. b. D That [he person in®must stay at least yards away from, and not take, sell, transfer, encumber, conceal, molest, attack, strike, threaten, harm, 0r otherwise dispose 0f, the animals listed above. D Additional Orders Requested I ask tho court t0 make the following additional orders (specify): D Check here if(lmere is not enough spaceflryour answer. Pmyour complete answer 0n (he attached sheer of paper orjbrm M0025 and write "/Iltaclzmcnr lé-Adcliu'ona! Orders Requesmd, "jbr a title. ® Number ofpagcs attached to this form, ifany: 02 I 11 /2021 Dale: Dmitry Stadlin ’ E ég 5 ; Langrer ’s name (if(my) Lawyer's Signature Idcclarc under penalty ofpcrjury under lhc laws of lhc Slulc OFCalifomia that [he information above 21nd on a1] attachments is true zmd correct. 02/11 /2021 Date: Brian Cuong Tran } b“ R’“ 244“" Type m'prr'nr your name Sign your name This is not a Court Order. Request for Civil Harassment Restraining Orders CH-100- P3986 0f5 (Civil Harassment Prevention) Revsed January 1. 2018 Doc ID: 91 f1cbcca88652a1 eeiOOa79546adOaa7db727b0
