Declaration In Support

Cal. Super. - 6th Dist.February 19, 2021

ATTACHMENT CV-5014 NAME AND ADDRESS OF PARTY OR ATTORNEY FOR PARTV TELEPHONE NUMBER Your Legal Name: Lan Hinh Your Address: 1265 Runshaw PI San Jose, CA 951 21 m Self-Represented SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 Nonh Hrs: Street. San Jose. CA 95113 MAILING ADDRESS 191 Nonn First Street CITY AND ZIP cone. San José. CA 95113 BRANCH NAME: Downtown Counhouse PersonlEntity Seeking Protection: Lan Hlnh Person From Mom Proledion is Sought Davis Hm FOR COURTWE ONLV DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR CIVIL RESTRAINING ORDERS CASE NUMBER: DEPT l 210H00987Z I. the undersigned, declare: 1. l am (choose one): D attorney for Person or Entity Seeking Protection Wself-reprosonted Person or Entity Seaklng Protection D other (explain): 2. The opposing party is represented by an attorney: D Yes D No (If you checked 'yes'. fill in the attorney‘s name. address. and telephone number. If you checked 'no'. filI in the other party's name address. and telephone number. PanyIAnomey name: Davis Hgn Addressfl’elephone number. 1g§§ Rumbgw El San JQ§§L CA 95121 3. OTHER CASES: Have the parties to this case been involved in litigation with each other in another Civil. Family. Probate Juvenile, or CriminalCoun Case? D Yes E No |f “yes", case(s) number(s): 4. NOTICE a. l HAVE given notice to the opposing party andlor their attorney by tho following method: U Personal delivery D Overnight Carrier D First Class Mail D Other: Date: Time: l have received confirmation that the other party has received my papers as follows: (describe) b. I VE NOT given notice oi the request for orders because (Check all that apply. You must explain below): This is an application for Civil Harassment Prevention Act, Elder Abuse. Private Postsecondary School \fiolenoe. sitional Housing Misconduct. or Workplace Violence Act restraining ordersand: XGer or irreparable injury will result before the maner can be heard on notice. D It is impossible to give notice. D The other party agrees to the orders requested. D Other: c. Explanation: D A hearing between the parties is already set l am asking mat this motion be heard at the same time. D I am unable to serve the other party in the time required by law. WI fear for my physical safety (and that of others, if applicable). D Other: l declare under penalty of perjury that the forgoing is true and carved, 02/18/21 Lan Hinh AM7W Date Pnnt Name Declarant's Signature CV‘W‘ REV “"5““ DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR “9° 1 0' 3 CIVIL RESTRAINING ORDERS ATTACHMENT cv-5014 1N§IBU§IIQN§ Please refer to Santa Clara County Local Civil Rules for more information. This form is not for use in restraining order applications filed at Family Court. This form is required in Santa Clara County, if you are asking the Judge to make immediate orders without the other party being present for a hearing. These orders are called ex parte orders. This form must be completed in any case where ex pane orders are requested. If you have given notice to the other side of your case. you must state the form of notice given. Notice means providing the other side of the case, either the attorney or a seIf-represented party. with copies of any papers that you want the Judge to review and any orders that you are requesting. If you have not given notice, you must explain why you have not given notice. There are some circumstances when notice may be waived, such as cases involving allegations of domestic violence where the safety of a party or a child might be at n'sk if notice is given. It is up to the Judge in your case to determine whether notice will be required or not. SECTION #1 State whether you are the Petitioner or the Respondent in the case. Once a case is filed, the parties keep the same status in the case. You do not change from the Respondent to the Petitioner by filing a new motion in the case. If you do not have an attorney, you are considered seIf-represented. SECTION #2 If the other party is represented by an attorney, you must provide the Court with the attorney's name and address. If the other party is not represented by an attorney, you must provide the Court with the other party’s address. SECTION #3 It is very important to list all other cases in which you and the other party have been involved with the courts. This would include other Family Law. Probate, Juvenile. Restraining Order, Child Support. Civil. or Criminal matters. If you do not have the case number, please put unknown and list the county and the year of the filing. if possible. SECTION MA Unless notice is excused by the Court, you must provide notice of this motion to the other party before you deliver a copy to the Court. When you give such notice, specify how you did it (by courier or personally, for example) and at what time and date. Also, please explain how you know that the other side received copies of your papers and what response you were given. SECTION #43 If you did not give notice of this application, explain why in this section. Check as many boxes as apply. You may also write out any further explanation of your reasons for not giving notice. After this form is completed. attach it to your restraining order application and submit them as follows: c If Civil Harassment. Workplace Violence, Private Postsecondary School Violence, or Transitional Housing Misconduct; to the Civil Division Clerk’s Office at 191 North First Street, San José. CA 951 13 o If Elder or Dependant Adult Abuse to the Family Division Clerk's Office at 201 North First Street, San José, CA 951 13 CV'5°“ REV ““3"“ DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR "9° 2 °' 2 CIVIL RESTRAINING ORDERS