DeclarationCal. Super. - 6th Dist.February 23, 2021lO ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 26 27 28 21 CH009879 Santa Clara - Civil Electronically Filed by Superior Court of CA, [lglgoliégfiggségsgfi SBN 288052 County of Santa Clara, 255 N. Market St. #125 0n 4/7/2021 8:11 AM San Jose, CA 951 10 Reviewed By: M. Sorum Phone: (408) 641-8803 case #21CH009879 per@advocaslaw.com Envelope: 61 88686 Attorney for Pitchayapa Chaowalit IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA PITCHAYAPA CHAOWALIT, Case N0.: 21CH009879 DECLARATION OF COUNSEL IN SUPPORT OF PETITIONER’S OPPOSITION MOTION TO STRIKE PURSUANT TO CCP § 425.16 Protected Party, V. CANEISHA HOWELL, Date: May 17, 2021 Time: 8:45 am. Dept: 22 Judge: Hon. Beth McGowan Restrained Party vvvvvvvvvvv I, Paul E. Rogers, am an attorney licensed t0 practice before the Courts 0f this state and am attorney of record for Petitioner PITCHAYAPA CHAOWALIT. If called t0 testify, I could and would testify competently t0 the following: 1. I am an attorney duly licensed t0 practice law in the State 0f California with my address located at 255 N. Market St. #125, San Jose, CA 95 1 10. 2. Following the issuance 0f the above restraining order, Caneisha Howell began texting protected party in early June 2020 t0 return property belonging t0 Hahn, saying she was a “legal document assistant.” 3. During those text exchanges, Caneisha Howell demanded the return 0f Hahn’s property, and threatened protected party by saying, “He wants it now 0r is reporting it stolen” and “you stole it.” I am informed and believe that such statements d0 not comport within the conduct 0f a legal document assistant. 1 Declaration 0f Counsel in Support 0f Petitioner’s Opposition t0 Motion and Motion t0 Strike - 21 CH009879 M. Sorum lO ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 26 27 28 10. 11. On June 0f 2020, Caneisha Howell sent the protected party a letter, calling herself a mediator. In that letter, she stated Hahn was “pushing the police department t0 investigate you for domestic Violence and theft.” She claimed t0 “have experience in helping people obtain citizenship” and stated “a restraining order against you will make it difficult if not impossible t0 obtain citizenship.” I am informed and believe that those statements are not true. Ms. Howell has sought and supported other sanction requests against me. EXHIBIT H. and has filed a request for $27,500.00 in sanctions in this present anti-SLAPP action. On March 19, 2021, Ms. Howell filed a restraining order against me, alleging I was somehow responsible for damage t0 her car when she was served by a licensed process server. Howell has previously dodged service upon her as an agent 0f her LLC, even though she is required by law t0 accept service as the designated agent for service 0f process. EXHIBIT I. My client has incurred costs in this case 0f $1,858.50 thus far, not including the costs 0f this Opposition t0 Motion t0 Strike. Costs include drafting 0f the TRO @ 2 hours; court appearance 0n April 6, 2021 @ 45 minutes; service 0f process @ $79.50; mailing, filing, filing fees, etc. I estimate I have spent approximately seven (7) hours preparing the opposition, and will spend further time attending the hearing 0n the special motion t0 strike. Thus, if Respondent’s Motion is denied, Plaintiff is entitled t0 total attorney’s fees award 0f $4,308.50. My hourly billing rate is $350 per hour. I have extensive law and motion experience, was a deputy district attorney (County 0f Glenn) for approximately a year, where I conducted numerous felony trials, approximately 30 preliminary hearings and charged over 320 cases in a vertical prosecutor role. Since 2013, I have worked in the areas of family, civil and juvenile law and in criminal defense. 2 Declaration 0f Counsel in Support 0f Petitioner’s Opposition t0 Motion and Motion t0 Strike - 21 CH009879 [\J' 16 1'? ‘18 19‘ 21 22 23 24 25 26 2B 12. My billing rates have been deemed reasonable in all cases where fees have been at issue and my rates are consistent with those in the San Jose/Santa Clara County area. [declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: April 6. 202) Paul E. Rogerseglomey for Pitchayapa Chan alil 3 Declaration of Paul Rogers in Support of Opposition to Motion and Motion to Strike - 2|CH009879 Exhibit H H.405armour onmwwmomanomzv surem sums»! warmurmurMun Commamm PMTY FmM. 3mm moses; Po Box 2118 cm 5m Jone 8m: Ca areonauim mmouc uo: wa-zu-zoas m: no emu.mfiss mtualeoalflomalcom nomev Fm :m-m In Pm Fe!m COURT OPCALM. 000W" 0F8m Clan smsnmuss 201 N, rimSm mus mousse 201 N. First8m cmmo zw cone Sm Jase. Ca $1 13mum Famly Juana: Cantu PETITIONER: PachayapeChw RESPONDENT: Menach-m Hahn OTHER pARENTIPARTv: TEWORARY EMERGENCY (EX PARTS) ORDERS WWW!"D Chad Custody D Vnaitwon (Panning Time) D Prooem Control 200V000265m Other (spam. Maion to Quash Summons altemwvely Motion [or Pruecbvo Order 1. T0 (mush:m Pofitionet D Responder: D Othar PuenUPany m Other (mam: Respond»! Menadwm HanA court heaving will be held on thoRom for Odour (form FL-SN) sewed with th‘a orde, as tom: a. Duo: Time: C] Dom: a Room: b. Ame: of com [m same as nooed above a othet (spawn z Flown”: Tamomy emergency (ex pane) cram are needed mo: (a) help preventm immeaato ms oritem» harm to a paw or to chllaon in me case. (b) help pmant immedtale Ioss or damage Io ploporty abject tomason 'n the case. o: (c)m or mange prooodum for a hean'rg 0v ml. COURT ORDERS: The foliowing Iempomy emergency aders 9min on tho dun and um: of the hearing :cheduiad in (1). unless extended by court odor: 3. D cmw cusroov mmmmmmmmmm a. Chum mm Pomona Respondent Other PanyIPaenlE E DE D ED D ED D DD D ED Confinued on Anachmanl 3(a) b. a VIM» (Punting Time) me temporary «den for physical custody, cure. and connol ofmm didran ’n (3) are subjoa lo me other paw: or patio:m ofwhim (mulling Ema) as follows(M: D Seaman THIS IS A COURT0m. hp v on mwc 2mm Tsmv EMERGENCY (ex PARTE) ORDER: “magi333$;Plum M 1. 2mm mmmpv H.405 PETITIONER:P‘WPIWOW“ cu Musk RESPONDENT; MUM"! Hm NW5 OTHER PARENT/PARTYI 3, D CHILD CUSTODY (continued) c Tmolmuons (1) Tho party or panias with temporary physied custody. we, and control o! minordtidmn must notnmm Ihemlnoc children from thomu of Calliomla unless tho coon clown itum a noticed hearing. (2) E Petitioner E Respondent D Otter PareMIPany must mt mmow molt aim dildran (mum: (a) [J lrom 1m state of Cdifomia (D) a franmefolawhgoounues (M): (e) E ache: (spawn.- d D Child amwon pmflon cram are awed (soc form FL-341(B)). e. (1) Jurisdcflon: This court has jurisdiction ho make dild custody orders in this cue under tho Unflom Child Cumdy Jurtsdidion and Enfomemem Act (part 3 of the Calibmia Family Code. oommna‘m win ”aim 3400). (2) Nodes and oppommky to b. hard: The responang party was g‘von notice and an opponun'ny lo be beama promded by the laws 01 m0 $1310 o! CaMomia. (3) Country ol habitual mldoncnt Tho coumry o!hm residence of the mild or didren is (madly):D The United Sum olAmortca E Other (specify).- (4) I! you vlolab ml. ordar. you may b0 subject 0° civil or criminal pom”... or Dom. 4. D PROPERTY CONROL a. D Pefitiooer D Respondent E OIMPamIIPany isgiven emnanpomyuee.meuion.m Wdflnflowiupmpeflymmoames D museum D Morten! b. D Palifioner D Remnant E OlherPareMIPany homeredtomakcmommuonmmsawmmmmmmvnmtisinm Pay to: For. Amourt S Due dale: Pay lo: For. Amount: 3 M dale: Pay lo: Fan Amount: S Due dale: Pay Io: For. Amount S Due dale: 5. E MahuuimgordmmoflnoommmmmymmmorUm Waianomand om. 6. m OTHER ORDERS (spscfly): G Additions orders as wad ’n Madman B. Tho Pofiltomn subpoena soaking m1 mag». «malls ma business macros Irom tho NON PARTY Caneisha Howe! i mdot Madororallomuy quashed. Tho Penman!“mm masco‘my fromm Respondent. Counsel aha share lhe dummy sanction: tough! by me NON PARTY o! $1 £72.00 tut misuse d discovery. nmsormumonowm WSBA COURTORDER. minkM ”0'! TEMPORARY EMERGENCY (EX PARTE) ORDHS Mu" FL-300WWAMVWAWY ngfEmm "Wm“, WE CmMaPOW PM‘I'V Fm WE: BT67mm P0w 21 ‘3 CWY‘ 8n J0” "ATE: CA 2'00K 05109 mvnout m 408-228-2626 W 'n- E MALmuss anwmmnan AITMNEY Fm :ww’l In Pro Pot ”ERICK COLRT Of CALPORNM.cm OF SamWI smutmuss 201 N. First Sheet mtuomnss 201 N. Fin! Skeet cmmozwcoos San Jose, Ca. 96113m u»: Fanny Law PETITIONER: Pilchavape Charm“! RESPONDENT:Mom Hahn OTHER PARENTIPARTY: REQUEST Foe ORDER E came: m mmmvomm assumesD cniId Custody D Visitation (Farming Tame) E Spouse: or Pam: SupportWD Child Support D Domestic Violence Order D Amomey's Fees and GodsD PWW E Other {spam}: Motion Io Ouuh Summons abundively Motion for Pronouns 0m! NOTICE OF HEARING 1. TO (name(s»:m Pcfi‘nm D Rosamund D OMPammlPany m omuapgcim: Respondmt Monachcm mhn Z A COURT HEARMG Wll. IE HELD A3 FOLLOWS: a Dan: Time: D Dept: E Room: b M&esaofooun E same asnotodabove a M(qpea’fy): 3. WARNING tom. pomn «nodm mo RoquuthrOrdor: The court may mute me requestedom whom you ifyou do nmflea Responsive Dsdaratr’onto Roquesfloromenfocm FL-320). serve acopyon them panic“! least ninecouwaya before tho hearing (unless the court has ocderad a shoruet period of time). and appear at the heaing. (See Ibrm FL~3204NFO m!m mlbnnan'm.) (Formsfifimwro andDwoojzymmm mronnacian about campIeMg1m ram COURTORDERhbmm mmmmn 4. mflm D form m umillheheating iashorhened‘Servioomwbomabcfaewab): 5. D ARsspmsiwDommmeromflomFL-wmmunbewvedonorbamwdm); 6. E Thapanicsmutt almd an appointanordidcuuody muucn «MmodweoonmendingMaloum (spew? data. limo. and Iocwon): 7. m Mama: TenporavyEmergamnyxM)OMtlonnFL-aosnmtomiammmmm Wwihalldocummflledwlhflhmqwdfwm. 8. E 0th.: (snowy: ' mefilfli Mvd‘mmhmm rummfims 21mm _ c fl n REQUEST son canes m FLQWIF'I "taill Wmfim“mam Mofill”Mam Fm PETITIONER: Pfifi-Y-BP'mm mmm RESPONDENT; Menamem Hall WOTHER PARENT/PARTY: REQUEST FOR ORDER Note: PlacesmE infromafmemumappllcsloyourcaseortoyourmst. lfyouneed more space. marklhaboxfor ‘Ntachment.’ Fa «ample. mark ‘chhment 23' to Mimic ma the list of dimen‘s names and birth data: continues on a paper anxhed ho mi; form. Then. on a sheet ol mot. list sad! attachment number followed by your request. At the mp of tin papa. MI: you: mme. case mater. and ‘FL-300' as a tithe. (You may use Alteched Demmion (form [4432119 lot this pupoae.) 1. D RESTRAINING ORDER INFORMATION Om oc mom domestic violence restrmmwprolocfive omen 8e now In wed between (specify):D Potitionet D Rospowent E Other PamWPany (Adam a copy o! thoomhmhm om.) The ordets are from the following com or courts (speedy comfy and3mm; a. D Crlminat Countylstao (specify): Case No. (Ilknown): b. D Fanny. Coumymue (specify): Case No. (111mm): c E Juvenile: Countymm(mom: Case No. (Ifknown): d. E Othet: Counly/stabuapewy); Case No. (IV known): 2' D CH'LD CUSTODY E Imuesllempomy mummy order:E VlsrrATION (PARENnNG 11MB) a I request that the ooun make amen about tho fo|lowing mildren (M): , Lmjgymm monwho mmmmmmfpmWm: mam Dmsheameaemmmcxg mmmm: b. D ThooMoulI-equestforD milduulody D M(pammgm)m: (1) E Spodfiedinheaflachodlwms:D Emmeos D EmmEL-jn D EmmEL-ajz DWC)a an‘ELrsmm D Forme-gana D mhenmary): t2) a Astoummowy): D Atmhmemzo. c. mmeImummhmabequlmaildrmm(mdM: SW d. D Thisiaachwehommcmmmtnr E chldcusiody D v'nitafimmammumo). (1) E Theodorforlegal orphyslcalamywasibdonfwa): Thoeoumtdarad (mam: m E Thoviaiafiantpammum)muvmflodm(dafia)z .‘Ihemunordemumodm: D Mmmm WMMWQ mussrFoam Jfivm FLJW PETITIONER: mumChmn cmumm RESPONDENT: Macadam Ham W5 OTPER PARENTIPARTY‘ 3. E CHILD SUPPORT (Nah: An caning: assimment may be hound. Soc Incomemm brSuppod (form FL-19Q a‘ lmmtlmcoufl «dermild npponasfnllmaua: Minimum 'mfimpmhmwfldbaodonhodidmonwidahe. (unabyguidehe) Anaahmem 3a. h. D lwanttodungeawmntowrtordorforafldamonfladon(data): D Tho court Mend chin suppma folowe (specify): a InavawemandfladwimthisRequssthrOrderawmanmmflonamflmalfibdamFWSWfSWGDm} FL-165) WalmmmnnnlsnfllobnnFL-Isa. d. mmmuldmhormmMmordmbmma(wodfyx DW 4. E SPOUSAL OR DOMESTIC PARTNER SUPPORT (Nan: An Earnings Assigmnnt OldarFor Spousal «Partner Suppod (form FL-435) may be Issued.) a. D Amomt tomes!” (monthly): 8 b. D Iwannhecounbo D change D end tho mntsupportorderflodonmete): Tho court ordered S per lmnth for upped. c D This request Is tomm (dance) spousal 0t partner swpon mt army oi a judgment I have completed Md attached Spousal orPam Suppon Declaration Attachment (fmmEL-Jfil) or a dedaraion that addresses tho same factors covered in fonn H.457. d. lhave mph!“ and fled a current Income andExpense Declaration (form H.450) In wppon ofmy request. o. Tho coon shoutd should make. crime, ct ma tho support ordersm (madly): Dmm 5. D PROPERTY CONTROL D I request umpomymncy adore s. Tho E pet'fionot D mpondom E dhcmnllpany bog‘mudusivo totnpctary uso.pooaeasion.and control dtheiollowing uopenylhaweD ownorate buying D Ieaoeorrem (specfy): b. The D DemeterD respondentEmm baordaedmmaheflniollmpawumondebu audienacomiwduwh‘lohudorisin Pay lo: For Amount 3 Due dae: Pay to: For. Amount: s Duom: Pay Io: Foc Amount S Duem: Pay Io: For: Amount: S Duem: c. D This ls a mange from 1m current order fot ptopeny control filed on (date): d. Spock” In Attachment 5d mo muons my the court should make o: mange the property control olden. "WW Mtm1 REQUESI FOR ORDER hum FL-m PETITIONER: PiduayapoChm cmmm RESPONDENT: Memdnem Hahn 20W OTHER PARENTIPARTY; 6. D ATTORNEY‘S FEES AND COSTS I mquest attorney‘s fees md costs. whim total (specify amount): 8 . I mod tho follwing to swoon my request: a. Amm Insane andExpenso Oodamb'on (fmILEL-Jfi). b‘ A Request IorAtfomors Fees and Costa Attachmemfiormflgfla) a am nu sumac tmtam covered influtiotm. a A SupportingDocumMnMIAflamy'sFmaMCostsAWUmnfiLdfimmadedamfimmmm hammered intMtform. 7. a DOMESTIC VIOLENCE ORDER o Do not use this form to ask fat domestic vblenoe reaming owersl Rad 10191031591953. How Do IAsk bra Temporary Restraimng Order, for forms md information you need to ask for domestic violm restrain'ng orders. ° Read 1mm [N Ag) N‘gg How to Change or End a Domssfic Viofanm Restraim‘ng Ordarfa' more infommlon. a. The Redraining OrderAflerHean’ng (form DVv130) was filed on (date): b. I teouest that the ooun D change 1 l end me persona condua. stay-away. movo-out orders. or other protective «dots made in Restraining OrdorAllcrHoaring (ionn DV-130). (rfyoumm change the orders, wanton 7c) a D lawmmomnmakeunfollmdmgeuommmgmwedm. D mmmmug d. Iwarltlncommchameumdmeadmbecameupecfly): SW 8. D OTI'H ORDERS REQUESTED (W): EAW s. E m5 FOR SERVICE I TIME um1L HEARING Iuganuy need: a. D TomefiIeRequeabrOrdermlesaflm (numbefi: coufldaysbe‘oremeheat'ng. b. m muafingmmmaolthommqmstmomrlobam. c. Inocdtho orderbecaususpeciryjs D Ahachmamm [filed via dropbox a regular noticed motion or aromd 12l22l2020 am I haw not had lha papomork rotmed to mo yet. We are now toom to the trial dale lo have a regulafly noticed heartm. I need ‘he mouon no be Mara umenlry tot mywoman presence bo be excused from (ridw my business moods. tout messages and emails w be protected. 10m FACTS T0 SUPPORT the cram l request are listed below The 12cm mm I wme n support and mad: to this request cannot belongumnwpaocs unlosstheoounglvesmepennhdon m Jlfifihmnllfi Dan: mmom Canosha Hm! mp: onmm mas: Request for Accommodations Assistm Blonivasysems oompuer-assisted real-Ilme eamioning or aim lmguage merpralar sewioas am avail” if youaskatleaat edaysbeforemaprocoodimg Contactmuut'losoffioeago www.coumcagowflarmslorflequw (w AccommodmzsbyPersonsI/Whalsanmaumdmspansc (fmmhiflfilm. (Civ.0ch,5“ macaw». M, a ma REQUE8T FOR ORDER ww‘ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 CANEISHA HOWELL PO BOX 21 13 SAN JOSE, CA. 95109 cuncishulcgalfu‘gmaiLcmn 408-228-2626 Non-Party, In Pro Per SUPERIOR COURT 0F THE STATE 0F CALIFORNIA FOR THE COUNTY 0F SANTA CLARA Case No.: 20DV000265 PITCHAYAPA CHAOWALIT g ) Petitioner, ) ) MOTION T0 QUASH 0R ALTERNATIVELV Vs, ) PROTECTIVE ORDER AND MOTION FOR ) SANCTIONS OVER NON PARTY SUBI’OENA ) SERVED BY PETITIONER PITCHAYAPA ) CHAOWALIT MENACHEM HAHN ) ) (AWAchENr Io) T0 ALL PARTIES AND THEIR ATTORNEY 0F RECORD IF ANY: INTRODUCTION Cancisha Howell (hereinafier "NON PARTY”) hereby moves this Court for an order to quash or alternatively a Protective Order and sanctions regarding a hotly debated subpoena and Notice to Appear served to the Non Party on or around November 20th. 2020 (Exhibit A) by the Petitionet Pitchyapa Chaowalil, seeking ”copies of fee amements between Caneisha Howell and MEMORANDUM OF POINTS AND AUTHORITIE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Menacbem Hahn, 2) copies of all text messages between Caneisha Howell and Menachcm Hahn. 3) postal mail and email correspondence between Camisha Howell and Menachcm Hahn. 4) copies of all text memges between Camisha Howell and Pitchayapa Chnowalit. 5) Camisha Howells registration as a licensed prams server, 6) documents reflecting Cancisha Howell is a mediator, 7) Caneisha Howell’s registration and bond related Io her Legal Document Asistam, 8) Cancisha Howell’s state bar card. 9) Caneisha Howell professional licenses etc. Subpoena seeks records regarding both cases 2ODV000265 and 20CV36694 I. BACKGROUND No one is debating that Respondent Mcnachcm Hahn (hereinafier "RESPONDENT? hired 0n Time Legal Document Assistance LLC to respond to a Temporary Restraining Order, and to file Civil Complaint for damages. 0n Time Legal Mobile Docume Assistance LLC. (hercinafier “0N TIME LEGAL”) is a corporation directed through executive title by the NON PARTY. 1n working with the RESPONDENT. 0N TIME LEGAL was hired to mach out to the Petitioner Pitchayapa Chaowalit (hereinafter PETI'I1ONER) for personal service on the Temporary Restraining Order. personal service for the Civil Complaint. to prepare a letter to the PETITIONER l0 ask if she desired a global settlement of all mucs. and since the NON PARTY and PETITIONER had peaceful communication, a request if the PETITIONER would send stolen personal property belonging lo the RESPONDENT (which ended as a peaceful exchange of property between panics) of which the PETITIONER requested her own property as well. NON PARTY first communicated with the Petitioner on June 3", 2020, the communication detailed (hm the NON PARTY needed to serve the response to the Temporary Restraining Order. The PETI‘I'IONERm informed she was also being civilly sued on June 4*. 2020. The PETITIONER falsely told the NON PARTY that she did not live at the Sunnyvale address listed on hcr Request for 2 MEMORANDUM OF POINTS AND AUTHORITIES 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Temporary Restraining order and mquested she be served at an address ofl'of Gish Rd. in San Jose. The PhTI'I'IONER was later sewed in person at the Sunnyvale address with the Temporary Rmtraining Order filed by the RESPONDEN'I‘S Counsel. There wete several communications regarding the Civil Complaint and personal service of it between the NON PARTY and lhc PETITIONER. On June 23", 2020 NON PARTY received on behalf of the RESPONDENT his stolen property from the PETITIONER, who had taken the item with her when she moved out of the Milpitas apartment she previously shared with the RESPONDENT. ln exchange thc NON PARTY sent the PETITIONER‘S property that the RESPONDENT had posmion offrom the Milpitas apartment, that the PEI'lTIONER had lefi when she moved out via United States Postal Service. On July 1‘, 2020 the NON PARTY personally served the PBTITIONER at Court in Department 66 with the Civil Complaint. Aficr the hearing, the NON PARTY and PETITIONER exchanged text messages and email regarding an amended declaration that lhc PETITIONER was ordered to serve to the RESPONDENT during the Court hearing. Aflcr the RESPONDENT hired Counsel. the NON PARTY alerted the PETITIONER that she could only speak to her regarding the Civil Complaint. The only additional text messages exchanged were regarding the default issued against the PETITIONER in the Civil case. The NON PARTY has assisted both parties with service . exchange of personal propefly and exchange ofdocuments on the Courts direction prior lo when parties hired Counscl. The subpoena and supporting amdavit seek docmncnts and testimony which are irrelevant to the matter in dispute and arc not likely lo lead to the discovery of admissible evidence. NON PARTY has told thc PETITIONERS Counsel she has no testimony mlcvanl lo alleged domestic violence (Exhibit B). There arc no police investigations, no order to show cause requested, no amended ordcts 3 MEMORANDUM OF POINTS AND AUTHORITIES 10 11 12 13 14 15 16 1'? 19 20 21 22 23 24 26 27 28 NOTHING to support any legal conclusion that the NON PARTY’S contacts with the PETITIONER arc harassing and annoying. The NON PARTY‘S contact was necessary to fulfill on service of a civil lawsuit and requst stolen property as well as communicate about a declaration the Court directed the PETITIONER to serve to the RESPONDENT as well as regarding a default judgment on the Civil mse. The NON PARTY has no documentation regarding harassment and annoyance towards the PETITIONER by the RESPONDENT and yet has not been relieved of the burdensome subpoena. Forcing NON PARTY to appear as a wilnm to testify, as well as provide personal text messages with the RESPONDENT and businas records would be outside the scope of relevant evidence. The PETITIONER'S Counsel has refused to amend the content sought by the subpoena as well as excuse the NON PARTY’S compliance. The content of the subpoena socks documents from theNON PARTY not ON TIME LEGAL which was hired by RESPONDENT. 11m is the first issue. Second, the PETITIONER’S subpoena has bccn objected Io (Exhibit C). Third. all of the demands are well outside the scope of relevant discovery and as such the NON PARTY seeks discovery sanctions in the amount of $1,972.50 for the already burdensome and unnecessary Court appearance fmm ll/l2/2020 as well as time spent to prepare this motion under CCP 2023.030 (a) ANALYSIS The information sought by the PETITIONER is not likely to lead to relevant or admissible evidence. and thus. the subpoena should be quashed. See Calcor Space Faculty, Inc. vs. Superior Court flhiem Industries, Inc.) (I997) 53 Cal. App. 4‘“ 216, 221-224 finding a non party deposition subpoena unreasonable because it failed to offer any prooflhat lhc request was reasonably calculated to lead to the discovery ofadmimiblc evidence; People ex rel. Department quublic Works vs. Younger (I970) 5 Cal. App. 3d. 575, 579-580 which rejected parlys‘ legal conclusion that testimony 4 MEMORANDUM 0F POINTS AND AU’fl-IORITIES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ofnon party witness would be material to issues in case. The Court has bmad authority to quash a subpoena or modify a subpoena, order compliance with a subpoena or issue a protective ordcr. Code ofCivil Procedure Section 1987.1 provides any witness may make a motion t0 quash a trial subpoena and mqumt a protective order upon reasonable notice, See Lee vs. Swansboro County Property Owners Assn. (2007) IS] Cal. App. 4‘” 575, 583. NON PARTY has already communicated to PETITIONERS Counsel than she possesses no knowledge tégarding personal knowledge regarding the panics allegations ofdomestic violence. Additionme she has communicated that the burden lo requw hcr presence at a full day trial is financially burdensome particularly during the covid pandemic. “1t is even more important in thc context of a trial subpoena as compared to a subpoena for discovery, that the requests be reasonably tailomd and relevant so a to not waste the witness’ time or that of the Court and other parties”, Terry vs. SLICO (2009) 175 Cal. App. 4'”. 352. Under Business and Professions Code 6409 which states, “No legal document or unlawful dctainer shall retain in his or her possession original documents ofa client. A legal document assistant or an unlawful detainer assistant shall immediately return all of a client's original document; to the client in any one or more of the following circumstances: (c) if the services described pursuant to paragraph (1) of subdivision (b) of Section 6410 have been completed". Pursuant to this section the NON PARTY dom not retain any of the original documents nor any email nor text messages or any data when services are complete. The documents that the PETITIONER socks are not in the possession of the NON PARTY. 'Ihe subpoena states, "Cancisha Howell’s testimony and the requested documents will establish (ha! Menachem Hahn employed, instructed. and/or directed Ms. Howell to repeatedly contact Pitchayapa Chaowalit following thc issuance of a Restraining Order which protected Ms. Chaowalit from contact, harassment, or annoyance by Hahn via a third party, and Ms. Howell did 5 MEMORANDUM OF POIN'IS AND AUTHORITIES 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 contact protected party on bethofHahn to demand property fi'om her. implore her to drop the mttaining ordcr, to ascertain her whereabouts, and to harass protected party. The documents in Cancisha Howell’s possession will demonstrate that Menachem Hahn employed Ms. Howell in a professional capacity. and upon his instruction and direction, Ms. Howell knowingly contacted Pitchayapa Chaowalit during a time when she and Mr. Hahn knew that a Rmtraining Order protected Ms< Chaowalit fiom contact, harassment or annoyance by him. either directly or via a third party”. The NON PARTY has no personal knowledge of the harassment or annoyance that the PETITIONER socks to offer into evidence. which is improper and a legal conclusion. SANC‘I'IONS: Code ofCt‘vx‘! Procedure 2023.010, “Misuses of the discovery procm include, but are not limited to the following, “(b) using a discovery method in a manner that does not comply with its specified procedures. (c) Employing a discovery method in a manner or to an extent that causes unwarranted annoyance, embarrassment, oppmsion, or undue burden and expense. In the present case, the PETITIONER and her Counsel seek to exploit the discovery system by demanding text memges between a NON PARTY and the RESPONDENT, of which could never possibly reveal discoverable evidence. Requests regarding the NON PARTY‘S qualifications do not exist as 0n Time Legal Mobile Document Assistance LLC. is a Corporation which legistered in Santa Clara County, therefore the subpoena requmting NON PARTYS’ legal document assistance records is pointless and non existent. The request demands recomds that the NON PARTY is a mediator, has a state bar card. is a licensed proocss server. which do not exist. Any request for pmfmsional licenses by the NON PARTY are sought to harass. Requesting records from the NON PARTY regarding case 20CV36694| are wholly irrelevant and should be quashed. Code ofCode Procedure 2023.030 states, 6 MEMORANDUM OF POINTS AND AUTHORITIES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “To the extent authofimd by the chapter governing any particular discovery method ofany provision of this title, the court. aflcr notice to any affected party, person. attorney, and afier opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including anomcy's fccs incurred by anyone as a result ofthat conduct..." Hm the PE’I‘ITIONER and Counsel should be equally ruponsible for mcdons, Counsel for offering legal advice suggesting such frivolous action and the PETITIONER for agreeing to this course of action knowing full well she has access to the messages on her phone sought by khc subpoena. The NON PARTY spent 6.5 hours on the motion where shc charges $225 an hour for similar preparation ofdocuments, $60 for a filing fee and for appearing for the motion 2 hours at $225 for a m1 orsl972.5o payable within 3o days. CONCLUSION For lhc above reasons the NON PARTY requests that this (burl quash the subpoena or alternatively issue a protective order regarding text mesmges, emails. and business records that arc being sought by the subpoena from the PHI‘I’I’IONER, in addition sanctions of $1972.50 shared by the PETITIONER and her Counsel for misuse of discovery. Dated: 121220020. Non Party n Pro Per 7 MEMORANDUM OF POINTS AND AUTHORITIES Exhibit I Re: Subpoena service - address needed Caneisha Howell Thu 10/8/2020 3:47 PM To: Paul Rogers Hello Mr Rogers. | suppose you know that if you have trouble with an address you can substitute serve the secretary of state correct? Here is the link if you are not familiar with it. mps://www.sos.ca.gov/business-pr_ograms/business-entities/service-process If you are seeking records from me concerning Mr Hahn he is my client, he would require service as well. If your not familiar with it, its a "notice to consumer". When you serve your subpoena please make sure to attach such notice. And of course | have confidentiality with Mr. Hahn and could not be compelled to testify to our conversations nor my work product. | would have to meet any subpoena with a motion to quash with standard objections. | would hate for you to spend your clients money on such a frivolous request. | ask you to be very careful with your demands without researching logical and reasonable ways to deal with issues instead 0f threatening to lodge complaints. | know how to lodge complaints against such behavior similarly. Good day! On Thu, Oct 8, 2020 at 10:00 AM Paul Rogers wrote: Ms. Howell: My name is Paul Rogers and | am an attorney in San Jose. | need to serve you a subpoena to attend a heafing. My process server attempted to serve you at the address which is on file with the Secretary of State, at 435 South 6th Street #1, San Jose, CA 95112. During an attempted service, an occupant informed the server that you do not reside there. Under California Business and Professions Code, Sections 17900-17930, state law gquires the residential address of the registrant of a fictitious business name. You have registered your business with the Secretary of State using the above address, and it appears you do not reside at the address you provided to the Secretary of State. Please provide your proper service address to me via e-mail by 5:00 p.m. on Thursday, October 8, 2020. If | do not hear from you by 5:00 p.m. today, | will lodge a formal complaint with the Secretary of State, as well as any paralegal licensing or oversight agencies in California. Alternatively, you may contact me to arrange to come by my office to pick up the subpoena. Sincerely, Paul Rogers Advocas Law Group 255 North Market St. #125 San Jose, CA 95110 (408) 641-8803 CONFIDENTIALITY NOTICE: E-mail may contain confidential information that is legally privileged. Do not read this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying,distribution 0r use of any of the information contained in or attached t0 this transmission is prohibited. If you have received this transmission in error, please immediately advise us by reply e-mail, by forwarding this to Madvocaslaw.com, or by calling (408) 641-8803, and destroy the original transmission and its attachments without reading or saving in any manner. Thank you.
