Notice New Hearing Date Order on ReissuanceCal. Super. - 6th Dist.March 3, 2021Envelope: 6353055 ‘ k CE k {amps dais h whenform‘s filed,CH-1 1 6 Order on Request to Continue Hearing er s ”e ' Complete items CD and® only. CD PfOteCtEd Pal'tyiMonica Martinez-Mendoza ® Restrained Party: Benjamin Samuel Dolida The court WE?! complete the rest of this form FE]! in coufl name and street addmss:® NeXt court Date Superior Court of Calffurnia, Coumy of a. D The request to reschedule the court date is denied. Santa Clara Your court date is, Downtown Superior Court (DTS)‘ ‘ 191 North First St. (i) Any Temporary Restraining Order (form (21"1'41. 1Q) already granted San Jose CA 951 13 stays, in full force and effect until the next court date. (2) Your court date is not rescheduled because: Fifi in case number: Case Number: 21 CH009899 b. E The request to rescheduEe the court date is granted. Your cnurt date is rescheduled for the day and time Eisted below. See@~® for more information. Name and address 0f court, if different from above: New . Date;June 16, 2021 Time:1230 PM Cout’t .4 . Date Dept. Room. Temporary Restraining Order a, D There is no Temporary Restraining Order (TRO) in this case. unti! the next court date because; (1) D A TRO was not previouSEy granted by the court. (2) D The court terminates (cancels) the previousiy granted TRO because: b. E A Temporary Restraining Order (TRO) is still in fuii force and effect because: warning and Notice t0 (l) E The court extends the TKO previously granted 011 (date): March 3 2021 13w ReStmineé Party: If® b is checked, a civil harassment restraining It now expires am (date): June 16, 2021 (ff m) date 1S Izsléed, the TRO expires ax the end qftfze cow: dale listed m 3b.) order has been issued . ‘ _ ‘ a ainst ou. You must (.2) D The court changes the TRO prevaously granted and sx‘gns a new ”FRO (form. ffnow tie orders am” CH»! 1 Bl they expire. c. D Other (Specyfis); This is a Court Order. $353323:E'r'flfzzaggfianm3'égffgp" Order on Request to Continue Hearing CH-ns. Page 1 omcm“CWWMM52"“m‘m‘9 (Temporary Restraining Order) (CLETS-TCH) .9 (Civil Harassment Prevention] Filed May 3, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21CH009899 By: knguyen Case Number: 21 CH009899 Raviseci January 1, 2020 C5) Reason Court Date Is Rescheduled a.E There is gum! cause t0 reschedule the court date (Meal: one): (l) D The protected party has not serveé the restrained party. (2) E Other; The Court set the matter for Trial: Jung 16. 2021 b‘D This is the firs: time that the restrained pariy has asked fur more time to prepare. c.D The court reschedules the court date 0n its own motion. ® Serving (Giving) Order to Other Party The mquest to reschedule was made by the: a. Protected party (U E You d0 not have t0 serve the restrained party because they or their lawyer were at. the court date or agreed to reschedule the court date. (2:) D You must have the restrained party ‘personaily served with a copy of this order and a copy of all dacuments listed 0i: form (H409 item @, by (date): (3) D You must have the remained party served with a copy of {his order. This can be done by mail. You must serve by (date): (4) D Other: b. D Restrained party (1) E You d0 not have to serve the protected party because they 0r their iawyer were at fihe court date or agreed t0 reschedule the 00an date. (2) D You must have the protected party personally servad with a copy 0f this order by (daze): (3)D You must have the protected party served with a copy of this order. This can be done by maii. You must serve by (dare): (4) D Other: This is a Court Order. Order on Request to Continue Hearing (Temporary Restraining Order) (CLETS-TCI-E) (Civil Harassment Prevention) c. D Court { 1}D ther notice is not required. {'2}D The court will. mail a copy 0f this order to 2133 parties by Mate): {3)D Other: CH-1 16, Page 2 of 3 .9 Case Number: 21 CH009899 ® No Fee to Serve (Notify) Restrained Person D Ordered D NOt Ordered The sheriff or marshal will serve this order for free because: a. D The order is based 011 unlawfixi violence, a credible threat ofvioience, 0r stalking. b. D The person in CD is entitled t0 a fee waiver. @ D Other Orders Date: Judiciefl Officer Request for Accommodations Assistive listening systems, computervassisted real~time captioning, or sign language intelpreter services are availabie ifyou ask at least five ciays before the hearing, Contact file- clerk’s office or go to www.murts‘m.gow’fmmsh‘im for Requemfw Accommodations by Penmns With Disabilities and Response (farm MC-410), (Civ. Code, § 54.8.) Instructions to Cierk .Ifthe hearing is rescheduled and the- court extended, modified, 0r term£nateé a temporary restraining order, then the court must enter this orcier into CLE’I‘S 0r send this order t0 law enforcement to enter into CL‘E’FS, This must be dune within one business day from the day the order is made. “Clerk's Certificate“ Clerk’s Cerfificate I certify that this Order on Requesf t0 Continue Hearing (Temporary Restraining I Order) (CLETSJCFD is a true and correct copy of the original on fiie in the court. [sea] Date: Clerk, by , Deputy This is a Court Order. Rewsemmuerymuzo Order on Request to Continue Hearing CH4“: Page 3 0f3 (Temporary Restraining Order) (CLETS-TCH) (Civil Harassment Prevention) Commissioner Erik Johnson May 3, 2021 CH-1 1O Temporary Restraining Order Person in® must complete items@ , I’ 2 , una’® only. Clerk stamps date here when I'Drm is fifed‘ Filed March 3, 2021 1 Protected Person Clerk of the Court a. Your Full NamE: Monica Martinez-Mendoza Superior Court 0f CA Your Lawyer ([l'you ha v9 angjytf {fris__cfl.s‘o); h V _> p COUDtny Santa Cla Fa Name": ' E&iiQ’a’fNEEméfi Stare Bar No.31 314a 21 CH009899 Finn Name: Nijmeh & LaMotte, P.C. By: knguyen b. Your Address (ifiyou have a lawyer, giveyoar lawyer‘s injbrmatirm. [/"yuu r10 not have a lawyer and want lo keepiyéozzr home aa’a’resxs' privwe, you may give a diflewent mailing mldrestx' instead. You d0 no! have :0 give telephone. fltx. or e-maiL): Address: 2 N. Market Street, Suite 444 Fifi in coun name and sneer address: Superior Court of California, County of Santa Clara Downtown Superior Court (DTS) 191 North First St. State: CA Zip: 951 13 408-61 0-2804 Ch)“ San Jose Teiephone: 408-6424 345 E‘Mail AddFESS: emile®niimeh~¥amotte£om Fax: 191 North First St. San Jose CA 951 13 Court fifls in case number when fon'n is flied, ”fl Restrained Person Full Name: Description: Beniamin Samuel Dolida Case Number: 210H009899 Sex: M D F Height 6‘0" Weight: 175 Date 0f Birth: 12-214 989 Relationship to Protected Person: Cousin Hair Color: Brown Eye Color: Brown Age: 32 Race: Hispanic Home Address (ifkmm‘m: 6908 Austwick Ct. City: SanJose State: CA Zip: 95119 3 E Additional Protected Persons In addition to the person named in (D the following family 0r household the temporary orders indicated below: members of that person are protected by Age Household Member? Relation to Protected PersonFull Name SE< lsabelR.Mendoza Femal 20 Yes D Yes D Yes D Yes U N0 Daughter :3 No D No ___ [j NU mD Check here gfthere are additional persons. List them on an attached Jheet qf'paper and write “Attachment 3-~ Additional Protected Persons " as a title. You may usejbrm MO 25, AItachmenfi Expiration Date The court will complete the rast ofthis-jbrm. This Order arpires at the end offhe hearing scheduledfar the date and time below: Daze: _ m R 2 i 232] Time: gm Kan. D p.m This is a Court Order. Temporary Restraining Order (CLETS-TCH) (Civil Harassment Prevention) Judicial Cauru} of Carflmm,m www.cagov Ray Mulch 15. 2019. Maualm‘ Farm Coda av Ctvd Pramom, §§ 527 E and 527.9 Appnwed by DO.) CH-11D. Page 1 of6 9 ?Case Number: g 2 1 C H 00 98 9 9 Ta t_h'e Person fine :- The court has granted the temporary orders checked as granted below. lfynu do nut obey these orders, you can bearrested and charged m‘th a crime. You may be sent to jaii for up to one year, pay a fine 0f up t0 $1,000, or both. ® Personal Conduct-Orders :3 Not Requested h Denied Untilthe Hearing fl Granted as Foilows: aA You must not do the following things t0 the person named in ®E and £0 lhc other protected persons listed in ®z (1) Z Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse.destroy personal property 0f, or disturb the peace of the person. (2‘) Z? Contact the person, either directly 0r indirectly, in any way, including, but um limited to, in person, bytelephone, in writing. by public or private mail, by intemffice maiL by e-mail, by text message, by fax.or by other electronic means. 1'3) E Take any action m obtain [he person‘s address or location. If‘this item (3) is not checked, the court hasfound good cause not t0 make this order. (4) j Oiher (specify: 5'”? Other personal conduct orders are attached at the end ofthis Order (m Attachmemiam). L_.. b. Peaceful written contact through a lawyer 0r a process server or other person for service of‘lcgal papers relatedto a court case is allowed and does not violate this order. However, you may have your papers served by mail0n the person in Q) ® Stay-Away Order [j Not Requested fi Denied Until the Hearing B Granted as Follows: a. YOU must Stay at Eeast 3H) yards away from (check 01! that (:ppfiu): (1”) E The person in G) (7) [:1 The place Qf child care of‘thc children of (2) M Each person in© the Person i“ (D (3) g The home ofthe pcrsun in {1) (,8) E The vehicle of the person in CD (4) The job or workplace of the person (g) E 0mm (specwy;i“® §22M_axeflen Avenue, San Jose, CA 95126 (5) 3 The school ofthe person in (E {6‘} D The school ot‘the children ofthe person in G) -.,_ A..._ _ b1 This stay-away order docs not prevent you from guing to or from your home or place of empioyment. r7 No Guns or Other Firearms and Ammunition a. You cannot own, possess. have, buy or try to buy, receive or try m receive, or in any other way get guns, otherfirearms, or ammunition, b. You must: (l) Se“ to or store with a licensed gun dealer, 0r rum in t0 a law enforcement agency, any guns or otherfirearms in your immediate possession or control. This must be done within 24 hours of being served withthis Order. his is a Court Order. R8" “3”" 15‘ ”“9 Temporary Restraining Order (CLETS-TCH) CH-110. Page 2 of 6 (cwu Harassment Prevention) 9 :CaseNémlbecnfi OD 98 9 9 (3) File a receipt with (he court within 4S hows ot’rccciving this Order max preves that your guns orfirearms have been turned in, sold, 0r aimed. {hm may usufurm CH-SSH’, Proof of Firearms Turned 1n,Sold, or Storedjor the receipt.) c‘ z: The, court hasrreceived information mat you own or’posscs's a fir'eiz’ml. @, Possession and Protection of Animals B; Not Requested ”f Denied Until the Hearing D Granted as Fonows (specify): a. E The person in®is given the solc possession, care, and control ot'the animals lismd below, which are owned, possessed, Ieased, kept, 0r hcid by him or her, 0r reside in his or her household‘ (Identify animafx by, e.g. type. breed. name, color, sex.) .______... b, 3:) The person in ®must stay at least yards away from, and not take, scl l. trans Fer. encumber. cunccal. molest, attack, strike, threaten, harm, 0r otherwise dispose of, the animals listed above. C9) Other Orders D NotRequested X Denied Untilthe Hearing [j Granted as Follows (specify): The restraineiggrtxshall be re§ponsible for the cost m REX for repair of damages caused to by vehicle during_theattack. j Additional orders are attached at [he end ol‘lhis Order 0n Attachment 9. To the Person inO: ® Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the: California Rcstraining and Protective Order System (CARPOS) through theCalifornia Law Enforcement Teiecomnumications System (CLETS). (Check one): 21. :3 The clerk win enter this Order and its proof-of-servicc form into CARPOS. b‘ z The clerk win transmit this Order and its pmof-of-scwice form r0 a law enforcement agency to be enteredinto CARPOS. La C3 By the close of business on the date {hat this Order is made, the person in (1) or his 0r her lawyer shoulddeliver a copy of the Order and its proof-of-service form lo the law enforcement agency listed below toenter inm CARPOS: flwamc 0f Law Enforcement Agency A_lerc5§fl_fg:igg__§zggg_ggfi :2 Additional law enforcement agencies are listed at the end of this Order on Attachment 10. his is a Court Order. “Wm”-m Temporary Restraining Order (CLETS-TCH) CH" W- Page W5 (Civil Harassment Prevention) ‘9 iCase Number: 210H009899 'fi‘x No Fee to Serve (Notify) Restrained Person )5 Ordered [3 Not Ordered The sherifi‘or marshal will serve this Order without charge because; :L z The Order is based on unlawful violcnce‘ a credible threat of violence, or stalking. b... a The person in -@s~enlitled to a fee‘waiver. '" Signed: 33.2021 12:55 PM ® Number oi‘pagcs attached to this Order, ifany: _____ CW (){i WonDate: 3-3-2021 Judicial (?[fic‘er CAROL OVERTON Warnings and Notices to the Restrained Person in6 You Cannot Have Guns or Firearms You cannot own, have, posscss, buy or try lo buy. receive or try Lo receive, or otherwise get guns. other firearms, 0r ammunition while this Order is in effect. [fyou d0, you can go t0 jail and pay a $1,000 fine. You must sell 10 ur store,- with a licensed gun dealer, 0r tum in ta a law enforcement agency, any guns or other firearms that you have or control as stated in item t® above. The court will require you m prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order Ifyou haw: been personally served with [his Temporary Restraining Order and form CH-[09, N'miw Qf‘Cuarr Hearing. but you do not appear at the hearing either in person 0r by a iawyer. and a restraining order that is the same as this Temporary Restraining Order except for the expiration dale is issued at the hearing. a copy ofme order will be served 0n you by mail m the address in itcm®. Ifthis address is not correct 0r you wish to verify [hat the: Temporary Restraining Order was converted into a restraining order a! the hearing without substantive change, 0r to find out the duraticn ot‘the order, contact the clerk ofthc court. After You Have Been Served With a Restraining Order ' Obey all the orders. ' Read fonn CH-llO-INFO. Haw Can 1' Ra’spmrd m a Requavlfijr Civil Hum‘mmm! Raylmining Ordcrfl’. m learn how lo respond to this Order. - Ifyou want to respond‘ fill out Form CH~130. Reypunse m Ré'quas'lfbr Civii Harassment Restraining Orders; and file it with the court clerk. You do n0! have lo pay any fee to file your response if the Request ciaims that you inflicted 0r th realened vioicnce against 0r stalked the person in®. ‘ You must have form CH-IZO served by mail on thc pcmon in ®or that person‘s attorney. You cannot d0 this yourself. The person who does the mailing should comptcte and sign form CH-250‘ Proqqu'Sen'ice QfRecvponse by Mall". File the completed proofuf‘service with thc court clerk before the healing dale 0r bring it with you 10 the hearing. o In addition m the response. you may file and have declarations served, signed by you and other persons who have personal knowiedge ot‘the facts. You may use form MC-OEO, Declaration, for this payposc. ll is avaitable from the clerk‘s office at the court Shawn on page I nf this form or at mm:courts,m.goufbrms. If you do not know how to prepare a declaration, you shouid see a lawyer. his is a Court Order- “'3“ "W ‘5‘m Temporary Restraining Order (CLETS-TCH) CH-HO. Page 4 016 (Civil Harassment Prevention) '9 550352 Nu?T:CH no 98 9 9 - Whether or not you file a response, you should altcnd the hearing. Ifyou haw any witnesses, they must also g0 m thehearing. - AI the hearing, thejudwc can make restraining orders againsx mu that last For up to five years Tell thejuduc why Wudisagrcc mm :hc ardurs rcquexted _ , ,. ,. ._ / Instructions for Law Enforcement Enforcing the Restraining Order This order is enforceable by any lav: cnfurccmcnt agency that hm; received [he ordcr. is shown a copy 0f {he order, 0r hasverified its existence cm the California Restraining and Protective Orders System (CARPOS). It‘the law enforcementagency has not received pmof ofservice on the restrained person. the agency must advise the restrained person of theterms 0fthc order and then must enforce it. \v’iolmions of this order an: subject t0 criminal pcnaltics. Start Date and End Date of Orders This order starts on the date next to thejudge‘s signature 0n page 4. The order ends 0n the expiration date in item ® onpage l. Arrest Required if Order Is Vialated [fan officer has probable cause to believe xhat thc restrained person had notice ot‘the order and has disobeyed the order.the officer must ancst the restrained person. (Pen. Cede. §§ 836(c)( l), 13m l (b).) A vialmion ofthe order may be aviolation of Penal Code section 166 or 273.6. Agencies m‘e encouraged Io enter vioiaiion messages imo CARPOS. NoticelProaf of Service The 12m enforcement agency must first dct rminc i1 the resmlinad person had notice of the order. Consider the restrainedperson scrv‘ed (given notice) if(Pen. Code, § 836(c)(2) )z - The: officer secs a copy ot‘thc Proof'of Service 0r confirms Lhat the ProofofService is on file: or' The restrained person was infonned ot'the arder by an officen An officer can obtain information about the contents ot‘the order and proofofssrvice in CARPOS. If proofofservicc onthe restrained pemon cannot he verified. the agency must advise the restrained person of the terms ot‘me order and thenenforce it, If the Protected Person Contacts the Restrained Person Even if the protected pcrsnn invites 0r consents to contact with the restrained person. this order remains in effect and mustbc enforced; The protected person cannot be arrested for inviting 0r consenting to cantact with the remained person. Theorder can be changed only by another coun order. (Pen. Code, § 137! O(bl.) his is a Court Order. R" “W-‘S- 2°”? Temporary Restraining Order (CLETS-TCH) CH-“O- 939350” {Civil Harassment Prevention) ‘9 §Case“”m2”ICH009899 Conflicting Orders-Prion‘ties for Enforcement If more than one restraining order has been issued, the orders must be enforced according tothe following priorities (ace Pen: Code _§ 1362~,an nge §§ 6383mm) 6405(bn ~ ~ -‘ IEPO If ohcéf the orders ls an Emergenqv Promuix a Order (form EPO 00! ) and ls more resrriCLixe than otherrestraining or protect“ e orders, it has precedence m enforcement oxer all other orders. 2. No Contact Order: If there is no EPO, a no-cuntact order that is included in a restraining 0r prmcctive order hasprecedence over any other restraining 0r protective order. 3. Criminal Order: if none of the orders includes a n0 contact order, a domestic violence protective order issued in acn'mimf case takes precedence in enforcement over any conflicting civil com arder. Any nonconflicting terms ofthe civil restraining order remain in effect and cnforceabk‘. 4. Fumib; Juvenile, or Civil Order: lfmore than one family, juvenile. or other civil rsstmining or protective orderhas been issued, the one that was issued last must be enforced. (“Clerk wil/fill our this part.) Clerk is Certificate --Clerk's Certificate- [Wilf/ l certify that this Temporary Restrm’ning Order is a true and correct copy of theoriginal on file in the coun. Date: Clerk, by .his is a Court Orfier MW“ ’5m Temporary Restraining Order (CLETS-TCH} CH4” Pace 50‘ 5 (Civil Harassment Prevention)
