Response Petition Civil Harassment Workplace Violence

Cal. Super. - 6th Dist.March 3, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/12/2021 12:01 PM Reviewed By: M. Sorum Case #21CH009899 Envelope: 6023576 21CH009899 Santa Clara - Civil M. SorumResponse to Request for CivilCH4 20 Harassment Restraining Orders Clerk stamps date here when form is filed. Use this form to respond to the Request (form CH-1 00) G) ® ® ® . Read How Can I Respond t0 a Requestfor Civil Harassment Restraining Orders? (form CH-120-INFO) to protect your fights. - Fill out this form and take it to the court clerk. . Have someone age 18 or older-not you-serve the person in G) or his or her lawyer by mail With a copy 0f this form and any attached pages. (Useform CH-250, Proof of Service of Response by Mail.) Person Seeking Protection Full name ofperson seeking protection (seeform CH-I 00, item@): Monica Mattinez-Mendoza and Isabel R. Mendoza Person From Whom Protection Is Sought a. Your Name: Benjamin S. Dolida Your Lawyer (ifyou have onefor this case) Name: Edward N Ajlouny State Bar No.: 1761 88 Firm Name: Attorney at Law Fill in coun‘ name and street address: Superior Court of California, County of SANTA CLARA 201 N. First Street San Jose, CA 951 13 b. Your Address (Ifyou have a lawyer, give your lawyer’s information. Ifyou d0 not have a lawyer and want t0 keep your home address Court fills in case number when form is filed. Case Number: private, you may give a diflerent mailing address instead. You d0 not 21CH009899 have t0 give telephone, fax, 0r e-mail.) Address: 2 N Market St, Ste 444 Present your response and any opposition at the City: San Jose State: CA Zip: 951 13 hearing. Write your.hearing date, time, and place TCICP E -- from form CH-109 1tem©here2 I E_ '1 Add I ‘ fl Date: April 27, 2021 Tlme: 9:00 ammal reSS. Eddle4689@sbcglobal.net Date Dept; 4 Room:E Personal Conduct Orders If you were served With a Temporary a' D I agree to the orders reunSted' Restraining Order, you must obey it until the b. E I do not agree to the orders requested. hearing. At the hearing, the court may make (Specifiz why you disagree in item® 0n page 3.) orders against you that last for up to five years. c. D I agree t0 the following orders (Specijj/ below 0r in item® 0n page 3.) E Stay-Away Orders a. D I agree to the orders requested. b. E I do not agree to the orders requested. (Specifi/ why you disagree in item® 0n page 3.) c. D I agree to the following orders (specifi) below 0r in item® on page 3): <5) E Additional Protected Persons a. D I agree that the persons listed in item@of form CH-lOO may be protected by the order requested. b. E I do not agree that the persons listed in item@of form CH-lOO may be protected by the order requested. Judicial Council of California. www.courts.caygov Revised January 1, 2018, Mandatory Form Code of Civil Procedure, §§ 527.6 and 527.9 Restraining orders (Civil Harassment Prevention) Response to Request for Civil Harassment CH-120, Page 1 of4 Case Number: ® Guns or Other Firearms and Ammunition If you were served with form CH-llO, Temporaly Restraining Order, you cannot own or possess any guns, other firearms, or ammunition. (See item® of form CH-llO.) You must sell to 0r store with a licensed gun dealer, or turn in t0 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, ProofofFirearms Turned In, Sold 0r Stored, for the receipt. a. E I d0 not own or control any guns 0r firearms. b. D I ask for an exemption from the firearms prohibition under Code 0f Civil Procedure section 527.9(1‘) because carrying a firearm is a condition 0fmy employment, and my employer is unable t0 reassign me t0 another position where a firearm is unnecessary. (Explain): D Check here ifthere is not enaugh space belowfor your answer. Put your complete answer 0n an attached sheet ofpaper and write “Attachment 6b~Firearms Surrender Exemption ” as a title. You may useform MC-025, Attachment. c. D I have turned in my guns and firearms to the police 0r sold them t0 0r stored them with a licensed gun dealer. A copy ofthe receipt D is attached. D has already been filed with the court. ® D Possession and Protection of Animals a. D I agree to the orders requested. b. D l do not agree to the orders requested. (Speczfi/ why you disagree in item ® 0n page 3.) c. D I agree to the following orders (specifi/ below 0r in item® on page 3): E Other Orders a. D I agree to the orders requested. b. E I do not agree to the orders requested. (Specgfy whyyou disagree in item ® 0n page 3.) c. D I agree t0 the following orders (specifii below 0r in item® 0n page 3): ® D Denial I did not d0 anything described in item® 0f form CH-l 00. (Skip t0® .) RevisedJanuaW 1v 2°18 Response to Request for Civil Harassment CH-120: Page 2 0” Restraining Orders (Civil Harassment Prevention) Case Number: E Justification or Excuse If I did some or all 0f the things that the person in® has accused me 0f, my actions were justified 0r excused for the following reasons (explain): E Check here ifthere is not enough space belowfor your answer. Putyour complete answer 0n an attached sheet ofpaper and write “Attachment 10-Justificati0n 0r Excuse ” as a title. You may useform MC-025, Attachment. ® D Reasons I Do Not Agree to the Orders Requested Explain your answers t0 each order requested thatyou d0 not agree with. D Check here ifthere is not enough space belowfor your answer. Putyour complete answer 0n an attached sheet ofpaper and write “Attachmenl IIfiReasons I Disagree " as a title. You may useform MC-025, Attachment. RevisedJanua’WJW Response to Request for Civil Harassment CH-120a Page 3 °f4 Restraining Orders (Civil Harassment Prevention) a Cage. ‘Mum bet::WWWWJ @ {E} fie Fee fer Filing a. E9: i regucst that i mt be mquimd to pa}: the fifing fat: because {11:2 persm ianDciaims in ihrm (THJQG item @m be entitied {a free fiiing. ix {:3 i mqacgi that i nut be required £0 pay {ha filing flee bccausc l am cligibla fmr a fee waf'ver. {iabrm 5713100 1, Requiem m Waive Cour“: Fem mus: baffled sayas'at‘yiw ® 3:2] Lawyar's Fees and Caats 3;, {if I ask 113;: emu? tn artist paymcm 0fmy {3}} I..a\a=};er”$ flats {j Cum“: costs. Tm; amounts requested are: zigm 5331mm 3.531: Amman?" aof‘Rqrxmmwatmeriu! g 331.me E, Q x L5 ‘1 mm...- . . m .A W m,,_...._..,W w ..... H... -, W “mm.“ NM- WM “mm" A_w“, N“... a M mm...” w m (.‘heck here gf'rimrc am? man! items. Pm! 137:2 iremx wad amount; {m {Em {macked sheer quzzper um} swim“.xfuaclmmm 13W .(miwr ‘5 1498:; and (3mm "flu” a lifia You umy use orfijrm Mt 7-6321 Attachmsm b. :1 3 ask the court t0 dsny the: request, Mme perms: askiazg far pmtectinn that I pay his 0:“ her iawycr’s ihasand costs. Number 0f pages attached w this farm, ifany: ’1‘ Sate: Mmh m 39:22 Fdwarnffi Amway _ Egg”, fl ' WQWQI mafia» 1. meme {if am; 1am 3,”. 3!. gag}? J7 I daclam under panalty mfpajury under the laws of the Suits uf'Caiif‘Qmia that the infimnmion abcw and (m ailatiachmcniss E3 {me and correct. Dam: March H), 292:Wm”. WWWWW ,.WMW-WWMW . j -. - 1 ,/iimjumtz :3 1.):‘Eifiu ‘4 ,w 2 1" " ‘“ . ' J. _._ ‘ . _ .0 www.H-WVW-mu _.MM;W&WWM"WW{13w m“pm»! yum“ flame 37g}? WW“ Ira}??? WscdmwwMW Response ta Requas? far EME fiar‘assmem 5mm @8934M Resirairaéng Oréem {Civfi Hamssmeni vaafifion} Fm yme-yew 3m pflvacy. $59353 preys thecm , ’t'hb c...” hymn Wnam. hm... ”a.gtm’: Nan hm.“ 1 ha.“ «LEA tmm r g mm... u..:.~ 8...“... 3 i t“-m FEB 13v! 1""! f'firl AM i;mumWU . l wag stary shékt fuck '-afineze and all them imam I ‘ “ bastard 3!! I gar some shit ‘20 2e}! _ 9'06 10 ll 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attachment 10-Justification of Excuse DECLARATION OF ANNETTE M. RODRIGUEZ I, ANNETTE M. RODRIGUEZ, declare: l. I am one of the Respondents in the Case # 21CH0009897. 2. Petitioner Monica Martinez-Mendoza is my First Cousin. The nature of our dispute is due to the fact that my son, Samuel Dolida, began dating Monica’s niece, Prescilla, in 2016. They are currently happily married with children. 3. My cousin Monica has been harassing and threatening me ever since Samuel and Priscilla got together, irrationally claiming the relationship was "incest” because Samuel and Priscilla are 3m cousins. (See EXHIBIT A--text message from Monica). 4. Due to my son’s marriage to Prescilla, Monica has tormented me and has persuaded our relatives to likewise harass and bully me. Prior to the relationship starting, Monica and I and were very close. But, once she knew they were dating, Monica tried to convince me to conspire with her to break them up and to convince Priscilla to abort their first child. 5. Since then, I have been repeatedly accosted and harassed by Monica and other family members who have threatened to beat me up, beat up my son, disown me etc., only because they believe the union of these 3m cousins was somehow ”incest.” 6. On January l, 2021, my husband Phillip, my other son Benjamin Dolida ("Benny") and I were helping another son, Nikko, move into his new apartment, which happens to be 3 blocks away from Monica’s residence. 10 11 12 l3 14 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 7. While I was standing outside near a stop sign, a car pulls up and the occupant was Isabel Mendoza (protected party), Monica’s 20 year old daughter. She looked at me angrily and nodded a "what’s up?" signal to me. 8. Isabel drove a little further, made a u-turn then came back towards me, rolled down her window and said menacingly "what the fuck you doing in my neighborhood?!" I said "fuck you, it’s a free country.” Isabel said ”fuck you bitch. . . I’m going to go get my mom to kick your fucking ass," as she sped off rapidly driving through the stop sign without stopping. 9. My husband Phillip was outside but behind his truck and asked ”who was that?". I then told my husband and son Benjamin what just happened. Benny had been sitting in his car, and was probably wasn’t seen by Isabel, when Isabel drove by and threatened me. 10. About 5 minutes later, Isabel drove back, as promised, with her mother, Monica, again blowing past the stop sign, driving aggressively. ll. I then saw Monica, who was sitting in the passenger seat, glare at me and put her hair up in preparation for an attack against me. 12. Isabel began to open her driver’s side door, when my son Benny, in defense of me, slammed the car door shut by throwing his body and elbow against the half-opened car window, as he yelled ”you think you're going to kick my mom’s ass!?". The glass shattered and Monica cursed at Benny and I told Benny “let‘s go", and we walked away. 10 11 12 13 14 15 16 17 18 19 20 El 22 23 24 25 26 '3 k» 28 13. Monica yellaé at us ”watch mathgrfuckarg, Ifm callifig paaple now" which maant that was attamptimg t0 have mthex pangie came and attack us. 14‘ My husband Phillip tald Benny and z to leave. After leaving the scene, I calleé 9i: ta repart what had hapyenefi. 15. This incifient Shcak me a9 qmita a bit. For the past geveral years I have baen living in fear, since Monica i5 vary aggraagive, has turned nut large family againgt mg and she had assaulteé Priscilla i3 th$ past. 16. flat mnly d0 I believe that ac reatraiuing oréar shmuld be entexed against me 0r my sch oz husband, but I believe I need a restraining 0rdar ta @revent Manica from harassing 0r attacking me herself fir through 3w partias. I juat want Manica and her daughter t0 leave me alone, 17. In 2013, my husband Phillip and I started a nonprofit called ”New Bogemgggwggggg", where we help atwrisk ysuth anfi their families to avmid gangs, drug use and taen pregnancy. We hava contracts with the City 9f San Jase and Probatian Dept. and work with the SJPD and Schaol districtg 0n a éaily ba5is. I declare uadex yenalty 0f garjuxy under tha laws Qf the State mf California that the feregcing i3 true ané cmrrect. .rm f \ r r- Bated: 3'¥0"ZJ “~‘ fifiNETTE fi‘ ROQREGUEZ . 1; A - f W _ f ( « j?" 3h 'gLi‘;....§; KW: {m}!fl fid,i{?§jffi\ WW