Request to Continue Reissue TRO HRCal. Super. - 6th Dist.March 18, 2021O *, lnformation a. My name is: b. I am the: Request to Continue Court Hearing Instructions: Use this form to ask the court to reschedule the court date listed on Notice of Court Hearing(form CH-109). Read, How to Askfor a New Hearing Date (form CH-LL5-INFO), for more information. stamps date here when form is filed. Fill in court name and street address: Superior Court of Galifornia, County of SANTA CLARA I9I NORTH FIRST ST SAN JOSE CA 951i3 Fill in case number: 9q9E ltutltpga. 21cH009932 ALVIN XIAO (1) E Protectedparty 6teipn@). (2) [ Restrained party (give your contact information below). Address where I can receive mail: This address will be used by the court and other parly to noti$ you in this case. If you want to keep your home address private, you can use another address like a post offrce box or another person's address, if you have their permission' If you have a lawyer, give your lawyer's address and contact information. Address: 4655 Old Ironsides Dr. Ste.220 City: Santa Clara State:CA Zip:95054 My contact information (optional): Telephone: 408-562-l 000 Fax: 415-43 4-8413 Email Address: dalechen@live.com Lawyer's information (skip ifyou do not hate one): Name: DALE N CHEN State Bar No.: 1 14701 Firm Name: LAW OFFICES OF DALE N CHEN @ lnforration About My Case a. The other party in this case is (full name): XING YLJ ZFIAI (aka) JOHN ZHI b. I have a court date currently scheduled for (date):June29,202l Judicial Council of calilomia, w,euds.ca.qov Revised January 1, ?020, lvlandatory Form Code of Civil Procsdre, S 527.6(P) Request to Gontinue Gourt Hearing (Tem porary Restraining Order) (Civil Harassment Prevention) CH-l15, Page 1 of2 -> cH-l15 is not a Court Order. Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/23/2021 1:48 PM Reviewed By: K. Nguyen Case #21CH009932 Envelope: 6707805 2rcH009932 @," a Temporary Restraining Order in effect? I Yes. Date the order was made, if known: May 10,2027 Please attach a copy ofthe order ifyou have one. No. I don't know. Notice: If the court date is rescheduled,the Temporary Restraining Order (form CH-l 10) will remain in effect until the end ofthe new court date unless otherwise ordered by the court. @ *n, does the court date need to be rescheduled? I I am the person asking for protection, and I need more time to have the restrained party personally seryed. f I am the restrained parly, and this is my first request to reschedule the court date. E Other reason: The parties stipulate to the continuance. Filed herewith is the stipulation. The restrained PartY I declare unJer penalty of perjury under the laws of the State of Califomia that the information above is true and correct. Date: June 23,2021 tr tr a. b. ALVIN XIAO >f Sign your nameType or print your name Date; June :z3. zO21 DALE N CAEN Lawyer's name, if you have one ing related criminal case. Judicial Council of C alilomia, w,coutts.ca.gov Revis6d January 1, 2020, Mandatory Form Code of Civil Procedure, S 527.6(P) Request to Continue Court Hearing (Tem porary Restrainin g Order) (Civil Harassment Prevention) CH-115, Page2ol2 is not a Court Order. 6401421 AMENDED Temporary Restraining Order Personin @must complete items @,@, and @only. Protested Person a. Your Full Name: Al rr-i n Yi:a Your Lawyer (tf you have one for this case): Name: Dal e Chen -- StateBarlr[e.;114701 FirmName: T,AW OFFTCFiS OF nALF: N CI.IF:\I b. Your Address (If you have a lawyer, give your lawyer's information. If you do not have a lavtyer and want to keep your home address private, you may give a dffirent mailing address instead. You do not have to give telephone, fag or e-mail.): Address:4655 Old Tronsides Tlriwe, Su'i l'e'^O City: Santa C'l ara State:cA Zip:95054 Telephone: (40R) 562 - 1 000 Fax: E-Mail Address: d:'l orDdahan'l :r^r r'am (z i RestrainedPerson Full Name: Xi ngyrr -ha i --aka John -ha i Description: Sex:[f M[f,F Height:6,51t Weight:200 T,Rs -, DateofBirtlll 11/11/2.oo2 Hair Color: RLK - Eye Color: RRN Age: 1 R Race: Home Address (if known): 5 5 7 e.A s TTA WAY City: T NS AT.TOq State: ca Zip:94002' RelatiOnShip tO PfOteCted PefSOn: Neighhor of . Fnrl ari-ends same high s.hool as- F?:ot-e.Ped person. Case Number: 2 1CH0 09932 @ A Additional Protected Personsv In addition to the person named i, O, the following family or household members of that person are protected by the temporary orders indicated below: Full Name Sex Ase Household Member? [Yes ENo l--l Yes E No [-l Yes ENo [Yes ENo Relation to Protected Person E Check here if there are additional persons. List them on an attached sheet of paper and write "Attachment 3- Additional Protected Persons" as a title. You may use form MC'025, Attachment. The court will cornplete the rest of this form. @ e*niration Date This Order expires at the end of the hearing scheduledfor the date and time belaw: oae: June 29. 2021 1io1s. 2:00 fl a.m. Q9 p.*. Clerk stamps date here when form is tiled, Filed May 10,2021 Clerk of the Court Superior Court of CA County of Santa Clara 21CH009932 By: knguyen Fill in court name and street address: Superlor Court of California, County ol Santa Clara 191 North First Street San ,fose, CA 9511-3 Downtown Superior CourE (DTS) Court fills in case number when form is filed. Judlcial Councll of Oa|,onia, www,a Rev.March1s.zore,!.,andarory ooll*'*'non TemporaryR-estraining Older (.CLETS-TCH) code ot civit Procedun, SS 527.6 and s27.9 ((Jlvll Hafassmgnl PfeVentlOn, CH-l10, Page 1 of 6 ) Approved by DOJ fl[*.R'r Essential X*?, iffiForms- ZHAI, Xingryu cH-1 10 VqVg ltVllaUEl r 2LCH009932 The court has granted the temporary orders checked as granted below. If you do not obey these orders, you can be arrested and charged with a crime. You may be sent to jail for up to one year, pay a fine of up to $1,000, or both. Personal Conduct Orders I Not Requested []Denied Untilthe Hearing [lGranted as Follows: a. You must not do the following things to the person in@ E and to the other protected persons listed in@ : (1) E Harass, intimidate, rnolest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property of, or disturb the peace of the person. (2) El Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax, or by other electronic means. (3) El Take any action to obtain the person's address or location. If this item (3) is not checked, the court has found good cause not to make this order. (4) E Other (specifu): E Ottrer personal conduct orders are attached at the end of this Order on Attachment 5a(4). b. Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a court case is allowed and does not violate this order. However, you may have your papers served by mail on the person in O . Stay-Away Order I Not Requested I Denied Until the Hearing El Granted as Follows: a. You must stay at least 300 yards away ftom (check all that apply): (1) El The person in @ (2) El Eachpersonin @ (3) El The home of the person in @ (4) El The job or workplace of the person inO (5) fl The school of tho person in @ (6) f:l The school of the children of the person in@ (7) [ The place of child care of the children of the person in e (8) tTI The vehicle of the person in @ (9) El Other (specify): Fxr-efrl i ons: Yolr mrrst slay 50 f epl away from prai-ectad party whi'lo :t yotrr home/proforly Yorr mtrsl- a'i so remain ?0 f eet away f rom Froler-led pary whi'l e al C to Guns or Other Firearms and Ammunition a. You cannot own, possess, have, buy or try to buy, receive of W to receive, or in any othet way get guns, othef firearms, or ammunition. b. You must: (1) Sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms in your immediate possession or control. This must be done within 24 hours of being served with this Order. b. This stay-away order does not prevent you from going to "t fi8*?31"r'home or place of employment' Rev. t!.4arch 15,2019 C{;A'i Essential o-*io". iJ-a&I!re- Temporary Restraining Order (CLETS-TCH) (Civi I Harassment Prevention) CH-l10, Pase 2 oJ 6 ) ZHAI, Xingiyu To the Person in @: 2 1CH0 09932 (2) c. El File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms have been turned in, sold, or stored. (You may use form CH-800, Proof of Firearms Turned In, Sold, or Stored,./or the receipt.) The court has received information that you own or possess a firearm. @ o*,"r orders @ eosession and Protection of Animats $ Not Requested tl Denied Until the Hearing fl Granted as Follows (specify): a. E The person ,o O is given the sole possession, care, and control of the animals listed below, which are Dwned, possessed, leased, kept, or held by him or her, or reside in his or her household. {Identify animals by, e,g,, type, breed, name, color, sex,) I The person in @ must stay at least yards away from, and not take, sell, transfer, encumber, conceal, molest, attack, strike, threaten, harm, or otherwise dispose of, the animals listed above. EI Not Requested E Denied Until the Hearing I Granted as Follows (specify): f] AOOitional orders are attached at the end of this Order on Attachment 9. (3 ) trll.nOatory Enry of Order lnto CARPOS Through CLETS This Onder must be entered into the California Restraining and Protective Order System (CARPOS) through the Califomia Law Enforcement Telecommunications System (CLETS). (Check one): a. E The clerk will enter this Order and its proof-of-service form into CARPOS. b. trt The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered iNtO CARPOS. c. E By the close of business on the date that this Order is made, the person in @or his or her lawyer shoutd deliver a copy of the Order and its proof-of-service form to the law enforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agency Address (Cit-v, State. Zip) f] Additional law enforcement agencies are listed at the end of this Order on Attachment 10. Rev. March 15, 2019 fr!:R'i Essential .Yd;? iHrsryle" Temporary Restraining Order (CLETS-TCH) (Civil Harassment Prevention) CH-110. Paoe 3 of 6 ) ZHAI, Xinglru To the Person inO: vscv rt9rrrvgr r 2 1CHo 09932 No Fee to Serve (Notity) Restrained Person ElOrdered E Not Ordered The sheriff or marshal will serve this Order without charge because: a. El The Order is based on unlawful violence, a credible threat of violence, or stalking. b. E The person in@ is entitled to a fee waiver. (lZ, Nr.Uer of pages attached to this Order, if any: Date: May 1 0, 2021 Judicial Officer Erik S. Johnson You Cannot Have Guns or Firearms You cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get guns, other firearms, or ammunition while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms that you have or control as stated in item @ above. The court will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order If you have been personally served with this Temporary Restraining Order and form CH-109, Notice of Court Hearing, but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this Temporary Restraining Order except for the expiration date is issued at the hearing, a copy of the order will be served on you by mall at the address in item@. If this address is not correct or you wish to venfy that the Temporary Restraining order was converted into a restraining order at the hearing without substantive change, or to find out the duration ofthe order, contact the clerk ofthe court. After You Have Been Served With a Restraining Order . Obey all the orders. . Read form CH-12g-INFO, How Can I Respond to a Requestfor Civil Harassment Restraining Orders?, to learn how to respond to this Order. . If you want to respond, fill out form CH-12O, Response to Requestfor Civil Harassment Restaining Orders, and file ir with the court clerk. You do not have to pay any fee to file your response if rhe Request claims that you inflicted or threatened violence against or stalked the person in@. . You must have form CH-120 served by mail on the person in @ or that person's attorney. You cannot do this yourself. The person who does the mailing should complete and sign form CH-250, Proof of Service of Response by Mail.File the completed proof of service with the court clerk before the hearing date or bring it with you to the hearing. . In addition to the response, you may file and have declarations served, signed by you and other persons who have personal knowledge of the facts. You may use form MC-030, Declaration, for this purpose. It is available from the clerk's office at the court shown on page I of this form or atwww,courts.ca.gov/forms. If you do not know how to prepare a declaration, you should see a lawyer. Rev, t\4arch 15, 2019 l'-fR'; Es.sential X-* ijaEgrrng' Temporary Flestraining Order (GLETS-TCH) (Civil Harassment Prevention) CH-110, Page 4 oi 6 XingyuZHAT, Warnings and Notices to the Restrained Person in @ 21CH0 09932 Whether or not you file a response, you should attend the hearing. If you have any witnesses, they must also go to the hearing. . At the hearing, the judge can make restraining orders against you that last for up to five years. Tell the judge why you disagree with the orders requested. Enforcing the Restraining Order This order is e.nforceable by any law enforcement agency that has received the order, is shown a copy of the order, or has verified its existence on the California Restraining and Protective Orders System (CARPOS). If the law enforcement agency has not received proof of service on the restrained person, the agency must advise the restrained person of the terms of the order and then must enforce it. Violations of this order are subject to criminal penalties. Start Date and End Date of Orders This order st@ts onthe date next to the judge's signature on page 4. The order ends on the expiration date in item @on page 1. Arrest Required if Order ls Violated If an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed the order, the officer must arrest the restrained person. (Pen. Code, $$ 836(c)(1), 13701(b).) A violation of the order may be a violation of knal Code section 166 or 273,6. Agencies are encouraged to enter violation messages into CARPOS. Notice/Proof of Service The law enforcement agency must first determine if the restrained person had notice of the order. Consider the restrained person "served" (given notice) if (Pen. Code, $ 836(cX2)): o The officer sees a copy of the Proof of Service or confirms that the Proof of Service is on file; or . The restrained person was informed of the order by an officer. An officer can obtain information about the contents of the order and proof of service in CARPoS. If proof of service on the resfiained person cannot be verified, the agency must advise the restrained person of the terms of the order and then enforco it. lf the Protected Person contacts the Restrained Person Even if the protected person invites or consents to contact with the restrained person, this order remains in effect and must be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person. The order can be changed only by another court order- (Pen. Code. $ 137106).) Rev. March '15, 2019 /-[l-l'i Essential X:l'. ir4EeEtrc' Temporary Restraining Order (CLETS-TCH) cH'l10, Pase5or6 (civil Harassment Prevention) zHAf , Xingyu 2 Instructions for Law Enforcement 21_CHo 09932 Gonflicting Orders-Priorities for Enforcement lf more than one restraining order has been issued, the orders must be enforced according to the following priorities (see Pen. Code, $ 136.2; Fam. Code, $S 6383(hX2),6405(b)): 7. EPO: ff one of the orders is an Emergency Protective Order (form EPO-001) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders. 2. No-Contact Order: If there is no EPO, a no-contact order that is included in a restraining or protective order has precedence over any other restraining or protective order. 3. Criminal Order: If none of the orders includes a no-contact order, a domestic violence protective order issued in a criminat case takes precedence in enforcement over any conflicting civil court order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable. 4. Farnily, Juvenile, or Civil Order: If more than one family, juvenile, or other civil restraining or protective order has been issued, the one that was issued last must be enforced. Clerk's Certificate Iseal] (Clerkwillfill out this Part.) .Clerk's Gertificate' I certify that this Temporary Restraining Order is a true and correct copy of the original on file in the court, Date: Clerk, by Deputy Rev. March 15, 2019 CFR iEssentlal H#- riaEenlc- Ternporary Restraining Order (CLETS-TCH) (Givil Harassment Prevention) CH-110, Page 6 ol 6 ZHAI, Xingyu