Declaration

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

10 ll 12 l3 l4 l5 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 Paul E. Rogers, Esq., SBN 288052 E'ectronlcally Flled Advocas Law Group by Superior Court of CA, 255 N. Market St. #125 County of Santa Clara, San Jose, CA 95110 on 6/8/2021 1:42 PM Phone: (408) 641-8803 Reviewed By: K_ Nguyen per@advocaslaw.com case #21 CH009937 In Pro Per Envelope: 6605570 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA CANEISHA HOWELL Case N0: 21CH009937 V. SUPPLEMENTAL DECLARATION OF PAUL ROGERS PAUL ROGERS IN SUPPORT OF OPPOSITION TO RESTRAINING ORDER vvvvvvvv I, Paul E. Rogers, state that 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 951 10. I have personal firsthand knowledge 0f the facts set forth herein, and if called as a witness I could and would testify competently as t0 the truth 0f the facts set forth in this declaration: 1. I am the attorney 0f record for Pitchayapa Chaowalit, protected party in Santa Clara County case numbers 20DV000265 and 21CH009879, and the respondent in case number 20CV367258. 2. On October 7, 2020, I subpoenaed Caneisha Howell t0 appear as a witness t0 testify and produce documents in case number 20DV000265. EXHIBIT A. Ms. Howell refused t0 accept the subpoena and the Court ordered it served it electronically. EXHIBIT B. 3. On March 4, 2021, Caneisha Howell filed an “AMENDED NON PARTY CANEISHA HOWELL’S DECLARATION SUPPORTING REQUEST FOR JUDICIAL NOTICE” in case number 20CV367258. In that document, she states: “I will also file a restraining order against Paul Rogers because he is orchestrating this from behind Pitchayapa Chaowalit and refuses t0 accept that I d0 not want t0 be his witness and his litigation abuse against me must be stopped.” EXHIBIT C, 3:13-15. DECLARATION OF PAUL ROGERS - 1 10 11‘ 12 13 l4 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 4. Ms. Howell further states: “It will also punish the Defendant and her attorney. . .” EXHIBIT C, M- 5. On March 19, 202 1, Caneisha Howell filed a temporary restraining order against me, which was denied. EXHIBIT D. 6. On May 3, 2021, I received an e-mail from Caneisha Howell in which she states: “I will relate the case 21CI-I009879 with my case against you 21CH009937..... then I will motion to disqualify you from ALL cases as counsel. l play chess not checkers. You cannot hold the role of counsel, witness and defendant in related cases. I'm not so sure that another attorney will be as passionate as you are about your client..and her case. . .” EXHIBIT E. 7. The e-mail was copied to Menachem Hahn (also a party in 20DV000265 and 2001367258) and his attorney in 20DV000265, Merissa Coleman-Bishop. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at San Jose, California Dated: June 3, 2021 ga/ Paul Rogers, AttomeyU DECLARATION 0F PAUL ROGERS - 2 Exhibit A 8UBP-OUZ anonnew on PARTY wmom AWQRNEY rum. sure aamumm mmm: Paul E. Rogers SEN 285C152 mmmmv 255 N. Market St. #125 San Jose+ CA 951 10 TELEPHONE N0. 403-641-5303 Fm: Ho; EMAILADDHESS per@advocaslaw.com ”Toma FGR‘rruame; Pitchayapa Chauwalit NAME OF COURT SUPERIOR COURT OF CALIFORNIA, SANTA CLARA COUNTY SIREEIADDRESS 201 N. First St. San Jase. CA 95113 MAILIMGADDRESS 191 N. FirstSl. cm ANDzIP CQDE San Jose 951 13 aRANCH NAME Family vaision PLAINTIFF: PETITIONER; Pitchayapa Chaowalit DEFENDANT! RESPONDENT: Menachem Hahn CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and ‘ CASE NUMBER: Production of Documents, Electronically Stored Information. and Things al‘ ZUDVUUUZE5 1 Trial or Hearing and DECLARATION THE PEOPLE 0F THE STATE OF CALIFORNIA T0 (name address and telephone number of witness. ifknowm: Caneisha Howell 528T Country Oak Court. San Jose. CA 95136 (408) 223-2525 (403) BU?~9&41 1v YOU ARE ORDERED TO APPEAR AS A WITNESS in this action at the date time. and place shown In the box below UNLESS your appearance ls excused as indicated tn box 3b below or you make an agreement with the person named In Item 4 belaw. a. Date: February 22, 2021 Time: 9:00 am. E Dept: E6 E Div; E Room: b. Address: 201 N. First St. Deptfifi. San Jose. CA 951 13 2. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTDDIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE 0F CIVIL PROCEDURE SECTION 1985.3 0R 1935.6 AND A MOTION TO QUASH DR AN DBJECTION HAS BEEN SERVED 0N YOU. A COURT ORDER DR EGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TD PRODUCE CONSUMER 0R EMPLOYEE RECORDS. 3; YOU ARE (item a orb must be checked): a. m Ordered tn appear in person and to produce the records described in the declaration un page two or the attached declaration or affidavit. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 156mm. 1551. and 1562 will not be deemed sufficient compliance wilh this subpoena. b. E Nm requured to appear In person .If you produce {i} the records. described in the declaration Ian page two nr the attached declaration or affidavit and {ii} a completed declaration of custodian of records in compliance with Evidence Cede sections 1560. 1561. 1562. and 1271. [1) Place a copy ofthe reccrds in an envelope {or other wrapper). Enclose me original decimation {1f the custodian with the records. Seat the envelope. [2} Attach a copy ofthis subpoena to the envempe or write nn the envelope the case name and number; yaur name; and the dale, time. and place from item 1 in the box above. {3] Place this first enveiope in an outer envelope. seal it. and mail it to the clerk of the court at the address in item 1. {4) Mail a copy of your declaration to the attorney ur party listed at the top of this form. 4. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME DR DATE YOU ARE TO APPEAR. OR IF YOU WANT T0 BE CERTAIN THAT YOUR PRESENCE IS REQUIRED. CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE T0 APPEAR: a. Mame ofsubpoenaing party or attorney Paul E. Rogers b. Telephone number: 408-641-3303 5. Witness Fees: You are entitled to witnass fees and mileage actually traveied both ways. as provided by law if you request them at the time of servme. You may request them before your scheduled appearance fmm the person named in item 4 OB DENCE OFTHSSUBPO'NAM Y E HFOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULII-N’G‘FRQM YOUR AILU TD OBEY. Dam issued: November 13 2020 Paul E. Rogers ’ M [TYPE 0R 9mm NAME: I" gSLGNATunE 0F PE' NI UING SUBPDEMM Attorney for PitchayapaCW I n‘ LE: {Declaration In Support o1 Subpoena on reversal pig. 1 g; 3 Fmgflmlzmggm CIVIL SUBPOENA [DUCES TECUM] for Personal Appearance and mmmflm. suapmz [m Jamin1 2m; Production of Documents, Eleclronically Stored Information, and Things at mmmggfi. Trial or Hearing and DECLARATION SUBP~DD2 PLAINTIFFIPETITIONER: Pitchayapa Chaowalil CASE NUMBER DEFENDANTIRESPONDENT. Menachem Harm 200V000265 The produmion o! the documents, electronically stored information. or other things sought by the subpoena on page one is supponed by (check one): E the attached affidavit or E the followung declaration: DECLARATION IN SUPPORT OF CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS. ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING (Code Civ. Proc., §§ 1985.1 987.5) 1. l. the undersigned. dedare I amthe E plamtiff E defendant E petitioner D respondent Eng attorney for (specify): Pitchayapa Chaowalit E other (specify): in the above-entitled action. 2. The witness has possesswn or control of the documents electronically stored information, or other things listed below, and shall produce them at the time and place specufied m the Civil Subpoena for Personal Appearance and Production of Records at Trial or Hearing on page one of lhls form (specify the exact documents or other things to be produce; if etectronicaliy stored information is demanded. the form or forms r‘n which each type of information Is lo be produced may be specified): 1. Copies of anylail fee agreementts) andlor comractts) between Caneisha Howell and Menachem Hahn in Santa Clara County case numbers ZODVOOOZSS and 2OCV366941. E Continued on Attachment 2. 3. Good cause exusts for the production of the documents. electronically stored information. or otherthings described in paragraph 2 far the tollowing reasons: Caneisha Hawell's testimony and the requested documents will establish that Menachem Hahn employed. instructed. andior directed Ms. Howell to repeatedly contact Pitchayapa Chaowalit following the issuance of a Restraining Order which protected Ms. Chaowalit from contact. harassment or annoyance by Hahn via a Ihird party, and Ms. Howell did contact protected party on behalf of Hahn to demand property from her, implore her to drop the restraining order. to ascertain her whereabouts. and to harass protected party. D Continued on Attachmenl 3. 4. The documents. electromcally stored infomation. or other Ihings described in paragraph 2 are material to the issues involved in this case for the followmg reasons The documents in CaneIsha Howell's possesszon will demonstrate that Menachem Hahn employed Ms. Howell in a professional capacity. and upon hrs instruction and direction . Ms. Howell knowingiy contacted Pitchayapa Chaowal'n during a time when she and Mr. Hahn knew that a Restraining Order protected Ms. Chaowalil from contact. harassment or annoyance by him. either directly or Via a Ihird party. E Continued on Attachment 4A | declare under penalty oi perjury under the laws of the State of Caiifomia that the foregoing is true and correct. Dale: November 13. 2020 Paul E. Rogers ’ M / IWPE OR PRINI NAME] l NAT RE F SUBPOENNNG pmty ATTORNEY FOR(S G U o E SUBPOENAJNG PARTY) Requests for Accommodations ASSIsuve listening systems. computer-asmsted reaI-time captioning. or sign Ian uage interpreter services are available if you ask at least 5 dfifys before the date on which you are to appear, Contactl e clerk's office or go to m.gouningosca gov orms for Request for Accommodations by Persons With Drsabmn'es and Order (form MC-M 0L f Ivi ode, 4‘8‘) (Proof of semice on page 3) suapomnev mm: 2m; CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and 9.9.2.,” Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and DECLARATION SUBP-002 PLAINTIFF/PETITIONER: Pitchayapa Chaowalit DEFENDANT/RESPONDENT: Menachem Hahn CASE NUMBER: 20DV000265 PROOF OF SERVICE OF CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and DECLARATION 1. | served this Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration by personally delivering a copy to the person served as follows: a. Person served (name): Caneisha Howell b. Address where served: 5287 Country Oak Court, San Jose, CA 95136 Date of delivery: November 13, 2020 d. Time of delivery: 1:00 p.m. e. Witness fees (check one): (1) were offered or demanded and paid. Amount: ...... 35.00 (2)E were not demanded or paid. f. Fee for service: ................ $ 2. | received this subpoena for service on (date): 3. Person serving: a. Not a registered California process server. b. E California sheriff or marshal. . E Registered California process server. . E Employee or independent contractor of a registered California process server. . E Exempt from registration under Business and Professions Code section 22350(b). . E Exempt from registration under Business and Professions Code section 22451. c d e f. E Registered professional photocopier. 9 h Name, address, telephone number, and, if applicable, county of registration and number: Paul E. Rogers Advocas Law Group 255 N. Market St. #125 San Jose, CA 951 10 408-641 -8803 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: November 13, 2020 b (SIGNATURE) (For California sheriff or marshal use only) I certify that the foregoing is true and correct. Date: D (SIGNATURE) SUBP-002 [Rev. January 1, 2012] CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and pageaofa Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and DECLARATION MC-025 SHORT TITLE: CASE NUMBER:- Chaowalit V. Hahn 20DV000265 ATTACHMENT (Number): 2 (This Attachment may be used with any Judicial Council form.) 2. Copies 0f any/all text messages transmitted and/or received by cellular device 0r electronic device Via SMS, WhatsApp, Google Voice, and/or any and every other text 0r messaging service provider between Menachem Hahn and Caneisha Howell and/or any other entity under the guidance, employ or direction of Caneisha Howell related to Santa Clara County case numbers 20DV000265 and 20CV366941. 3. Copies 0f any/all postal mail or e-mail correspondence between Menachem Hahn and Caneisha Howell and/or any other entity under the guidance, employ 0r direction 0f Caneisha Howell, related t0 Santa Clara County case numbers 20DV000265 and 20CV366941. 4. Copies 0f any/all text messages transmitted and/or received by cellular device 0r electronic device Via SMS, WhatsApp, Google Voice, and/or any and every other text 0r messaging service provider between Pitchayapa Chaowalit and Caneisha Howell and/or any other entity under the guidance, employ or direction 0f Caneisha Howell related to Santa Clara County case numbers 20DV000265 and 20CV366941. 5. Copies 0f any/all postal mail or e-mail correspondence between Pitchayapa Chaowalit and Caneisha Howell and/or any other entity under the guidance, employ 0r direction 0f Caneisha Howell, related t0 Santa Clara County case numbers 20DV000265 and 20CV366941. 6. Copy of Caneisha Howell’s state 0r county-issued registration as a licensed process server. 7. Any and all documents reflecting Caneshia Howell is a licensed, certified 0r professional mediator. 8. Caneisha Howell's registration and proof ofbond relating to her Legal Document Assistant, issued from Santa Clara County, California, from 2015 through 2020. 9. Copy 0f Caneisha Howell’s California State Bar card. 10. Proof of any and all professional licenses, certifications, accreditations of Caneisha Howell issued by any licensing agency 0r professional oversight agency within the State of California 0r any other state in the United States. (If the item that this Attachment concerns is made under penalty ofperjury, all statements in this Page 4 of 4 Attachment are made under penalty ofperjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov Judicial Council of California MC-025[Rev.JuIy 1,2009] to Judicial Council Form Exhibit B #305 FL-305 ATTORNEY 0R PARTY WITHOUT Anonusv STATE BAR NUMEER: 288052 FOR counrusaONLY NAME: Paul E. Rogers ‘ ‘ ‘1 FIRM NAME: Advocas Law Group ' - ‘ ' ' " M STREETADDRESSI 255 N. Market St. #125 cm: San Jose STATE CA zip cone: 95110 .r- pp T TELEPHMNQ: 408-641-8803 m no; b3 w 2 7 A q‘ 9 '3 EMAIL ADDRESS: per@advocaslaw.com . . V ' , _ . V. . . Anoauevromnamer Pitchayapa Chaowalit ’ ' I - ' ', SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Ciara .. . - _. H , . STREETADDRESS: 201 N. First St. San Jose. CA 951 13 3 q” __, W. . - , I” MAILING ADDRESS: 191 N. First SL, San Jose. CA 95113 cm AND ZIP cone; San Jose 5113 I BRANCH NAME: Family Division I - , P.J. NEWTON PETITIONER: Pitchayapa Chaowalit RESPONDENT: Menachem Hahn OTHER PARENT/PARTY: TEMPORARY EMERGENCY (EX'PARTE) ORDERS CASE NUMBER? [j Child Custody E Visitation (Parenting Time) B Property Control 200V000265 [E Other (specify). Order for Substituted Service; Order for electronic service; Order shortening time 1. TO {name(s)):Caneisha Howell (witness); and, restrained garty Menachem Hahn, by and through Attorney Elise MitchellS Petitioner [a Respondent C] Other ParantIParty B] Other (specify):\Mtness A court hearing will be held on the Request for Order (form FL-SOO) served with this order. as follows: a. Date: 11/12/20 I Time: 9:00 am $0”th E Room: b. Address ofcourt [E same as noted above D other(specify): _J 2. Findings: Temporary emergency (ex pane) orders are needed to: (a) help prevent an immediate loss or irreparable harm to a party or to children in the case, (b) help prevent immediate loss or damage 1o propeny subject lo disposition'In the case. or (c) set or change procedures for a hearing or trial. COURT ORDERS. The following temporary emergency orders expire on the date and time of lhe hearing scheduled In (1). unless extended by court order: 3- E CHILD CUSTODY fa i O re co il ' n M Petitioner Respondent OtherParty/ParentE CZ} EE E EE E2 ED D DD E E3;E Continued on Attachment 3(a) b. C] Visitation (Parenting Tume) The temporary orders for physical custody. care. and control of the minor children'In (3) are subject to the other party's or parties' rights of visitation (parenting time) as follows (specify): I D See Attachmept 3(b) THIS IS A COURT ORDER. P3991 orz mggmggyggmw TEMPORARY EMERGENCY (EX PARTE) ORDERS 68533113355 3353:3331; FL-eos [Rem Jury 1, 20w] www.mnsca.gov : FL-305 PETITIONER: Pilchayapa Chaowalit CASE NUMBER: RESPONDENT: Menachem Hahn ZODV000265 OTHER PARENT/PARTY: 3. E CHILD.CUSTODY(continued) c. Travel restrictions (1 ) The party or parties with temporary physical custody. care. and control of minor children must not remove the minor children from the state of California unless the court allows It after a noticed hearing. (2) E Petitioner E Respondent E Other Parentharty must not remove their minor children (spelcify): (a) E from the state of California. (b) D from the foliowing counties (specify): (0) E other {specify}: l d- E Child abduction prevention orders are attached (see form FL-341(B)). e. (1) Jurisdiction: This coun has jurisdiction to make child cuslody orders in lhis case under the Uniform Chlld C'ustody Jurisdiction and Enforcement Act (pan 3 of the California Family Code. commencing with section 3400), (2) Notice and opportunity to be heard: The responding party was given notice and an opportunity to be heard as provided by the laws of the State of California. (3) Country of habitual residence: The country of habitual residence of the child or children is (specify): IE The United States of America E Other (specify): (4) [f you violate this order, you may be subject to cIvll or criminal penalties. or both. 4. E PROPERTY CONTROL a- E Petitioner E Respondent E Other Parent/Parly is given exclusivetemporary use.possession,and controlofthe following propertythatthe parties E own orare buying E lease orrent b. E Petitioner E Respondent E Other ParenI/Party is ordered to make the following payments on the liens and encumbrances coming due while the order is in effect: Pay to: For: Amount: S Due date:- Pay to: Fon Amount: S Due date: Pay to: For: Amount: $ Due date: Pay to: For: Amount: S Due date: 5. E All other existing orders, not in conflict with these temporary emergency orders. remain in full force and effect. 6. E OTHER ORDERS (specify): E Additionalorders arelistedin Attachment6. U, e u " -' - o -~*--- -'- 9-.:.:-.. um- s i CofDecJaration ofPauIR-c- __---- _.:.:i:.*--- w"- :v' 'o"-- CE w to California Corporations Code --a u : I __.; .... -- u. .~'--=‘ ’ : u- "':":: -- nu u Howellatlhe L v u-Mum.‘ ..--v- mmmmfi Street!“ San Jose. California 95112. I In the alternative. the Court shall order the subpoena served upon Caneisha HoweII via e-mail and Order Caneisha Howell to attend the hearing on November 12 2020, in Dept 66 of the above-named Court and bring with her documents Iisfed In Exhibit C of the Declaration 0f Attorney Paul Rogers. h I 7 , - - a a arders lhal Ine California Secretary of State is hereby ordered lo a - - - ‘ - - - - R,{L process oi lhe subpoena (Exhibit o I - - ~ - > 5 - :_~ - - - ? - . - - I - aneisha Howell the designated ’ ._ agent for service of process forO w - - - - a DOCUMENT - - -, - - - .. .- 2| H I . Date: Signed: 10/21/2020 10:20 AM _ b U JUDGE 0F THE‘SUPERIOR coum‘ i THIS Is A COURT ORDER. Carrie Zeoeda' mom". mums] TEMPORARY EMERGENCY (Ex PARTE) ORDERS .1 9w“ Exhibit C 10 11 12 13 l4 l5 l6 l7 18 19 20 21 22 23 24 '. 25 26 27 28 CANEISHA HOWELL PO BOX 21 13 SAN JOSE, CA. 95109 icancishalcgal@u,mail.com 408-228-2626 Non-Party, In Pro Per SUPERIOR COURT OF THE STATE OF CALIFORNIA % FOR THE COUNTY OF SANTA CLARA Case No.: 20CV367258 PITCHAYAPA CHAOWALIT g _ _ ) AMENDED Petltioner, ) ) NON PARTY CANEISHA HOWELL’S ' VS. ) DECLARATION SUPPORTING REQUEST FOR ) JUDICIAL NOTICE ) . ) DATE: 312512021 MENACHEM HAHN ) TIME: 9:003'“ ) DEPr: 20 Respondent. g I, CANEISHA HOWELL, am a NON PARTY in the above entitled case, and I can testify to these facts if called as a witness; 1. I discovered that after Menachem Hahn filed his motion for sanctions against the Defendant Pitchayapa Chaowalit and her attorney Paul Rogers for a frivolous and misleading motion t0 reconsider a motion to set aside a default that they orchestrated filing a civil harassment restraining order against me. The civil restraining order is listed as a related case to the present one on calendar for a motion to reconsider and motion for sanctions 0n 3/25/2021. 2. The filing is shocking and is clearly litigation abuse by an attorney. I feel that Paul Rogers is using his status as attorney to front actions of stalking, harassment and intimidation towards me even though I am not a litigant 1n this case nor the case 20DV000265 and I have never DECLARATION IN SUPPORT OF JUDICIAL NOTICE 000001 10 ll 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 even met the Defendant outside of seeing her outside of the courtroom and inside 0f the courtroom where I served her the civil complaint in front of Judge Zepeda. I made sure to do this because she gave me wrong information pfeviously t0 serve her and I had requested a notice of receipt from her because she was concerned about covid but did not return it to me. I had to personally serve her and I did in front 0f a deputy and an Honorable Judge which was the most reliable way in case she started with her lies about how and when she was served. She has a history 0f lies and manipulation I was not taking chances. . The court will soon discover the web of lies that Pitchayapa Chaowalit has created since day 1. Recently it was discovered that it WAS SHE who purchased a firearm for Menachem Hahn in March 2019. And recently she posted a cryptic message to him about memories using all the photos that she had where the two ofthem had been together INCLUDING at the gun range. She has n0 fear 0fMenachcm Hahn nor his firearms. That was just a ruse to have the police come arrest Menachem as well as secure a temporary restraining order by the family court. (Exhibit A) There are multiple photos of her at the gun range. However SHE is the person who the police listened to when they arrived at the scene where she said she had been abused. . I run a legal document assisting business and have been working With Menachem Hahn since he was served with her request for a temporary restraining order in April 2020. I have a licensed and bonded company that not only helps pro pcrs prepare their own documents but I also offer many other services, I serve paperwork, I file paperwork at the clerks office, I act as support during hearings if requested, I do a lot of emotional support with my clients like listening to their fears and to their concerns and use mindfulness techniques to help them find power within themselves to endure and prevail in litigation against bullying by attorneys or the other party. I frequently work with my clients on deep breathing and finding peace within themselves when they are lacking the coping skills necessary t0 deal with litigation. . The declaration supporting the civil harassment filing is not the truth of the matters and in fact is filed with perjury and is only done to intimidate and mislead the Honorable Judge Manoukian regarding the default he denied setting aside in December 2020,1116 Defendant and her attorney created a campaign t0 intimidate me since Paul Rogers came onto the case as he knows thatI am assisting Menachem Hahn because that is my business! . I have repeatedly complained t0 Judge Carrie Zepeda and Judge Manoukjan in my most recent filings regarding the accusations and invasion of privacy and harassment I have endured by Paul Rogers after repeatedly denying that me, a non party, should be a witness to a domestic violence trial for Rogers’ client Chaowalit whenI do not know her, was not there at the domestic violence incident and do not want to be harassed by him anymore. Paul Rogers has gone onto civil case access and looked up my other cases and printed items from it and filed in all the cases with Pitchayapa Chaowalit. Its strange she is a massage therapist but can afford this type 0f litigation? I believe Paul Rogers is doing it for free. Paul Rogers has a bone to pick against Menachem Hahn like a scorned new boyfn‘end its very bizarre and sick. Maybe he is dating his client and that is why Paul is going after anyone attached to this case. 2 DECLARATION IN SUPPORT OF JUDICIAL NOTICE 000002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 10. 11. Dated: 3/3/2021 %5&1 The barrage of demands for my emails, text messages, and presence at the trial in the DV case has gone beyond harassment into stalking. Paul Rogers prints out my photos from my linked in account and filed them in this case which proves NOTHING its just to put me out there in the litigation and lie about my involvement as well as humiliate me. Paul Rogers professes that I am in a romantic relationship with my client, he has demanded my address from Judge Zepeda, even afterI told her I would accept service via a notice 0f receipt 0f hjs subpoena. I did complete that notice after suiting I would. Now Rogers has used my address t0 attempt t0 serve me a false restraining order regarding harassment that never occurred when it is part of my business t0 serve people! I d0 not give my personal address to anyone. I have an autistic son and we have been the target 0f harassment and stalking previously. I have used my parents address for 32 years and cannot be harassed into giving out my actual address. I put my childrens safety above anything else and if Rogers finds my personal address I will assume he fraudulently did a background check on me'to obtain information as he is beginning t0 act obsessed with me as he recently did with Menachem Hahn. The statements that I have represented myself as a mediator a lawyer giving legal advice and the like is not true. I am eager to see how things gorin the civil restraining order trial because I will push for trial. I am going t0 file a mutual restraining order against Pitchayapa Chaowalit because she may have her own weapons and h‘as as recent as November and December 2020 violated the TRO against her towards Menachem Hahn. I will also file a restraining order against Paul Rogers because he is orchestrating this from behind Pitchayapa Chaowalit and refuses to accépt that I do not want to be his witness and his litigation abuse against me must be stopped. Im asking that Judge Manoukian consider the act of filing a related restraining order against me as retaliation and harassment t0 a non party in litigation, causing me distress and worry that my clients will now find out that 1m being accused 0f civil harassment, and that I will have Chaowalit snooping around my house thinking she is going t0 catch my client Menachem Hahn at my house. This is all from the motion for sanctions Menachem Hahn filed against them. Judge Manoukians ruling on the motion for reconsideration and motion for sanctions bears a great weight to the future of these parties. It will also punish the Defendant and her attorney for abusing the court system. I believe Paul Rogers should be investigated by the State Bar and disbarred. Calvleisha howcll Non Party In Pro Per 3 DECLARATION IN SUPPORT OF JUDICIAL NOTICE 000003 Exhibit D . _ Clerk stamps date horn when bun as find CH-1 1 0 Temporary Restraining Order FILED I’crwn m Q) mm! mmplctc ilcmx® .® uml® only 03/1 9/2021 Protected Person Clerk of The Court a. Your Full Name: Caneisha Howell Superior Court of CA Your Lawyer (i/‘yuu have onefur this raw): county Of santa C|ara Name: State Bar No.1 21 CH009937 B : kn u en Firm Name: y g y b. Your Address (lfyuu have u lawyer. give your Imu'cr‘ \- infln-mmiun. lfyou d0 m)! have u lawyer and wan! Io keep your hunw mldrexs Fl: n mun name and save! mass. private. you muy give a dlflerem mailing uddrcss insluul. You do nu! Superior Cour! of Callfomla. County of have Io give telephone. fax. or e-mm’l. I: Santa Clara . 191 N. First StreetAddms' P0 80x 2‘ ‘3 San Jose.Ca 951 13 City: San Jose State: Ca Zip: 95109 Telephone: 403-223-2626 Fax: E-Mail Address: amm-mml 00m Com fins m case number when lam is filed ® Restrained Person C‘” ”WW“ Full Name: Paul Rogers 2 1 c H 00 99 3 7 Description: Sex: {3 M [:1 F Height; ”m weight: """W‘ Dane or Binh; unknom Hair Color: grey Eye Color: unknown Age: unknown Race: white Home Address Iifknuwn): (m lddress) Z55 N Market Street SUM 125 City SanJoee S‘atc: Ca, 7ip. 95110 Relationship to Prolcctcd Person: Rogers Is opposing counsel in a case o! a dient (Menachem Hahn) I have worked with 'neeWM ® D Additional Protected Persons In addition to the person named in ® the following famil) or household members ofthal person are protected b) the temporary orders indicated below: FullName S_e_x Age Household Member? Relationlo Protected Person D Yes D No D Yes D No D Yes D No D Yes D No D Check here iflhere are additional persons". List them on an attached sheet ofpupcr and write "Attachment 3 » Additional Protected Persons " us a lillc. You may uscfurm M( '-0.’5. Amwhmem. Tho cnur! will cnmplelv Ihu re.“ Q/Ihis jbrm.® Expiration Date This Order expires a! the end ofthe hearing scheduledfor the dale and time below: Date: 'l’imu. .Iam. D p.m. r ' v - " ’ This is a Court Order. mm“‘”‘" ”MW“ Tempora Restrainin Order CLETS-TCH CH-1‘0.Pooo1d6M WIS 2019 wry“! 'y g macmrmmn ssszwmsm (Civil Harassment Prevention)WMOOJ Case Nugget H 00 99 3 7 To the Person inO: The court has granted the temporary orders checked as granted below. lfyou do not obey these orders, you can be arrested and charged with a crime. You may be sent lo jail for up lo one year, pay a fine of up lo $1,000, or both. Personal Conduct Orders D Not Requested E Denied Until the Hearing D Granted as Follows: a, You must not do the following things t0 the person named in ® E and to the other protected persons listed in (l) E Harass. intimidate. molest‘ attack. strike. stalk. threaten, assault (sexually or otherwise), hit. abuse. destroy personal propeny of. 0r disturb the peace ot‘thc person. (2) E Contact the person. either directly 0r indirectly. in any way. including. but not limited to, in person, by telephone, in writing. by public or private mail. b} interol‘ficc mail. by c-mail. b)‘ text message, by fax or by other electronic means. (3) m Take any action to obtain the person‘s address or location. lflhis item (3) is not checked, the court has found good cause not to make this order. (4) E Other (spc’ufi'): D Other personal conduct orders are attached at the end of this Order on Attachment 58(4). No skip trace for my residence information. No third pany communication to me. Stay-Away Order D Not Requested m Denied Untilthe Hearing D Granted as Follows: a. You must stay at least 300 yards away from (check all (hut apply): (1) E 'lhc person in ® (7) U 'l'hc place ofchild care ofthc children of (2) E Each person in© the Person i“ (D (3) E The home ofthe person in® (8) E The vehicle ofthe person in G) (4) m The job or workplace of the person (9) E Other “Peta”; In ® We both frequent the family court and civil court (5) D me school 0mm person in (D buildings. Rogers should be refrained from attendance at the court until the court determmes the menfs of (6) D The school orthe children orthe my me, person in ® b. This stay-away order does not prevent you from going lo or from your home or place ot‘employment. No Guns or Other Firearms and Ammunition a. You cannot own. possess. have. buy or try to buy. receive or try to receive. or in any other way get guns. other firearms. or ammunition. b. You must: (l) Sell to or store with a licensed gun dealer. or tum in to a law enforcement agency. any guns or other firearms in your immediate possession or control. [his must be done within 24 hours of being served with this Order. This is a Court Order. R“ m” 2°” Temporary Restraining Order (CLETS-TCH) CH-flo- P396 2 0'6 (Civil Harassment Prevention) Case Number: 210 H0099}? (2) File a receipt with the court \~ ilhin 48 hours ut'rccch ing this Order that prmes [hat your guns 0r fireanm haw: been turned in. Sold. or stored. (You muy me Inrm ('H-XUU, Pmofof Firearms Turned ln. Sold. or Stored.for the recap! I c. D The court has received information that )ou oun or possess a firearm. Possession and Protection of Animals M Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D The person in®is giwn the sole possession. carc. and control Ofthe animals listed below. which arc owned. possessed. leased. kept. or held by him or hcr. or reside in his or her household. Ildemifi animals by. e.g.. type. bread. name. color. sex.) uD The person in®must stay at least yards axsa) from. and not take. sell. transfer. encumber. conceal. molcsL attack. strike. threaten. hann, or othem ise dispose of. the animals listed above. ® Other Orders U Not Requested D Denied Until the Hearing D Granted as Follows (specify): E Additional orders arc attached at thc cnd ut‘ this ( )rdcr on Attachment 9. Mandatory Entry of Order Into CARPOS Through CLETS To the Person inO: This Order musl be entered into the Califomia Restraining and Prolcckiu: Order System (CARPOS) through the California Law Enforcement Telecommunications S) stem (CLETS). I(‘heck one): a. D The clerk “ill enter this Order and its proof-otiscn icc form into CARPOS. b. fl Thc clerk will transmit (his Ordcr and its pnmf-uf-scnicc fonn to a law enforcement agency to be entered c. D By the close ofbusiness on the date that this ()rdcr is made. the person in® Santa Clara County Sheriff into CARPOS. or his 0r her lawyer should deliver a copy 0f the Order and its proof-of-servicc funn m the la“ enforcement agency listed below to enter into CARPOS: Addrfi; (City Sully Zia! 55 W Younger Ave. San Jose. CA 951 1O U Additional law enforcement agencies arc Hated at lhc cud ot'lhi: Order 0n Attachment IO. RuW 15 20‘9 This is a Court Order. Temporary Restraining Order (CLETS-TCH) (Civil Harassment Prevention) CH-110. Pogo 3 of6 Case Number: ZICHQHQQ 32 ® No Fee to Serve (Notify) Restrained Person D Ordered g Not Ordered The shedfl‘or manhal \sill sens thi.‘ ()rdcr without charge because: a. D The Order is based on unlawful \ iolcncc. a credible threat 0h iolcncc. or stalking. b. D The person in @s entitled m a l'cc waiver. Signed 3519/2021 03 41 PM Number of pages attached to this 0rdcr. if any: W_{® - C C244 afi 0V1 Data 41.19-9091 .Iu‘ln ml (Wm Carol Overton Warnings and Notices to the Restrained Person in 0 You Cannot Have Guns or Firearms You cannot own. ha» c. possess. buy or try lo bu). rccciw or tr} m rcccixc, nr otherwise gcl guns. other firearms. or ammunition while [his Order is in effect. lf)ou d0. )ou can go lujuil and pa} a SI .000 finc. You must sell to or store with a licensed gun dealer, or turn in lo a law enforcement agents). an) guns or other firearms that )ou haxc or control as stated in itcm® abmc. lhc court will require )uu lo prm c lhat _\nu did so. Notice Regarding Nonappearance at Hearing and Service of Order If you have been personally served with this 'l‘cmpnrur} Rextraining ()rdcr and form CH- I 09, Muicv Qf('ourl Hearing. but you d0 not appear at lhc hearing cithcr in pcrsun or h) a laxncr. and a restraining order that is the same as this Temporal) Restraining ()rdcr except for Ihc expiration dale is issued at thc hearing. a cop) ofthc order u ill be sen cd on you by mail at thc address in itcm®. lfthis address is n0! correct or you xx ish Io \crify lhm thc 'I'cmpurary Restraining Order “us conwrted into a rcslmining order at the hearing without substantiw change. 0r lo find nut thc duration ofthc order. contact the clerk ofthc court. After You Have Been Served With a Restraining Order ° Obey all the orders. ' Read form Cll- l 20-IN F0. How (‘un I Ruspuml m u chucslfhr ( 'iri/ Ilurmsmen! Restraining ()rdersl’. to learn hm» t0 respond lo this Order. ' If )ou “ant to rc>p0nd. fill out form C H-l 20. Response Iu quucsljhr ('ivil Harassmcn! chlruining ()rderx. and file i! v~ ith the court clerk. You do not have to pay an} fee m file )our response iflhc Request claims that )0u inflicted or threatened violence against 0r stalked [he person in®. - You must haw form Cll-IZO sen ed by mail 0n the pcrsun in ®ur lhal person's attomcy. You cannot d0 lhis yourself. The person who does the mailing should complete and sign form (‘H-ZSO. Pruql'QfScn'ice Qchx/xmsc by Mail. File the completed proofofscn icc with lhc court clerk before the hearing dale 0r bring it u ith )ou to the hearing. ' In addition to the response. )ou may file and haw dcclaraliuns served. signed b) you and other persons who have personal knowledge oflhe facts. You ma) use fonn MC-OBO. Dcc/uruliun. for this purpose. lt is available from the clerk's office al the court shown on page l of this form or at u wwmurls.m.govforms. lflmu do not know how tn prepare a declaration, you should sec a |aw>cr. This is a Court Order. “" “m ‘5m Temporary Restraining Order (CLETS-TCH) CH-"ov PM 4 °'5 (Civil Harassment Prevention) Case Number: ' Whether or not you file a response. _\0u should attend the hearing. lfyou haw an) \x ilncsscs. lhc) must also g0 to the hearing. ' At the hearing. the judge can make restraining orders against )ou that last for up to five years. Tell thejudgc why you disagree with the orders requested. Instructions for Law Enforcement Enforcing the Restraining Order This order is enforceable b) any law enforcement agency that has received the order. is shown a cop) ot'lhe order. 0r has verified its existence on the Califomia Restraining and Protccmc Orders S) stem (CARPOS). ll‘the law enforcement agency has not rcccivcd proofof service 0n thc rcslmincd person. the agency must ad\ isc the restrained person ofthc terms ofthe order and then must enforce it. Violations ofthis order are subject to criminal penalties. Start Date and End Date of Orders This order starts on the dale next to the judge‘s signature on pagc 4. The order ends on the expiration date in item © 0n page 1. Arrest Required if Order ls Violated [fan officer has probable cause t0 belie“: that the restrained person had notice ofthe order and has disobeyed the order. the officer must arrest thc restrained person. (Pcn. (.‘odc. §§ 83(y(c)( I ), l370|(b).) A violation ofthc order may be a violation of Penal Code section |66 0r 273.6. Agencies arc encouraged to enter \iolation messages imo CARPOS. NoticelProof of Service The law enforcement agency must first determine ifthe restrained person had notice ofthe order. Consider the restrained person "served" (gixcn notice) if(Pen. Code. § 836(c)(2)): - The officer sees a copy oflhe Proofnt‘Service 0r confirms that the Proofof Service is 0n file; or ° The restrained person was informed OHhc order b} an umccr. An officer can obtain information about thc comcnls ofthc order and proufofscn‘ice in CARPOS. prroofof service on the restrained person cannot be verified, Ihc agency must ad\ isc lhc restrained person ofthe terms of the order and then enforce it. If the Protected Person Contacts the Restrained Person Even ifthc protected person im ilcs 0r consents t0 contact w ilh the restrained person. this order remains in effect and musl be enforced. Thc protected person cannot be arrested for im iting or consenting to contact with the restrained person. The order can be changed only by another coun ordcr. (Pen. (Todc. § I37 | ()(b).) This is a Court Order. M “m ‘52” Temporary Restraining Order (CLETS-TCH) CH-"0- P399 5 0'5 (Civil Harassment Prevention) Case Number: L- Conflicting Orders-Priorities for Enforcement If more than one restraining order has been issued. the orders must be enforced according to tho following priorities (sec Pen. Code.§ I361; I-‘am. Code. §§ 6383(hx2). 6405M): l. EPO: lfnnc of lhc orders is an Emergency I’mlccriw ()nlvr (fomI liPO-OOI ) and is more restricm'e than other restraining 0r protcclhc orders. it has precedence in enforcement mcr all other orders. . M) ('onlucl ()nlur.‘ lt‘thcrc is no liP(). a nu-cnntact order lhal is included in a restraining or prolccmc order hasIJ precedence m'cr any other restraining or prulcclhe order. 3. Criminal ()nler: If nonc of the orders includes a n0 contact order, a domestic violence protective order issued in a criminal case takes precedence in enforcement m er any conflicting ci» il court order. An} nonconflicting temus of the civil restraining order remain in effect and cnforccablc. . Family. Juvenile. or ('ivil Order: If more than one family . juvenile. or other cix i| restraining or protccme order has been issued. the one that was issued last must be enforced. &. I( 'lcrk willfill uul (his purl. I ('lerk 's Certificate -C|erk's Certificate- l-WUU l certify that this Tcmpurun' Rustruining Order is a true and correct copy of the original on file in lhc court. Dale: (‘Icrk b) . Deput) This is a Court Order. R" “W" '5 2°” Temporary Restraining Order (CLETS-TCH) CH‘110- P39“ 0'6 (Civil Harassment Prevention)”mUMuflm “mouth" Mh-U‘O CASE NUMBER SHORT TITLE: -HowellvsRogers 21cH009937 ATTACHMENT (Number; 9 (This Attachment may be used with any Judiaal Couna'l form. ) I am asking that this Court advance my motion for antislapp on 5/4/2021 to the 4/6/2021 date. I am asking that the Court issue a tentative ruling. I am also asking that the Court make a ruling about the service as it was not proper. (I! the item that this Attachment concerns is made under penalty ol perjury. all statements in (his Pogo i o! i Attachment are made undo a of ' .rpm "y Mu,“ (Addpagos as required) mwhon-uuu' ATTACHMENT mmawv McmsrRav m: 20091 M .lmiirial Cnunrll Farm Exhibit E Notice of related case/motion to consolidate-meet and confer Caneisha Howell Mon 5/3/2021 11:33 AM To: mmhahn92@yahoo.com ; Paul Rogers ; merrisasjc@aol.com Dear Paul, | am in receipt of your motion to consolidate. | am confused. Why are you filing a motion to consolidate if you already have a notice of related case which IS holding up the trial in the DV matter and now you want to further hold up the CH matter? Is it because you failed to serve all parties as required? You have not met and conferred either. Why would you file a new motion and not piggyback on the motion that | already filed for June? As | see it you seem to now think (after Judge Manoukian denied your motion to set aside the default) that you can request that all cases are consolidated except the civil case, to stay away from Dept 20 AND my case against you? The civil case has not been disposed of. That case is waiting on the court judgment. And why do you think my case against YOU wouldnt be related in the explanation that you are offering for everything else? | suppose you dont want to be in Judge Manoukians courtroom for the very reasons that | would agree to be in it. There are a couple things here: 1) Will you stipulate to a tentative ruling in case 21CH009879? 2) If the tentative ruling denies my antislapp | will submit to consolidating all cases. | would withdraw my objection and agree to consolidate cases to Dept 20 under Judge Manoukian who has ruled on the firearms case as well as the civil .....he is the most appropriate option. Should you not wish to agree on a tentative, |wi|| relate the case 21CH009879 with my case against you 21CHOO9937, | will withdraw my objection to consolidate these to 20DV000265 and 20CV367258, then | will motion to disqualify you from ALL cases as counsel. | play chess not checkers. You cannot hold the role of counsel, witness and defendant in related cases. | doubt any of the Judges that are presiding over any of these cases will allow your subterfuge. I'm not so sure that another attorney will be as passionate as you are about your client..and her case, however,judging by her ability to continue to pay your billable hours to continue this debacle she should have no problem hiring other counsel. Its time that we start to work together to solve these issues and stop filing motions. We need to set trial dates and move forward. | am in full agreement with Judge Manoukian being the appropriate Judge to determine the merits of each claim. | know you are all about "the merits" as you have countlessly stated in the civil case. Lets agree to items that will push these cases forward in a way that is economically responsible. Let me know by May 5th, 2021 by noon of your decision. Caneisha Howell Caneisha Howell American Bar Association Certified Paralegal On Time Legal Mobile Legal Document Assistance, LLC.- CEO 408-228-2626 Cell 669-242-5080 Fax caneishalegflgmailLom