Response Petition Civil Harassment Workplace Violence

Cal. Super. - 6th Dist.October 12, 2021

Response to Request for Civil i CH-120 i Harassment Restraining Orders Use this form to respond to the Request (form CH-100) ~ Read How Can IRespond to a Requestfor Civil Harassment Restraining Orders? iform CH-120-INFO) to protect your rights. Fill out this form and take it to.the court clerk. s Have someone age 1 8 or older-not you-serve the person in Qf or his or her lawyer by mail with a copy of this form and any attached pages. (IIseform CH-250, Proof of Service of Response by Mail) Q1 Person Seeking Protection Full name ofperson seeking protection (seeform CH-I00, item Qf): Erica Trinchero Q2 Person From Whom Protection Is Sought a. Your Name: Alena Anchondo Your Lawyer (ifyou have onefor this case) rXr os riir t 1 fcn11pr State Bar Nox 107478 Firm Name: Law Offices Clerk stamtfs date here when form is filed. Fil(io court name Dnd street address: Superior Court of California, County of SANTA CLARA 191 N FIRST ST SAN JOSE, CA 93113 Address: 2004 Senter Road Present your response and any opposition at the hearing. Write your hearing date, time, and placeCity: San Jose State: CA Zip: 95112 Telephone: 408-297-7717 Fax: 14081 947-7716 E-mail Address: benedict.keller(Ratt.net Q3 x Personal Conduct Orders a. I agree to the orders requested. b. X I do not agree to the orders requested. (Specify why you disagree in item Q11 on page 3) c. I agree to the following orders (Specify below or in item Q1 from form CH-109 item 3 here: sdO~ Date: 3 I 5 22 Time: ttHearing '+D Dpi.: rt a If you were served with a Temporary Restraining Order, you must obey it until the hearing. At the hearing, the court may make orders against you that last for up to five years. 1 on page 3.) b Your Address (Ifyou have a lawyer give your lawyer's information Ifyou do not have a lawyer and want to keep your home address private, you may give a different mailing address instead. You do not 21CH010337 have to give telephone, fax, or e-mail) Q4 x Stay-Away Orders a. I agree to the orders requested. b. 5I I do not agree to the orders requested. (Specify why you disagree in item Q11 on page 3) c. I agree to the following orders (specify below orin item Q11 on page 3): Q5 x Additional Protected Persons a. I agree that the persons listed in item Q3of form CH-100 may be protected by the order requested. b. El I do not agree that the persons listed in item Q3of form CH-100 may be protected by the order requested. Judioal counal of caafomla, www.ooults.oa.vov Revised January 1,2515, Mandatory Form Code of civil Prooedure, if 527.6 and 527.9 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-f 20, Page 1 of 4 Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/9/2022 6:57 PM Reviewed By: K. Nguyen Case #21CH010337 Envelope: 8473580 Case Number Q6 Guns or Other Firearms and Ammunition If you were served with form CH-110, Temporary Restraining Order, you cannot own or possess any guns, other firearms, or-ammunitionr(See item Q7 of form CH-110.) Yon must 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 ivithin 24 hours of being served with form CB-110. You must file a receipt with the court. You may use form CH-800, ProofofFirearms Turned In, Sold or Stored, for the receipt. a. x I do not own or control any guns or firearms. b. I ask for an exemption &om the firearms prohibition under Code of Civil Procedure section 527.9(t) because carrying a firearm is a condition of my employment, and my employer is unable to reassign me to another position where a firearm is unnecessary. (Explain): Check here if there is not enough space belowfor your answer. Put your complete answer on an attached sheet ofpaper and write "Attachment 6b-Firearms Surrender Exemption" as a title. You may useform MC-025, Attachment. c I have tumed in my guns and firearms to the police or sold them to or stored them with a licensed gun dealer. A copy of the receipt is attached. has already been filed with the court. Q7 Possession and Protection of Animals a. I agree to the orders requested. b. I do not agree to the orders requested. (Specify why you disagree in item Q11 on page 3.) c. I agree to the following orders (specify below or in item Q11 on page 3): Qs Other Orders a. I agree to the orders requested. b. I do not agree to the orders requested. (Specify why you disagree in item Q11 on page 3) c. I agree to the following orders (specify below or in item Q11 on page 3): g x DenialQ I did not do anything described in item Q7 of form CH-100. (Skip to Q11 .) R* ised 2 os,2018 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 2 of 4 Case Number 1II Justification or Excuse0 If I did some or ail of the things that the person in Q1 has accused me of, my actions were justified or excused for the ioIIowmg reas~ons exp am: Check here if there is not enough space belowforyour answer. Put your co~piete answer on an attached sheet ofpaper and write "Attachment IO-Justification or Excuse" as a title. You may useform MC-025, Attachment Q11 x Reasons I Do Not Agree to the Orders Requested Explain your answers to each ordev requested that you do not agvee with. Check here if theve is not enough space belowforyouv answer. Putyour complete answer on an attached sheet ofpaper and write "Attachment II-Reasons IDisagree" as a title. You may useform MC-025, Attachment. Ravlaaa Jaaaan n 2018 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 3 of 4 Case Number x No Fee for Filing0 a. I request that I not be required to pay the filing fee because the person inQ1 claims in form CH-100 Qt 8 ttt dt 1 gi g. b. I request that I not be required to pay the filing fee because I am eligible for a fee waiver. (Form F8'-00L Request to Waive Court Fees, must befiled separately) Q$ 3 Lawyer's Fees and Costs a I ask the court to order payment of my The amounts requested are: Lawyer's fees Court costs. Item Amount Item Amount Check here if there are more items. Put the items and amounts on the attached sheet ofpaper and write "Attachment 13-Lawyer 's Fees and Costs "for a title. You may use orform MC-025, Attachment. b. I ask the court to deny the request of the person asking for protection that I pay his or her lawyer's fees and costs. 14 Number ofpages attached to this form, if any:0 Date: 5 i Lawyer's name (ifany) Lawyer 's signature I declare under penalty of perjury under the laws of the State of California that the information above and on all attachments is true and correct. Date: 3 Type orprintyour name Sig your name Revised Jeeeen 1, 8818 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 4 of 4 1. Addressing 3(a)(Additional protected people page): Alena Anchondo was hired by Erica Trinchero as a nanny full time M-F and on call when needed. During that time period I provided nurturing/loving daily care for Louie Trinchero (Erica Trinchero's son) and Emma Trinchero ( Erica Trinchero's daughter) from infancy until the children were three years old. Alena Anchondo still carries love for the children to this day. 2. Addressing (2 page of 1): Agree to statement 3. Addressing (3 page of 1): Contest to violating HIPPA law and also using mental health against Alena Anchondo. After July 2020 became pertinent information involving medical history and doesn't involve Erica Trinchero. 4. Addressing (4 page of 1): Alena Anchondo Drinking excessively is an accusation and judgment. 5. Addressing (5 page of1): The DUI has been resolved and Alena Anchondo has been clean and sober for six months. Alena Anchondo is enrolled in the first offender program and will be completed in June 2022. 6. Addressing (6 page of 1): Alena Anchondo was trying to rebuild her life in San Diego after losing her eight year relationship with Dillon Romero and mother figure Erica Trinchero and grandparents. Alena Anchondo used her professional nanny resume to seek employment in San Diego. On or around April 15th 2021 Alena Anchondo applied for a nanny position using Erica Trinchero as a reputable reference.The potential employer notified Alena Anchondo letting her know Erica Trinchero exploited Alena's medical history and discredited Alena Anchondo as a nanny due to mental illness ( Breaking HIPPA law). Alena Anchondo felt severe grief and remorse unsure why Erica Trinchero as a professional would violate the law and tarnish Alena Anchondo's reputation. On August 30th 2021 Alena Anchondo called Erica Trinchero discussing employment history working for Erica Trinchero, because Erica Trinchero released Alena Anchondo's medical history to a potential employer for a nanny position. Erica responded erratically screaming at Alena Anchondo threatening and belittling Alena Anchondo which has been ongoing behavior of Erica Trinchero. She gets angry and verbally abusive when her authority is in question. Alena Anchondo respectfully asked for a non-disclosure agreement to be signed to stop releasing personal and confidential information pertaining to Alena Anchondo's well being. Erica Trinchero's response was erratic, verbally abusive and defensive, ultimately ending with her hanging up on Alena Anchondo. 7. Addressing(7 on page 2): Alena Anchondo had looked up to Don and Karen Christopher as grandparents over the eight year relationship with Dillon Romero. Alena Anchondo received ongoing support and love from them and kept in touch prior to moving to San Diego. Alena Anchondo worked for Don and Karen Christopher Erica Trinchero's parents as a personal assistant and interior designer. When Alena Anchondo moved to San Diego she kept in touch. 8. Addressing (8 on page 2): Alena Anchondo's recovery has been a long and remorseful journey. Upon my healing Alena Anchondo uses her experience to provide awareness for mental health patients like herself. For the record Dillon and I shared two pets during our eight year relationship Ziggy was the first addition to our family and Fraya being the second addition. Both animals were cared for and loved by Alena Anchondo being the sole caregiver to vet appointments. Due to the separation between Dillon Romero and Alena Anchondo Ziggy stayed with Dillon and Alena kept Fraya. Prior to the devastating decision to depart the dogs I Alena Anchondo had missed Ziggy and was concerned for his well being. There was never any mal intent. 9. Addressing (9 on page 2): Due to being shut down and dismissed regarding any updates on Ziggy's well-being, Alena Anchondo reached out to former family members. Alena's only intentions were to ensure Ziggy's adjustment. 10. Addressing (10 on page 2): Harassment is the dispute. 11. Addressing (11 on page 2): Alena Anchondo went to Erica Trinchero's residence seeking the welfare of Ziggy. The hat Alena Anchondo was wearing had no intention towards any individual, it is a hat from Mayfair Group a mental health awareness clothing brand. 12. Addressing (12 on page 2): Alena Anchondo had no intent to make anyone feel threatened or harassed. 13. Addressing (13 on page 2): Alena Anchondo was denied and shut out without understanding Erica Trinchero's demeanor. No intention for a dispute over these ongoing attempts to check on Ziggy. 14. Addressing (14 on page 3): Agree 15. Adresing (15 on page 3): On Saturday 10/2/21 Alena Anchondo went to Cordevalle restaurant as she had for the last eight years and had left willingly no security was involved. 16. Addressing (16 on page 3): On Monday 10/4/21 around 5:30pm Alena Anchondo went for a run and parked her car on Mantelli, a common place for residents of Gilroy to park and exercise. There was no correlation between Erica Trinchero's residence or anyone. 17. Adcfressing (17 on page 4): On Tuesday 10/5/21 Alena Anchondo was in a manic episode due to triggers of all of the above events trying to reconcile and properly end an eight year relationship. For eight years Erica Trinchero was a maternal figure in my life, and I have suffered extreme grief after losing that relationship. As of today's date there has been extreme change of character since the encounter that evoked the restraining order between us. I have been seeing my psychiatrist regularly and am stable on my medications I am holding down a full time job as a barista at starbucks. I am graduating this Spring from San Jose State University. I deeply regret the encounter in October 2021 that displayed erratic behavior. I am diligently working hard on staying proactive on my mental health to prevent this situation from ever arising again. I have respected and honored the temporary restraining order. Therefore, I am requesting in favor of my changed behavior to understand that I will honor staying away without the need of a restraining order in place. 18. Addressing (18 on page 3): As of August 31st 2021, Alena Anchondo has refrained from any postings on social media correlating to Trinchero's family, and or extended family members. 19. Addressing (19 on page 4): As of December 10th 2021, Alena Anchondo has become a full-time employee, a full time student at San Jose State University graduating in May 2022, and a licensed real estate agent. Alena Anchondo has been seeing her psychiatrist regularly and maintaining stability with medication and healing. I am proudly clean and sober and having a good head on my shoulders to resume life exceptionally well. There is no longer a need or desire to reach out to this family for I have moved on and accepted the loss of ones I'l always love. : 20. Addressing ( 20 on page 4): Alena will continue the ongoing treatment for Bipolar disorder and has been managing daily to ensure a healthy and stable life. She follows a safety plan and has a strong support team who believe in her. She is adamant about maintaining stability and staying clean and sober can assure and promise Alena Anchondo respectfully understands the magnitude of no contact, no postings and no relationship between Erica Trinchero, her family and Ziggy. I respect the relationship we once shared is over and will continue to wish Erica and her family nothing but the best. I declare under penalty of perjury that the foregoing is true and correct and if called upon to testify to the facts stated herein, I would and could so testify. Date Mar 5, 2022 Alena Anchondo