DeclarationCal. Super. - 6th Dist.March 1, 2021O©OON®U1-POOI\J-\ NNNNNNNNNAAAAAAAAAA mem-POONAOCOmNmU'I-POONA 21 CV378998 Santa Clara - Civil A. Floresc Electronically Filed NORA FRIMANN, City Attorney (#93249) by Superior Court of CA, ARDELL JOHNSON, Assistant City Attorney (#95340) County of Santa Clara, MATTHEW PRITCHARD, Senior Deputy City Attorney (#264119/83/2021 9:03 AM Office of the City Attorney Reviewed By: A. Floresca 200 East Santa Clara Street Case #21CV378998 San José, California 951 13-1905 Envelope: 7248723 Telephone Number: (408) 535-1900 Facsimile Number: (408) 998-3131 E-Mail Address: cao.main@sanjoseca.gov Attorneys for Petitioner, CITY OF SAN JOSE SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA UNLIMITED JURISDICTION CITY OF SAN JOSE, a municipal CASE NO. 21CV378998 corporation, DECLARATION OF MATTHEW Petitioner, PRITCHARD FOR ORDER OF DEFAULT vs. (WELFARE & INSTITUTIONS MARVIN DE LA PORTE, CODE §8102) Respondent. I, MATTHEW PRITCHARD, hereby declare as follows: 1. | am a Senior Deputy City Attorney representing the City of San José in the above-captioned matter. 2. On March 1, 2021, the City of San José filed a Petition Re: Disposition of Weapons seeking forfeiture of firearms that police officers confiscated from the residence of Respondent Marvin De La Porte, when the officers detained him on January 30, 2021 for psychological evaluation pursuant to Welfare & Institutions Code §5150. The City’s Petition may be found within the Court’s file. 1 DECLARATION OF MATTHEW PRITCHARD FOR ORDER OF DEFAULT Case Number: 21CV378998 1856258 O©OON®U1-POOI\J-\ NNNNNNNNNAAAAAAAAAA mem-POONAOCOmNmU'I-POONA 3. On April 16, 2021, the City Attorney’s Office mailed a notice letter informing De La Porte that he was required to respond to the Court to request a hearing on this matter within thirty days. The letter also informed De La Porte that failure to respond would result in an Order of Default. 4. De La Porte did not request a hearing. He sent the City of San Jose a letter that he reserved a hearing date on April 20, 2021, which was set for June 24, 2021. However, on June 17, 2021 the City of San Jose was notified by the Court that there were no moving papers filed by De La Porte, so the hearing for June 24, 2021 was vacated. As of this date, the City Attorney’s Office has not received notice from or on behalf of De La Porte requesting another hearing. The Court’s file should reflect that no such further request has been filed. | declare under penalty of perjury that the foregoing is true and correct. This Declaration was executed on September 13, 2021, in San Jose, California. /s/ Matthew Pritchard MATTHEW PRITCHARD Senior Deputy City Attorney 2 DECLARATION OF MATTHEW PRITCHARD FOR ORDER OF DEFAULT Case Number: 21CV378998 1856258