ApplicationCal. Super. - 6th Dist.March 4, 2021\Oooqcxmgwm... NNNMNNNNN-fifi-#~---- ”flam‘hwnwocmqa\thN-O 21 CV379034 Santa Clara - Civil Electronically Filed by Superior Court of CA, County of Santa Clara,KRISHAN CHOPRA (State Bar No. 192032) on 7/26/2021 1 O_22 AM City Attorney . _ . MEGAN J. MAREVICH (State Bar No. 288358) ReV'ewed By' F' M'"er - - Case #21 CV379034 Assnstant City Attorney E I _ 6920751CITY 0F MOUNTAIN VIEW "V9 0P9- 500 Castro Street Mountain View, CA 94041 [Exempt from filing fees] Telephone: (650) 903-6303 [Govt Code § 6103] Email: citgattornegflmountainview.gov Attorneys for Petitioner, CITY OF MOUNTAIN VIEW [N THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY 0F SANTA CLARA CITY 0F MOUNTAIN VIEW, ) Case No. 2|CV379034 a municipal corporation, ) ) APPLICATION AND DECLARATION Petitioner, ) FOR ORDER 0F DEFAULT ) v. ) (Pena! Code § 18250) ) YIYI CHEN, ) ) Respondent. ) APPLICATION 0n March 4, 2021, the City of Mountain View filed a petition seeking forfeiture of a weapon confiscated from Yiyi Chen, (hereinafter, “Respondent”) pursuant to Penal Code sections 18250 and 18400. In conformance with Penal Code section 18405, Respondent was served via U.S. Postal Service registered mail to his last known home address with said petition and Declaration of Officer Nicholas Pointer in support thereof on April 10, 2021, and by written correspondence the City notified Respondent he had thirty (30) days in which to request a hearing on the retum of said weapon. Application and Declaration for Order of Default Case #2 l CV319034 -1- \DOO‘h-laU'IAUJN- NNNNNNNNNr-IH-n-----_‘.‘ WQGM$WNHOONQQM#WN-O However, on April 27, 2021, the Petition and correspondence were returned to the City as undeliverable. On May 4, 2021, the City mailed via U.S. Postal Service registered mail the Petition and correspondence to another address on file for Respondent. To date, Respondent has not scheduled a hearing. The City has made a diligent, good faith effort to comply with the notification requirement. While a notice may be mailed by registered mail, and a “signed return receipt may create a rebuttable presumption that the notice was received, the absence of such a signed return receipt does not negate any other presumptions concerning mailed items.” Bear Creek Master Assn. v. Edwards (2005) 130 Cal. App. 4th I470, I486. Pursuant t0 Evidence Code section 64 l , “A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail.” To date, Respondent has not scheduled a hearing. Under Penal Code section 18415, the City ofMountain View may file an Application for Order of Default if the Respondent does not request a hearing within thirty (30) days of the notice. More than thirty (30) days have elapsed since such notice was served. Therefore, City of Mountain View requests that the Court issue an Order of Default ordering forfeiture of said weapon confiscated by the Mountain View Police Department. A proposed order is submitted herewith. Date: July 23, 2021 Wm Q.W Meggn J. Mé’evichw I, Megan J. Marevich, hereby declare as follows: l. I am an Assistant City Attorney representing City of Mountain View in the above-entitled matter. Application and Declaration for Order of Default - Cas: #2 lCV379034 -2- xoaoqcxunhwmf- NNNNNNNNNH‘HI-I-I-IH---- quMhWN-OOW‘JONM-BWN-O 2. On March 4, 2021, the City of Mountain View filed a Petition regarding Disposition of Weapons confiscated from Respondent Yiyi Chen pursuant to Penal Code Sections 18250 and 18400. 3. On April 10, 2021, the Petition Regarding Disposition of Weapons and Declaration of Officer Nicholas Pointer in support thereof and written correspondence was mailed via U.S. Postal Service registered mail informing Respondent that he had thirty (30) days in which to request a hearing and that .failure to respond would result in the City filing an Application for Order of Default. (See Proof of Service and written correspondence (without enclosure) attached hereto as Exhibit "A. ") 4. However, on April 27, 2021 the petition and correspondence were returned to the City as undeliverable. 0n May 4, 2021, the City mailed via US Postal Service registered mail the petition and correspondence to another address on file for Respondent. To date, Respondent has not contacted the City. The City has made a diligent, good faith effort to comply with the notification requirement. 5. While a notice may be mailed by registered mail, and a “signed return receipt may create a rebuttable presumption that the notice was received, the absence of such a signed return receipt does not negate any other presumptions concerning mailed items.” Bear Creek Master Assn. v. Edwards (2005) 130 Cal. App. 4th 1470, 1486. Pursuant to Evidence Code section 641 , “A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail.” 6. To date, the City of Mountain View has not received notice that Respondent has scheduled a hearing. l declare under penalty of perjury that the foregoing is true and correct and that this Declaration was executed on this 1, 23rd day of July, 202] , at Mountain View, California.WOW Meggn J. Mgevich Application and Declaration for Order of Default Case #ZICV379fl-34 -3-- EXHIBIT A HI I CITY OF MOUNTAXN VIEW OFFICE OF THE CITY ATTORNEY 500 Castro Street 0 Post Office Box 7540 0 Mountain View, California 94039-7540 650-903-6303 0 FAX 650-967-4215 May 4, 2021 COW VIA REGISTERED MAIL Yiyi Chen 699 Calderon Avenue Mountain View, CA 94041-2311 RE: NOTICE OF REQUEST FOR HEARING ON RELEASE OF CONFLSQATED WEAPON PURSUANT TO PENAL CODE SECTION 18250 Case No. 21CV379034 Dear Mr. Chen: Enclosed please find our correspondence and attachments dated April 10, 2021, which were mailed via registered mail. The envelope was returned on April 27, 2021 stating no such person lived at the address we mailed it to. We have since obtained the above address for mailing. Sincerely, /J/Lynette D. Icing Lynette D. King Legal Secretary Enclosure: - 4/10/21 - Letter to Mr. Chen - Penal Code §§ 18400-18420 - Civil Case Cover Sheet - Petition Regarding Disposition of Weapons - Declaration of Police Officer Nicholas Pointer C1D! (H: Muummm VLEW OFFICE 0F THE CITY ATTORNEY 500 Castro Street 0 Post Office Box 7540 O Mountain View, California 94039-7540 650-903-6303 0 FAX 650-967-4215 April 1o, 2021 00‘ f VIA REGISTERED MAIL Yiyi Chen 736 Muir Drive Mountain View, CA 94043 RE: NOTICE OF REQUEST FOR HEARING ON RELEASE OF CONFISCATED WEAPON PURSUANT TO PENAL CODE SECTION 18E Case No. 21CV379034 Dear Mr. Chen: On January 3, 2021, Mountain View Police Officers confiscated a Springfield 9mm semi- automatic pistol from you pursuant to Penal Code section 18250. At that time, you were arrested and transported to Santa Clara County main jail. Pursuant to Penal Code sections 18400 and 18405, the City has filed the enclosed petition regarding disposition of weapons by which a determination will be made as to whether the return of the weapon to you would be likely to result in endangering the victim and/ or others. If a hearing is held, the City will request that the court authorize the Mountain View Police Department not to release the weapons to you and to have them destroyed or disposed of pursuant to state law. If you wish to have a hearing on whether the weapon should be returned to you, you have thirty (30) days to contact the court clerk and request a hearing. If you do not respond to the court clerk within that time, the City will file a petition for an Order of Default, which will result in a default order forfeiting the confiscated weapon. Your weapon will not be returned to you. YiyiChen April 10, 2021 Page2 The court clerk's address and phone number is as follows: Court Clerk Superior Court if California, County of Santa Clara 191 North First Street San Jose, CA 95113 (408) 882-2100 A copy of Penal Code sections 18400-18420, which sets forth the procedure to be followed if you wish to seek the return of your weapon(s), is attached for your reference. If you have any questions, you may contact an attorney of your choice. Sll}cerely, /.1,/~0 ~ Megan J. Mare'6fch Senior Deputy City Attorney Cc: Officer Nicholas Pointer, MVPD (without enclosures) Tim Downey, MVPD Property and Evidence Specialist Enclosure: - Penal Code§§ 18400-18420 - Civil Case Cover Sheet - Petition Regarding Disposition of Weapons - Declaration of Police Officer Nicholas Pointer \DWNIGUIhWM-a MN N NN I-bn-I-Hu-In-nn-nn-II-A wugahag-oawqasmhwu-o 21 CV379034 Santa Clara - Civil KRISHAN CHOPRA (State Bar No. 192032) City Attorney MEGAN J. MAREVICH (State Bar No. 288358) Senior Deputy City Attorney CITY 0F MOUNTAIN VIEW 500 Castro Street Mountain View, CA 94041 Telephone: (650) 903-6303 Email:Wm Attorneys for Petitioner CITY 0F MOUNTAIN VIEW IN THE SUPERIOR COURT 0F THE STATE 0F CALIFORNIA IN AND FOR THE COUNTY 0F SANTA CLARA CITY 0F MOUNTAIN VIEW, ) a municipal corporation, ) ) Petitioner ) ) v. ) ) YIYI CHEN, ) ) Respondent. ) ) III Ill III l/I ll/ Ill III l/I Ill Case No. 21CV379034 [30°F 0F §ERV1CE (C.C.P. § 10] 3a, 201 5.5) System System Electronically Filed by Superior Court of CA, County of Santa Clara. on 4116I2021 8:05 AM Reviewed By: System System Case #21CV379034 Envelope: 6255140 [Exempt from filing fees] [Govt Code § 6103] COW Proofomeice ~210V379034 WNHOUI¥WNH NNNNNNNH-b-wflmu-AH-I-n gaau&WN~OOWQGM#WNHO RE: Qfl X QE MQUNTAIN VIEW v. YIYI CHEN Case No. 21CV379034W I hereby certify that I am a citizen ofthe United States, over the age of l 8, and not a party to the within action. My business address is 500 Castro Street, Mountain View, California, 94041. 0n April 10, 2021 , I served the following documents: o CIVIL CASE COVER SHEET; and o PETITION REGARDING DISPOSITION 0F WEAPONS; and o DECLARATION 0F POLICE OFFICER NICHOLAS POINTER 1N SUPPORT 0F PETITION REGARDING DISPOSITION OF WEAPONS on the following party(s) in said action: Yiyi Chen 736 Muir Drive Mountain View, CA 94041 VIA REGISTERED MAIL - CP By placing a lme copy thereofenclosed in a sealed envelope, addnssed as above, and depositing the sealed envelope with the United States Postal Service with the postage fully prepaid on this date. I declare under penaltyofperjury and the laws ofthe State ofCalifornia that the foregoing is true and correct and that this declaration was executed on April IO, 202] , at Mountain View, California. D. KIN ProofofSewioe -21€V319034 .2.