Petition

Cal. Super. - 6th Dist.March 29, 2021

O©OON®U1-POOI\J-\ NNNNNNNNNAAAAAAAAAA mem-POONAOCOmNmU'I-POONA 21 CV381425 Santa Clara - Civil R. Nguye Electronically Filed NORA FRIMANN, City Attorney (#93249) by Superior Court of CA, ARDELL JOHNSON, Assistant City Attorney (#95340) County of Santa Clara, AARON YU, Deputy City Attorney (#304882) on 8/1 7/2021 9:33 AM Office of the City Attorney Reviewed By: R. Nguyen 200 East Santa Clara Street Case #21CV381425 San José, California 951 13-1905 Envelope: 7075836 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. 21CV381425 corporation, PETITION FOR ORDER OF Petitioner, DEFAULT vs. (WELFARE & INSTITUTIONS ANTHONY LAWRENCE LEE, CODE §8102) Respondent. Exempt from Filing Fees - Gov’t. Code § 6103 On March 29, 2021, the City of San José filed a Petition Re: Disposition of Weapons seeking forfeiture of firearms that San José police officers confiscated from the residence of Respondent ANTHONY LAWRENCE LEE for safekeeping. Respondent was detained by San José Police Department officers on February 28, 2021 for psychological evaluation pursuant to Welfare & Institutions Code §5150. Respondent was notified via first-class mail on May 7, 2021 that he was entitled to request a Court hearing regarding the return of his firearms within 3O days from the date of May 7, 2021. A copy of the notice is attached as Exhibit A. The Notice was returned 1 PETITION FOR ORDER OF DEFAULT Case Number: 21CV381425 1827472 O©OON®U1-POOI\J-\ NNNNNNNNNAAAAAAAAAA mem-POONAOCOmNmU'I-POONA as undeliverable because the address provided by Respondent was a motel room. Respondent was also served via electronic mail. Respondent has not requested a hearing as of this date. Pursuant to Welfare & Institutions Code §8102(g), the City of San José may file a Petition for Order of Default if a respondent does not request a hearing within 30 days of being notified of the petition. More than 30 days have elapsed since the notice was mailed and electronically served in this case. Therefore, the City of San José respectfully requests that the Court issue an Order 0f Default against LEE addressing forfeiture of his firearms, further described as: 1. Ruger .357 caliber revolver (serial no. 17793222); 2. Six .357 caliber rounds (tag n0. SJ332591-1); and, 3. Silver gun case with paperwork (tag no. SJ332591-3). Said firearms were confiscated and booked into the San José Police Department Property and Evidence Division for safekeeping. A proposed Order of Default is submitted herewith. Respectfully submitted, NORA FRIMANN, City Attorney Dated: August 17, 2021 By: /S/Aar0n Yu AARON YU Deputy City Attorney Attorneys for CITY OF SAN JOSE PETITION FOR ORDER OF DEFAULT Case Number: 21CV381425 1827472 EXHIBIT A SANJOSE Ofiice of the CityAttomey CAPITAL OF SILICON VALLEY NORA FRIMANN, CITY ATTORNEY May 7, 2021 Anthony Lawrence Lee 55 East Brokaw Road #134 San Jose, CA 951 12 Re: City of San José v. Anthony Lawrence Lee Case No: 21CV381425 Dear Mr. Lee: On February 28, 2021 the San José Police Department confiscated a weapon or weapons from you. Please be advised that on March 29, 2021, the City of San José filed with the Superior Court a petition for a hearing to determine whether the return of your firearms would be likely to result in endangering yourself or others. Welfare and Institutions Code § 8102 provides the applicable procedures for this hearing. If you wish to seek the return of the weapon or weapons, you must, within thirty (30) days of the date of this letter, respond to the Court Clerk of the Santa Clara County Superior Court located at 191 North First Street, San José, California, to request a hearing on this matter. Should you request a hearing, please send to me copies 0f any documents you file with the Court. Your failure to respond will result in a default order forfeiting the confiscated firearms. You should also be aware that if you were officially admitted to the health care facility for a psychiatric hold, you might not be eligible for return 0f the weapon(s) or possession of any weapon(s) unless you initiate a further proceeding under section 8103. Very truly yours, NORA FRIMANN, City Attorney By: /s/Aaron Yu AARON YU Deputy City Attorney 200 East Santa Clara Street, San José, CA 951 13 tel (408) 535-1900fax (408) 998-3131