Etienne G Runge vs. Finn Boie Englyng

Response to Request for Civil Harassment Restraining Orders

Cal. Super. - 4th Dist.February 6, 2017

CH 1 20 Response to R equest for Civil Clerk sta mps date here when form isfiled. Harassment Restraining Orders Use this formto respond to the Request (form CH-100) « Read How Can I Respond to a Requestfor Civil Harassment Restraining Orders? (form CH-120-INFO), to protect your rights. « Fill outthis form and takeit to the court clerk. » Have someone age 18 or older—not you—serve the person in @D or his or her|lawyer by mail with a copy ofthis form and any attached pages. (Useform CH-250), Proof of Service ofResponse by Mail,) ©) Person Seeking Protection Name ofperson seeking protection (seeform CH-100, item Ay: Fill in court name and street address: ETIENNE G RUNGE Superior Court of California, County of © Person From Whom Protection Is Sought Superior Court of California a. Your Name: FINN B ENGLYNG Harbor Justice Center Your Lawyer (ifyou have onefor this case): 4601 jamboree road Name: FREDDY SAVEGH State Bar No.:230297 | Newport Beach Ca 92660-2595 Firm Name: THE FOXX FIRM b. Your Address (Ifyou have a lawyer, give your lawyer's information. Court fills in case n umber whenform is filed. Ifyou do not have a lawyer and wantto keep your home address Cas e Number: private,you may give a different mailing address instead. You do not 00901 577 have to give telephone, fax, or e-mail.): Address: 407 EAST WOODBURY ROAD Present your response and any opposition at the City: ALTADENA State: CA Zip: 91001 hearing. Write your h earing date, time, and place i Pr 2A — from form CH-109 item (3)here: Telephone: 310-895-1188 Fax: 310-895-1180 . hes EM 1Addr : Hearing > Date: 2/28 Time: 8:30 -Mail| ess: TINA@THEFOXXFIRM.COM Date De pt. Room:1 3) X Personal Conduct Orders If you were served with a Temporary a. [] Tagreeto the orders requested.] Restraining Order, you must obey it until the b. [KI Ido not agree to the orders requested. hearing. At the hearing, the court may make orders against you thatlast for up to five years. c. 1 agree to the following orders (specify): (® X Stay-Away Orders a. 11 agree to the orders requested. b. I do not agree to the orders requested. c. 1 agree to the following orders (specify): [XAdditional Protected Persons a. [J1 agree that the persons listed in item ©) of form CH-100 may be protect ed by the order requested. b. Id I do not agree that the persons listed in item ®)of form CH-100 may be protected by the order requested. Judicial Council of Californie, www.courts.ca.gov Response to Request for Civil Hara ssment CH-120, Page 1 of 3 Revised January 1, 2017, Mandatory Form Code of Civil Procedure, §§ 527.6 and 527.9 Restraining Orders — (Civil Harassment Prevention) Case Number: 00901577 ® ® © Guns or Other Firearms and Ammunition If you wereserved with form CH-110, Temporary Restraining Order, you cannot OWn or possess any guns, other firearms, or ammunition. (See item @ of form CH-110.) You must sell t o or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms in y our immediate possession or control within 24 hours of being served with form CH-110. You must file a receip t with the court. You may use form CH-800, ProofofFirearms Turned In, Sold or Stored, for the recei pt. a. [x] Ido not own or control any guns or firearms. b. [J Ihave turned in my guns and firearmsto the police or sold them to or store d them with a licensed gun dealer. A copyofthe receipt [] is attached. [7] has already been filed with the court. [] Possession and Protection of Animals a. [11 agree to the orders requested. b. [] Ido not agree to the orders requested. ¢. [J Iagree to the following orders (specify): [J Other Orders a. [11 agree to the orders requested. b. [11 donot agree to the orders requested. c. I agree to the following orders (specify): x] Denial I did not do anything described in item@ of form CH-100. (Skip to (10).) x] Justification or Excuse If I did someorall ofthe things that the person in@ has accused me of, my actions were justified or excused for the following reasons (explain): [J Check here ifthere is not enough space belowforyour answer. Putyour complete answer on a n attached sheet ofpaper and write “Attachment 10—Justification or Excuse * as a title. You may useform MC-025, Attac hment. Nell Cow RGA - Revised January 1, 2017 Response to Request for Civil Harassment © CH-120, Page 2 of 3 Restraining Orders -> (Civil Harassment Prevention) Case Number: 000901577 a [1] No Fee for Filing a. 1 request that I not be required to pay the filing fee because the person in(1) claims in form CH-100 item®to be entitled to free filing. b. OI I request that I not be required to paythe filing fee because I am eligible for a fee waiver. (Form FW-001, Request to Waive Court Fees, must befiled separately.) (12) x] Lawyers Fees and Costs a. [1] Iask the court to order payment ofmy [Xi Lawyer's fees [] Court costs The amounts requested are: | Item Amount Item Amount Lawyers Let 53250.00 $ | $ $ $ $ 1 Check hereifthere are more items. Put the items and amounts on the attached sheet ofpaper orform MC-025 and write “Attachment 12—Lawyer’s Fees and Costs”for a title. b. OI ask the court to deny the request of the person asking for protection that I pay his or her lawyer's fees and costs. (13) Number ofpages attached to this form, if any: Date: 02/27/2017 Freddy Sayegh Esq Lawyer’s name(ifany) Lawyer’s signature I declare under penalty of perjury under the laws ofthe State of California that the information above and on all attachments is true and correct. Date: 2/27/2017 Q= Freddy Sayegh Esq Type orprint your name Sign your name Revised January 1,2017 | Response to Request for Civil Harassment CH-120, Page 3 of 3 Restraining Orders (Civil Harassment Prevention) B O W O N © 0 = W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. FREDDY SAYEGH - State Bar No. 230297 The Foxx Firm, Inc. 407 East Woodbury Road Altadena Ca 91001 Tel.: (310) 895-1188 Fax: (310) 895-1180 Attorneys for FINN BOIE ENGLYNG SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE ETIENNE G. RUNGE, CASE NO. 00901577 Complainant, RESPONSE AND DECLARATION OF FINN BOIE VS. ENGLYNG TO REQUEST FOR CIVIL HARASSMENT FINN BOIE ENGLYNG, RESTRAINING ORDER Respondent. DATE: February 28, 2017 TIME: 9:00 a.m. DEPT: H-10 I. FACTUAL HISTORY Approximately 18 monthsprior to the incident Mr. Englyng, his wife and his then one year old daughter and three year old son purchased their home at 929 Helena Circle, Costa Me sa CA. Mr. Englyng is 42 years old and works in construction. His wife is 38 years old andis the property manager and lease agent for Real Office Center in Irvine, CA. Their homesits in a c ul- de-sac without any egress only ingress. The Englyng’s are a private family who keeps mos tly to themselves. They have never had a party, event or social gathering at their home. With the hectic work schedule and children they did not have much time to socialize with the other neighbors, however they maintained a good neighborly relationship with everyone on their street. 1 MOTION TO RETURN PROPERTY © 0 N N O6 8 W n R e w = N O R R D N R R N D m m m m e e e e N R H N E X E O E D O m R © © ® 2 a » © H V N = O S | When the Englyng’s moved into the home they noticed the f ence had serious issues and needed to be replaced. Mr. Englyng and his neighbor Mr. Rung e agreed to replace the fence. Both parties agreed to bring an estimate to agree upon. Mr. Runge brought a n estimate approximately $400.00 less them Mr. Englyng’s. The discrepancy in price w as that one of the estimates was from a reputable licensed, bonded and insured company and Mr. Runge’s was from an unlicensed, un-bonded and un-insured. To resolve the dispute, Mr. E nglyng agreed to pay for the costs of disposal and removal of the fence. Both parties agreed that Mr. E nglyng ‘would start the removal ofthe fence. On April 22, 2016, Mr. Englyng began removal ofthe fence as the parti es agreed upon. Mr. Englyng had no idea, notice or clue that Mr. Runge had guests taking p ictures in his back yard at 7:10 A.M. When Mr. Englyng heard voice and yelling, he promptly s topped working and apologized and decided to commence removalat a later date to accommodate M r. Runge’s guests. | On April 30, 2017, Mr. Englying commenced removal of the fence. By ti me he removed between 40-50 feet of the fence Mr. Runge notified him that he had some unexpec ted financial issues that had arose and that he could notat that time assist with paying fo r the fence. Mr. Englying understood and ceased further removal ofthe fence until Mr. Run ge was ready to proceed. At no time did Mr. Englyng intentionally cause damage to the fence. At no time did Mr. Englyng curse or yell at the Runges regarding the fence. The only time Mr. Engl yng discussed the fence with Mr. Runge is when his gardenertried to prop up the fence with shodd y braces that were wholly inadequate. Mr. Englyng had not discussed or even raised the issue of the fence for over one year prior to this incident. Mr. Englyng did not harbor any negative feelings towar ds Mr. Runge regarding this fence or his dog. 2 MOTION TO RETURN PROPERTY © 0 N N w n B e W N R O N R D R N R D N N D e e m m e s m E T E R N B H R E P O 2 & © © 9 a n b w D = O S I. ALLEGED FUED WITH OTHER NEIGHBORS | Mr. Runge alleges in his complaint that Mr. Englyng is feuding with his neighbors. The first time that Mr. Englyng had any idea or indication that there were any issues with the other neighbors was only at the time of receiving this complaint. Mr. Englyng emph atically denies telling Mr. Runge “I am war with these two bitches”, as a matter of fact Mr. Englyng has no idea what Mr. Runge is eventalking about. Mr. Runge and his family have been exemplary neighbors and has no issue s with any of the neighbors on the street. IV. HARASSMENT | Mr. Englyng and his wife never noticed any problemsor issues with Mr. Runge whatsoever and assumed that they had a great relationship. Only until approximately 60 days prior to the incident was Mr. Englyng notified by his sister in law that she thought there may be a problem with Mr. Runge. On that date Mr. Englyng’s sister in law, wh o is a sworn orange County Sheriff officer, who was in plain clothes came to visit the Engly ng’s. As she was walking towards the front door she received a “mean” and “dirty” look from Mr. Runge. She alerted Mr. Englyng ofthe issue. From that point forward Mr. Runge would do the same th ing to Mr. Englyng wife every time he saw her, except that his conduct was more intimidating or threatening. | The day before the incident, January 20, 2017, Mr. Runge saw Mr. Englyng and gave him an intimidating look, the same that he has given his wife and sister-in-la w over the past 60 days. Angered and frustrated by Mr. Runge’s attitude, Mr. Englyng asked if Mr. R unge “if he had something to say to him.” Mr. Runge said “fuck you’> and quickly walke d into the house. | The day of the incident, January 21, 2017, Mr. Englyng came hom e for a briefmoment to pick up his kid’s sports supplies that he forgot. When he got out of the ca r, Mr. Runge was with Mr. Hunter and Ms. Baker was outside across the street. Mr. Runge t hen tried to initiate the conflict. He yelled to Mr. Englyng “hey fat mother fucker”. Mr. Engl yng confused as to the source of such hostility walked across to resolve the problem. He walked up with his five year old son so he clearly had no intent to escalate the situation let alone get p hysical. Instead he 3 MOTION TO RETURN PROPERTY © © N N o N w n R e W w N d R O N D O N O R R N N N e m m e = m E N N R S G R O N = , S 0 0 ® N n A w N D = O o waned to defuse the situation by resolving the problem. When Mr. Englyng came closer, Mr. Runge said, “don’t walk like you own this neighborhood”. Mr. Runge then got close r to Mr. Englyng and belly bumped him. Mr. Englyng felt outnumbered by Mr. Runge and Mr. Hunter and in fear for the safely ofhis son. In response and to protect his kid, he pushed Mr. Ru nge back. That the moment when Mr. Hunter began recording. Mr. Englyng after seeing he’s being recorded left to go back to the park that he was on his way in the first place. is false:Mr. Runges claim that Mr. Englyng punched him 12 times | 1. Mr. Englyng had both of his handsfilled with items 2. Mr. Englyng did not drop any ofthe items in his hands had he thought a fight wo uld ensue 3. The video would show such an assault, which is why Mr. Runge carefully edited the | photosat perfect timing to make it look like an assault. 4, Mr. Englyng’s children were with him | 5. No supporting injuries IV. SOURCE OF THE CONFLICT This case is about Mr. Runge, Ms. Baker Mr. Hunter and Mrs. Marie all teaming up to m ake Mr. Englyng leave the neighborhood because of the parking issues that they all have with him. Mr. Englyng has two cars, a truck, an RV and a trailer. He occasionally left his cars parked fo r longer than 72 hours, had histrailer block the sidewalk, and had his cars encroach onto Mr. Runge’s, Ms. Baker’s and Mrs. Hunter’s driveways on multiple occasions. One ofthe neighbors listed calls code enforcement every single time Mr. Englyng parks his vehicle on the street. Also, Ms Baker and Mrs. Marie are both elderly so they keep an eye on each other. Every morning they checkifthe other opened her blinds.Ifthe blindsare not open that signifies that something is wrong and one would call for help for the other. Mr. Runge’s truck blocksth eir view so they can’t see each other’s blinds because of him. However the neighbors can’t get rid of Mr. Englyng merely because of the parking 4 MOTION TO RETURN PROPERTY © 6 0 ~ N A W n A R W N = R O N N N N N N N R = m e m e s R N B O B E & 8 = ~ & © 0 0 9 & & © » W D = 9 problem. This is why they collectively provoke him and look for ways t o get rid of him. Finally they set up the incident that occurred on January 21, 2017 as each and eve ry one ofthe neighbors had set up cameras and were all there at the exact same moment. All ofth e neighbors currently | have all of their cameras pointed at the home of Mr. Englyng. VL. INFORMAL RESOLUTION Mr. Englyng has no intention to move out of the neighborhood no matter what tactics Mr. Runge uses. Since the date ofthis incident Mr. Englyng has avoided any confl ict or contact with Mr, Runge and any of the persons seeking protection underthis order. Mr. En glyng understands that he must live next door to Mr, Runge and the neighbors. Mr. Englyng is m ore than willing to sit down informally and resolve any outstanding issues with any of his neigh bors. mv. NO PROTECTIVE ORDER SHOULD BE ISSUED Neither Mr. Englyng nor his wife have ever been arrested, charges with or c onvicted of any crime or have ever had such allegations made against them whatsoever . Further neither Mr. Englyng drink alcohol or consume anyillicit drugs whatsoever. More impo rtantly Mr. Englyng harbors no animosity towards anyone and has no intention of bothering, harassin g or annoying any persons. | The Court understands that such an orderis quasi-criminal and has substa ntial ramifications if issued, and no such order would be deemed necessary. Dated: February 27,2017 THE FOXX FIRM,INC. By: ai F. FREDDY SAYEGH Attorneys for Finn Englyng 5 MOTION TO RETURN PROPERTY