Donald Duane Wragg vs. Marty Dillon

Response to Request for Civil Harassment Restraining Orders

Cal. Super. - 4th Dist.August 1, 2017

i Response to Request for Civil CH-120 Harassment Restraining Orders Clerk stamps date here when form is filed. Use this form to respond to the Request (form CH-100) « Read How Can I Respond to a Request for Civil Harassment Restraining Orders? (form CH-120-INFO), to protect your rights. « Fill out this form and take it to the court clerk. « Have someone age 18 or older—not you—serve the person in @ or his or her lawyer by mail with a copy of this form and any attached pages. (Use form CH-250, Proof of Service of Response by Mail.) Person Seeking Protection Name of person seeking protection (see form CH-100, item Ay: DONALD DUANE WRAGG Person From Whom Protection Is Sought a. Your Name: MARTY DILLON ELECTRONICALLY FILED Superior Court of California, County of Orange 0BME201T at 02:41:00 PI Clerk of the Superior Court By Giovanni Galon, Deputy Clerk Fill in court name and street address: Your Lawyer (if you have one for this case): Name: TIM J. POLLARD Firm Name: TUCKER | POLLARD, Attorneys at Law State Bar No.:272336 Superior Court of California, County of ORANGE Harbor Justice Center Newport Beach Facility 4601 Jamboree Road Newport Beach, CA 92660-2595 b. Your Address (If you have a lawyer, give your lawyer's information. If you do not have a lawyer and want to keep your home address private, you may give a different mailing address instead. You do not have to give telephone, fax, or e-mail.): Court fills in case number when form is filed. Case Number: 30-2017-00935038 Address: 2102 Business Center Drive City: Irvine State: CA Zip: 92612 Telephone: (949) 253-5710 Fax: (949) 269-6401 Present your response and any opposition at the hearing. Write your hearing date, time, and place from form CH-109 item (3) here: E-Mail Address:tpollard@tuckerpollard.com (3) x] Personal Conduct Orders a. [] I agree to the orders requested. b. [x] Ido not agree to the orders requested. c. [J Iagree to the following orders (specify): Hearing)? Date: 08/22/2017 Time: 9:00 Date Dept.:H-10 Room: 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. ® [x] Stay-Away Orders a. [] Iagree to the orders requested. b. [x] Ido not agree to the orders requested. c. [J Iagree to the following orders (specify): (5) x] Additional Protected Persons a. [] I agree that the persons listed in item (3®)of form CH-100 may be protected by the order requested. b. [x] Ido not agree that the persons listed in item ®)of form CH-100 may be protected by the order requested. Judicial Council of California, www.courts.ca.gov Response to Request for Civil Harassment Restraining Orders -» Revised January 1, 2017, Mandatory Form Code of Civil Procedure, §§ 527.6 and 527.9 CH-120, Page 1 of 3 (Civil Harassment Prevention) Case Number: 30-2017-00935038 ® CI RC 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 ammunition. (See item @ of form CH-110.) You 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 within 24 hours of being served with form CH-110. You must file a receipt with the court. You may use form CH-800, Proof of Firearms Turned In, Sold or Stored, for the receipt. a. [] Ido not own or control any guns or firearms. b. [X] Ihave turned 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 [x] is attached. [] has already been filed with the court. [J] Possession and Protection of Animals a. [] I agree to the orders requested. b. [J I do not agree to the orders requested. c. [J Iagree to the following orders (specify): [J Other Orders a. [] Iagree to the orders requested. b. [J] Ido not agree to the orders requested. c. [J Iagree to the following orders (specify): [J Denial I did not do anything described in item (7) of form CH-100. (Skip to (19) [x] Justification or Excuse If I did some or all of the things that the person in @ has accused me of, my actions were justified or excused for the following reasons (explain): (X] Check here if there is not enough space below for your answer. Put your complete answer on an attached sheet of paper and write “Attachment 10—Justification or Excuse” as a title. You may use form MC-025, Attachment. elise Jeska, 207 Response to Request for Civil Harassment VELEN Pow 2 of 3 Restraining Orders mt (Civil Harassment Prevention) Case Number; 30-2017-00935038 ® ® ® No Fee for Filing a. [X] Irequest that I not be required to pay the filing fee because the person in(T)claims in form CH-100 item (i3)to be entitled to free filing. b. [J I request that I not be required to pay the filing fee because I am eligible for a fee waiver. (Form FW-001, Request to Waive Court Fees, must be filed separately.) [x] Lawyer's Fees and Costs a. [X] Iask the court to order payment of my [xX] Lawyer’sfees [] Court costs The amounts requested are: Item Amount ltem Amount Attorney's Fees $ 2,500.00 Firearms Storage Fees S$ rap $ $ $ $ 00 Check here if there are more items. Put the items and amounts on the attached sheet of paper or form MC-025 and write “Attachment 12—Lawyer's Fees and Costs” for a title. b. [J Task the court to deny the request of the person asking for protection that [ pay his or her lawyer’s fees and costs. Number of pages attached to this form, if any: = Date: August 18, 2017 Tim J, Pollard b eed Lawyer's name (if any) I declare under penalty of perjury under the laws of the State of California that the infiffpation above and on all attachments is true and correct. : Date: August 18, 2017 Marty Dillon b Type or print your name a Response to Request for Civil Harassment CH-120, Page 3 of 3 Restraining Orders {Civil Harassment Prevention) T U C K E R | P O L L A R D 21 02 Bu si ne ss Ce nt er Dr iv e, Su it e 13 0, Ir vi ne , C A 92 61 2 Te le ph on e (9 49 ) 25 3. 57 10 | F ac si mi le : (9 49 ) 26 9. 64 01 No ~~ Ww S S OO 00 NN A N Wn 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4 28 ONALD DUANE WRAGG v. MARTY DILLON OCSC Case No. 30-2017-00935038 ATTACHMENT 10 — JUSTIFICATION OR EXCUSE JULY 31.2017, INCIDENT (Attack on the Sidewalk) On July 31, 2017, I was assaulted and brutally beaten by DONALD DUANE WRAGG (“Mr. Wragg”) after I attempted to walk passed him on the sidewalk on my way out to the lawn bowling green area at our mobile home community The Groves. The night before this incident (July 30, 2017) Mr. Wragg hit me in the back of the head which knocked my hat off over my eyes. Several guests were present and witnessed Mr. Wragg hit me which upset and embarrassed me. As I walked down the sidewalk towards the lawn bowling green area, Mr. Wragg was standing on the sidewalk in my direct path of travel. I made it within about a foot away from Mr. Wragg when he said, “I didn’t do it.” (In reference to hitting me in the back of the head the night before). I continued to walk passed and Mr. Wragg again said, “I didn’t do it” and he then grabbed my arm as I was moving passed him. (I have attached a photograph of the injuries that Mr. Wragg caused to my arm when he grabbed same, hereto as EXHIBIT A). When Mr. Wragg grabbed my arm, I yanked my arm away from him and pushed him away from me. Mr. Wragg then clinched his fists and said, “That’s the way you want to do it” and moved toward me. I was holding a cup of coffee in my hand and threw it at Mr. Wragg in an attempt to prevent him from attacking me and also because I am in no physical condition to defend myself do to a rotator cuff injury. Mr. Wragg then proceeded to punch me in the face several times which broke my glasses, causing me to suffer a Subconjunctival Hemorrhage and laceration to my orbital area which required six stiches. (I have attached a photograph of the injuries that Mr. Wragg caused me by punching me in the face, hereto as EXHIBIT B). At some point while Mr. Wragg was punching me one of his fingers poked me in the left eye causing additional injuries and pain. The only thing I was able to do to defend myself once Mr. Wragg started punching me was put my arms in front of my face which absorbed some of Mr. Wragg’s punches. Mr. Wragg’s description of the incident is blatantly false and a complete downplay of his own aggressive and violent conduct. Never once did Mr. Wragg make any attempt to apologize for hitting me in the back of the head the night before. Mr. Wragg’s first words were in an aggressive “you’re going to accept what I say” tone. After being assaulted and embarrassed by Mr. Wragg the night before I knew that he was a ATTACHMENT 10 — JUSTIFICATION OR EXCUSE ~~ Ww WW 0 0 s d ON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 intent on harming me and when he grabbed my arm, I had no choice but to defend myself and try to shoe him away or risk being seriously injured. Emergency responders arrived and I was taken to the hospital for medical attention. I gave a statement to responding police officers, some of which was inaccurately reported. JULY 30,2017, INCIDENT (Anniversary Party) On July 30, 2017, I was attending an anniversary party for one of the maintenance people at our mobile home community. I was seated at a table conversing with friends when all of a sudden and without warning I felt something or someone hit me on the back of my head knocking my panama hat forward over my eyes. I looked around to see what or who it was feeling embarrassed and somewhat upset when I saw Mr. Wragg walking away toward another gentleman. One of the guests at my table said, “are you going to let him get away with that?” I then got up and walked over to Mr. Wragg to confront him about hitting me as he was standing laughing with another man. I was not able to contact Mr. Wragg because another guest named Tom Bachman stood in between us. I said some words to Mr. Wragg and returned to my seat. Mr. Wragg did not have my permission to hit me in the back of the head and 1 did not find it amusing that he did so Mr. Wragg and I are not friends and we do not have the type of relationship that would warrant him making any physical contact with the back of my head. Mr. Wragg’s characterization of the physical contact being an “acknowledgment” is a complete fabrication and a blatant attempt to cover up his real intentions which are to embarrass and bully me. | have filed three separate declarations (Declaration of Doris E. Staines, Declaration of Bruce Ballinger, and Declaration of Xenia Panos) herewith from guests who personally witnessed the incident on July 30, 2017, and can corroborate my description of same. FEBRUARY 9. 2016. INCIDENT (Lawn Bowling) On or about February 9, 2016, one year and a half ago, Mr. Wragg stole my name tag from the players board so that I could not play lawn bowling for the day. I saw Mr. Wragg remove my name tag and I walked up to him to get it back. I grabbed his hand to remove my property and then I placed it back onto the player’s board so that I could play for the day. Mr. Wragg was the aggressor. Mr. Wragg once again attempts to skew the facts to make himself seem like he is the victim when in fact, he is the person who started the incident and is responsible for same. Mr. Wragg states that he was just moving the name tags around to create ad ATTACHMENT 10- JUSTIFICATION OR EXCUSE S l HO N C T I 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 teams which is a flat out lie. Mr. Wragg was walking away with my name tag and had every intention to dispose of it in order to prevent me from playing in the game. As soon as Mr. Wragg let go of my property I released my grip and walked away. DECEMBER 31. 2015. INCIDENT (New Year’s Eve Party) On December 31, 2015, I was attending a New Year’s Eve party at the clubhouse in our mobile home park watching entertainers sing songs on stage when I saw Mr. Wragg and several of his friends walk in seemingly intoxicated, very loud, and disruptive. The show went on and I saw Mr. Wragg arguing with another man who had walked over and asked Mr. Wragg and his guests to keep It down. The man returned to his table and I saw Mr. Wragg follow him and start a verbal altercation. I walked over to stop the verbal altercation and I told Mr. Wragg to shut up and sit down two separate times. I then returned to my seat and sat down. Mr. Wragg’s characterization is a complete fabrication and blatant lie. He was visibly intoxicated, loud, obnoxious, and rude to all in attendance. I have filed three separate declarations (Declaration of Kenneth S. Helfrich, Declaration of Maurice K., and Declaration of Shawna Whiteside) herewith from guests who personally witnessed the incident on December 31, 2015, and can corroborate my description of same. I declare under penalty of perjury under the laws of the State of California that the foregoing declaration is true and correct. This declaration is executed on this 17th day of August 2017 at Irvine, California. Signature affixed to CH-120 MARTY DILLON, RESPONDENT 3m ATTACHMENT 10- JUSTIFICATION OR EXCUSE EXHIBIT A EXHIBIT B