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A0 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


, for the

Nonhern District of California

Ben , in pro per

Plaintifik)
V.

pa
<
>-
Judge James Towery.
The Superior Court of California, County of Santa
Clara,
and Does 1-30

Defendam(s)

SUMMONS IN A CIVIL ACTION

. , Superior Court of California, County of Santa Clara


T0. (Defendant 5 name and address) 1 91 North First Street

San Jose, CA 95113

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(Z) or (3) —— you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: F ..

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
SUSAN Y. SOONCNC
CLERK (5316511323- "W052

Date:
Signature afClerk 0r Deputy Clerk
A0 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE _
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
t (
This summons for (name ofindividual and title, ifany) fligdge/MMW gu i’“: or Cour ’if O‘C (Ill \L" i ‘M
‘ ,
was received by me on (date) . Com” at $06M (lam

D I personally served the summons on the individual at (place)


on (date) ; or

U I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

D I served the summons on (name afindividual) , who is


designated by law to accept service of process on behalf of (name oforganization)
on (date) ; or

{II I returned the summons unexecuted because ; or

D Other (specify):

My fees are $ for travel and $ for'services, for a total of $ 0.00

I declare under penalty of perjury that this information is true.

Date:
Server's signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:


A0 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Northern District of California

Ben

Plainlims)
V.
)
Judge James Towery,
The Superior Court of California, County of Santa
)
Cl ara, ))
and Does 1-30
)
Defendantfit) )

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) igggfiokfiinFeifsig‘i‘i‘Zg


San Jose, CA 95113

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: ‘2 _.

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

3% *- n A} pxijf‘gf
white 5: t; wit? CLERK OF UR'I;
f}

Date: (”NINA G EEBMSMBEZ


ignat'ur uty Clerk
A0 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (1))

This summons for (name ofindividual and title, Ifany) Judge James Towery
was received by me on (date)

D I personally served the summons on the individual at (place)


on (date) ; or

D I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

C] I served the summons on (name ofindividual) , who is


, designated by law to accept service of process on behalf of (name aforganization)
on (date) ; 01'

[:1 I returned the summons unexecuted because ; or

D Other (specify):

My fees are 33 for travel and $ for services, for a total of $ o_oo

I declare under penalty of perjury that this information is true.

Date:
Server's signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:


85/28/2618 19: 65 818-:'°';E-3347 FEDEX OFFICE 3732 PAGE 81
SS-CAND 44 (Rev. 06/17)
CIVIL COVER SHEET
Th?- JS-CAND44
r“deivil cover sheet and :11: information contained herein neither replace nor Suppl:
cxccpt as pmvidedbx Iacatrules ofccurr. This form, approvedIn its original {ban by the Judicial
Court to initiate the civil docket sheet (SEE MTRUCI‘IONS 0N NW PAGE OF THIS FORM)

I. (a) PLAINTIFFS Jug


Ben and the Superior Court of California, County of Santa Clara
(b) County ofResidence of First Listed Plainh' Les An I Cu f
(exceprmus PLAINTIFFCASES) ff 8‘ ”CM" (1”???o“finis‘dfifimgfim
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V. ORIGIN {Place an "X" in 011: Box Only)


81 Oriainal ’2 Removed from i '3 Remmied 80m ‘d Reinstated or s Imsfmd Emu 6 Mulddimic: s Multidimicl
Preceding State Court Appeliale Com Reopened Another District (spay?) Litigation—Tmnafer Litigation—Dimot File

V]; CAUSE OF Ctte the U.S.Civi1 Statute under which you are filing (qa «a: dz:jnmdiclxynulsmt 1mm: diuum]:
CHO 42 US Goda- § 1983.CM! action totdépxivatiou ofxights ~-'. '. _' ; .
A N
Briefdesenntion nfcause:
depfivatiotl ofduepgocess-Idie :6 Conflict of‘:nter'estand misconduct ' _ . ,‘
V11. REQUESTED IN . ~ CHECK IF nus IS A CLASS ACIION DEMAND 3 CHECK YES only ifdemandcd in comment:
COWLAINT: UNDER RULE 23, Fed. .R. Civ. P. JURY DEMAND: x Yes No
VH1- RELATED CASES): JUDGE DOCKET NUMBER < ‘ I
IF ANY (5:: inslmcixbns): . V

IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3~2)


(Place an “X” in One Box Only) SAN FRANCISCO/OAKULND 1" SAN JOSE EUREKA-MCKWLEYVHALE
H m k. .

DATE 05/25/2019 SIGNATURE OFAITORNEYOFRECORD . .- .


git;
FAX
A0 85 (Rev. 02/17) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge;

UNITED STATES DISTRICT COURT @Fflfifigfif hie


for the ‘4 Fm)
No‘rthem District of California E ' JUN 913:0”

Ben
Pmmfl ) Clerk.”mas" g’;S°°”
) Northern gIairIci§i°Catffgiiua
' v. _ ) Civil Action No.
Judge James Towery and Supenor Court of CA , Santa )
Defendant F1 : I )
NC
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE

Notice of a magistrate judge’s availability. A United States magistrate judge of this coutt is available to conduct
all proceedings in this civil action (including ajury or nonjury trial) and to order the entry of a final judgment. The judgment
may then be appealed directly to the United States court of appeals like any otherJudgment of this court. A magistrate judge
may exercise this authority only if all parties voluntarily consent

You may consent to have your case referred to a magistratejudge, or you may withhold your consent without adverse
substantive consequences The name of any party withholding consent will not be revealed to any judge who may otherwise
be involved with your case

Consent to a magistrate judge ’s authority. The following patties consent to have a United States magistrate judge
conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.

Printed names ofparties and attorneys Signatures ofparties or attorneys ‘ Dates


Ben Zimmerman, in pro per 1‘ l
C , 'L? ' l i
\ y
0

Reference Order

IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and
order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.

Date:
District Judge ’5 signature

Printed name and title

Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States
magistrate judge. Do not return this form to a judge.
QRHGENAL.
p—d

F1 L E D
\DVOONIQUIAUJN

UNITED STATES DISTRICT COURT -'1 W i 9 2013


usYen.Scon
NORTHERN DISTRICT OF CALIFORNIANfIilaigihi-éis'tillcigicéagi‘ligrnta
ndose

BE T“ n ”N‘
Case No. 5:18-c-V~03915~NC
Plaintiff,

V. ORDER SETTING INITIAL CASE


EgERIOR COURT COUNTY OF SANTA MANAGEMENT
AND CONFERENCE
ADR DEADLINES
Defendant.
memmwomE‘oSS‘xGISSES

IT IS HEREBY ORDERED that this action is assigned to the Honorable Nathanael M.


Northern District of California
United States District Court

Cousins . When serving the complaint or notice of removal, the plaintiff or removing defendant
must serve on all other parties a copy of this order, the Notice of Assignment of Case to a United
States Magistrate Judge for Trial, and all other documents specified in Civil Local Rule 4—2.

Plaintiffs or removing parties must file a consent or declination to proceed before a magistrate
judge within 14 days of the filing of the complaint or the temoval. All other parties must file a
consent or declination within 14 days of appearing in the case. All parties who have made an

appearance must file a consent or declination within 7Ldays of the filing of a dispositive motion or
NNNNNNNNMI—A

the case will be reassigned to a district court judge. Counsel must comply With the case schedule
listed below unless the Court otherwise orders.

IT IS FURTHER ORDERED that this action is assigned to the Alternative Dispute

Resolution (ADR) Multi—Option Program governed by ADR Local Rule 3. Counsel and clients
shall familiarize themselves with that rule and with the material entitled “Dispute Resolution
Procedures in the Northern District of California” on the Court ADR Internet site at

http://\Aww.cand.uscourts.gov/adr. A limited number of printed copies are available from the


mqa

Clerk’s Office for parties in cases not subject to the court’s Electronic Case Filing program (ECF).
IT IS FURTHER ORDERED that plaintiff or removing defendant serve upon all parties
the brochure entitled “Consenting To A Magistrate Judge’s Jurisdiction In The Northern District

Of California", additional copies of Which can be downloaded from the court’s Internet website:
\IO‘xUI-ksUJN

http://Www.cand.uscourtsgov.

CASE SCHEDULE — ADR MULTI—OPTION PROGRAM

Date Event Governing Rule

6/29/2018 Complaint Filed

9/12/2018 *Last day to: - FRCiVP 26m &


0 meet and confer re: initial disclosures, early ADR L.R.3-5
settlement, ADR process selection, and discovery
plan
10
11 - file ADR Certification signed by Parties and Civil LR. 16-8ng
Counsel (form available at & ADR LR. 3—5ng
12 httDI/lwweanduscoxuts.gov)
Northern District of California
United States District Court

13 59/26/2013 **Last day to file Rule 26(f) Report, complete FRCivP 26§a1 g l 1
initial disclosures or state objection in Rule 26(1) Civil LR. 16—9
14 Report and file Case Management Statement per
Standing Order re Contents of Joint Case
15
Management Statement
16 (also available at http://www.cand.uscourts.eov)
17 10/3/2018 INITIAL CASE MANAGEMENT Civil LR . 16-10
18 CONFERENCE (CMC) at 10:00 AM in:
4th Floor, Courtroom 5
19 Robert F. Peckham Federal Building
20. 280 South lst Street
San Jose, CA 95113
21
22 * If the Initial Case Management Conference is continued, unless otherwise ordered this deadline is continued to 21
days in advance of the Initial Case Management Conference.
23
** If the Initial Case Management Conference is continued, unless otherwise ordered this deadline is continued to 7
24 days in advance ofthe Initial Case Management Conference.

25
26

27
28
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Plaintiff

United States District Couxt


Northern District of California
San Jose Division

10

11

12 Ber _‘ ' )n

13
@925
) CaseNo
14
Vs. )
15 ) COMPLAINT
Judge James Towery, ) &
16
Superior Court of California, County of Santa Clara, ) DEMAND FOR
17 ) JURY TRIAL
)
18 The Superior Court of California, County of Santa Clara, and )

19 )
Does 1—30 )
2O )
Defendants, )
21
)
22

23

24 l. J urisdiction. This C ourt has jurisdiction over my complaint because it arises


under 28 U.S. Code § 1443 and the 14th Amendment of the US Constitution.
25

26

27

28
2. Venue. Venue is appropriate in this couxt because both defendants conduct
business in this district, and a substantial part of the events or omissions which give rise
to this lawsuit occurred in this district.
4:.

3. Intradistrict Assignment. This lawsuit should be assigned to the San Jose


U!

Division of this Court because a substantial part of the events or omissions Which gave
0V

rise to this lawsuit occured in Santa Clara County.

4. Parties. Judge James Towery is a judge with the Superior Court of Califomia,
Santa Clara County. He presides over my dissolution ofman‘iage case in the Family Law
Division. The Superior Court ofCalifornia, Santa Clara County currently has jurisdiction
10
over all matters pertaining to my dissolution, including custody, visitation, and child
11
support.
12
13
14 Statement of Facts

15
1. I told my attomey, Joshua Bentley, that my [now] exawife had made filings for a
16
divorce after an incident in which she falsely imprisoned me, and then called the police.
17 Mr. Bentley first asked me what Department my divorce case was in.
18
19 Mr. Bentley then told me [in person] to text him for a referral to a family law attorney. 1
had to contact him several times over the next week and half to get that referral.
20
21 When he finall got back to me, he refeITed me to Ms. Amini, who Ithen hired.
22
23 7 Ms. Amini told me that she could not represent me if 1 did not hire a therapist to

24 prepare me for my divorce. She then referred me to Valerie Houghton.

25
25
27
28
1 was emailed instructions to pay Ms. Houghton only in cash and not to tell anyone
(exhibit A). Furthermore, Ms. Houghton stated several times to me that the judge
[Honorable James E. Towery] would be angry should 1 fire either her or Ms. Amini.

I asked Ms. Amini several times about needs for secrecy and cash payments. She never
gave me an answer that made any sense.

3. After paying about $30,000 between the two of them in a span of two months, 1
fired both of them.

10 The next hearing Judge Towery vacated all of my hearings without my consent (exhibit
B). These hearings included ones pertaining to custodyyvisitation and domestic violence,
11
but he extended the temporary restraining order that pertained to the allegation of
12
domestic violence.
13

14 4. Judge Tower)I also consistently ruled against me and violated many Rules of

15 Court to my detriment throughout the remaining proceedings.

16
One example is when the Petitioner’s attorney failed to file a response to one of my
17
motions. The Court insisted on continuing the hearing. For the subsequent hearing the
18 Petitioner was unrepresented, and still failed to file a response.
19

20 1 stated this to the Court. Judge Towery immediately responded that the “Petitioner did
not agree.” He then tumed to the Petitioner and asked if this was correct.
21

22
5. Another example of misconduct was when 1 was served with a Contempt of Court
23 motion. The time of the stamp reflected a time that was before the Clerk’s office in the

24 courthouse was open for business and before the doors to the courtroom were opened.
There was no way the Petitioner’s attorney could have had the order signed by Judge
25
Towery without ex-parte contact.
26

27

28
6. After the end of my divorce 1 carefully examined Ms. Houghton's website. She
listed the Honorable Towery as a former employer and as a reference (exhibit C and D).

7. I worked as a pediatric feeding therapist. After not seeing my Children for two
years, 1 could no longer be around children because of the intense emotional pain that
being around elicited. I became homeless, only able to secure a job in a warehouse due to
said pain. After 3 months of being homeless and living in my car, I filed a motion to
lower my child support obligation with the Superior Couit of California, Santa C lara
County.

10
The Court ruled that my support obligation should be higher than what it was before I
11
filed the motion.
12

13 For several months 1 only had an average of $500 each month to use for all of my

14 expenses.

15
One month 1 had $340 to use for living expenses (exhibit E). 1 had lost all of my State
16
Benefits because the determination of State Benefits is calculated before child suppmt is
17 paid. I had to resort to using food pantries to eat enough, even though I was working full-
18 time.

19

20
8. It has been almost four years since 1 have last had contact With my children. There
21
is nothing in the record that would indicate that it should be so.
22

23 9. The police report [that I subpoenaedlwhich is the basis for no contact (exhibit F)

24 with my children has been removed (exhibit G) from the record against my objection to
Ms. Zamora, Judge Towery’s clerk. I stated that the police report had been referred to in
25
many of my pleadings.
26

27

28
Two weeks after stating my objection, Ms. Zamora was no longer his clerk. His new
clerk, Carla. stated on the phone that Ms. Zamora had been “promoted” His new clerk

insisted on removing the police repett because “anyone could see it.”
mammar-

10. The only evidence to support the restraining order was a photo of a small bruise
on the back of the Petitioner’s arm (exhibit H). There was no injury visible in photos
from the police report of the incident that the Petitioner claims the bruise occured.

l 1. Mr. Bentley represented me for the aforementioned incident. I asked Mr. Bentley
several times to send me the police repofi over the course of my dissolution. These

10 requests went i gnored.

11
When my divorce came to an end, Mr. Bentley sent me a disk that had police evidence,
12
but it did not contain the written repmt, my statement to the police, or the Petitioner's
13 statement to the police.
14
15 12. Last summer the Petitioner was granted a hearing to renew the order that
prevented contact with my children for an additional five years. The reasons for
16
justification were that 1 was homeless and that I testified to the Court about how not
17
seeing my children has affected me (exhibit 1).
18
19 13. After the hearing to renew the restraining order was granted, I informed Judge

20 9 Towery of an intent to complain. The next day the record was uploaded into digital
format. Many of my pleadings [1/3 of the record] are now missing (exhibit J).
21
22
13. Ms. Houghton's website has also been removed from the internet
23 [www.valeriehouahton.com].
24
25 14. I have asked Judge Towery several times to recuse himself. He refused to do so.

26
27
28
k1

15. 1 then requested that the Presiding Judge of Santa Clara County transfer my case
- to another Judge that did not have any conflicts ot’interest in my case.

The Assistant Presiding Judge wrote me a letter after reviewing the record and my
eomplaints/ provided documentation, citing that “[she] does not find that a conflict of
interest exists” and that “the essence of [my] concerns is’that [1] am not satisfied with
Judge Towery’s rulings.” Furthermore, Judge Ryan stated that “no further action will be
taken in this matter.” (exhibit K)

16. Under the 2018 California Rules ofCourt (Rule 10.603) it is stated that the

10 Presiding Judge is responsible for all tasks, even when tasks are delegated.

11
I requested that the Presiding Judge review the letter written by the assistant Presiding
12
Judge. The Honorable Lucas refuses to review the decision to deny my request to transfer
13 my case.
14
15 17. 1 also requested that the Chief Justice of Califomia, who is the direct supervisor of
Judge Lucas, to compel Judge Lucas to review the denial to transfer my case, review the
16
letter herself, or act on Judge Towery’s misconduct. In response, the Chieflustice has
17
referred to the letter written by the Assistant Presiding Judge, citing that Judge Towery
18 has not “committed ethical misconduct” and that Judge Towery has “not retaliated
I9 against [me]” (exhibit L).

20
18. 1 was mislead with legal advice that was incorrect (exhibit M).
21
22
Because the Chieflustice refused any of my requests, I questioned Mr. Conneely, who is
23 the Spokesperson for the Chieflustice of California, about filing these requests in Federal
24 Court. Mr. C onneely stated that Federal Court was for cases that involve “maritime laws”

2s and those that involve “treaties” of “US. Ambassadors” and “Public Ministers.”

26
27
28
65/27/2618 26: 63 818--f””'f3347 FEDEX DFF ICE 5"”"62 PAGE 62

\DWQCNM-h-UJNI—a

19. I notified the ChiefJustice, the Presiding Judge, and the Honorable Tewery thatl
x‘efiIse to appear at any hean’ng that Judge Tewery presides over because of his conflict of
interest.

20. The Honorable Toweiy has since ordered that I not have contact with any of my
four children for an additional 5 years.

21. There is a pending complaint against him regarding this matter filed with the
Commission on Judicial Perfonnance (CJP). It takes an average oftwo years for the C1]?
to act on any complaint, withstanding a decision to do so.
ew§fis

22. It would take between 12—18 months for any appeal in the 6th District Court of
Appeal.
Hi—A

23. I have already not had contact With any of my four children for 4 years. My
youngest was 2.5 the last time I saw him. He likely does not remember me. My eldest son ,
writes on Reddit about being a drug addict. My children need the sooner than the time

16 frame of an appeal or poSsible disdplinary measure from the CIP.

17

18

19

20

21

22

23
Claims
‘ 24

25‘ 42 US. Code § 1983 - Civil action for deprivation ofrights


26

27
28
66/27/2618 26: 63 818—70'7-3347 FEDEX OFFICE (”.2 PAGE 63

Every mgr; who, under color of any statute, ordinance, regulgtion, custbm, or usage,
43mm

of any State orpTerti’cory or the Districti of Columbia, subjects, 61‘ causas to be subjected,
any citizen of the United States or other m within the jurisdictipn thereofto the
deprivation of any rights, privileges, or immunities secured by the Constitution and laws,
shall be liable to the party injured in an action at law, suit in equity, or other proper
proceeding for redress, except that in any action brought against a judicial offiCer for an
act or omission taken in such'officer’s judicial capacity, injunctive reliefshall not be
granted unless a declaratory decree was violated or declaratory reliefwas unavailable.
For the purposes of this section, any Act of Congress applicable exclusively to the
District of Columbia shall be considered to be a statute of the District of Columbia.
10

11 (RS. § 1979; Pub. L. 96—170 {3 1, Dec. 29, 1979, 93 Stat. 1284; Pub. L. 104—317.

12 title 111, § 309(c), Oct. 19, 1996, 110 Stat. 3853.)

13

14

15 I believe that the Honorable Towery has extorted me together with Ms. Amini, Mr.
. 16 Bentley and Ms. Houghton. When I refused to continue payihg Ms. Amini or Ms.

I7 Houghton, the Honorable Towery and the Superior Court of Califomia, County of Santa
Clara discriminated against me by depriving me of due process, of my children, and of
18
the ability to meet my basic needs.
19

20

21 Request for Relief

22:
Since no supervisory member of the Superior Court of Califomia, County of Santa Clara
23
or the Supreme Court of California will rectify this matter in order to assure my right to
24 Due Process without discrimin ation, I humblyrequest that 1112 Federal Caurt of the
25 Northern District of California, as well as a Jury of my peers, transfer any remaining

26 proceedings pertaining to case 614’FL‘012246 to the Federal Court, compel the

27

28
66/27/2618 26:63 ' 818-1FM-—3347 FEDEX OFFICE :"”""62 PAGE 64

Honorable Towery to recuse himself, or compel the Honorable Lubas to review the
[\J

record and my complaints.


La»)
h
U}

Demand for Jury Trial


Q

I humbly request that the Court grant me a ties] that is decided by a jury ofmy peers.
\I
'0‘)
W

10
11
12
13
14

15 A I Date

17

13 ‘

19

20

21

22

23

24

25
26

'27
28
y 9
Exhibit A
>3»? (2357 u‘nr‘eald) jaitnéi A
e ‘o' o: g .552};
masmashgg
https://mai|.yahoo.com/#mail
Egg imported From Safari] n Yahooh © CBS ® n YS m I
Fw: Invoice #671 from Counse|ors & Consultants. Inc. uliifltli
‘Ben4 ’ 2 I A A
This invoice from Valerie needs to be paid but i don‘t want you to write a check to her that could be discovered by the mher
side. Valerie needs to be kept confidential. Can you provide her with a cash or cashier's check the next time you see her?
Let me know.
Thanks.
Regards.
Leah Moslehi Amini
CONFIDENTIALITY NOTE:
This e-mail constitutes an electronic communication wiihin the meaning of the Electronic Communications Privacy Act, 18
USC
2510. Disclosure is strictly limited to the recipient intended by the sender of this message. This communication may
contain
confidential and privileged material for the sole use of the intended recipient and receipt by anyone other than the intended
recipient does not constitute a loss of the confidential or priviieged nature of the communication. Any review
or distribution by
others is strictly prohibited. if you are not the intended recipient please contact the sender by return electronic mail and delete
all copies of this communication. Thank you for your cooperation.
——-- Forwarded Message --—
From: Valerie Houghton <notifications@harvestapp.com>
To: Leah Moslehi <leahmosiehi©yahoo.com>
Sent: Monday. April 28. 2014 7:26 AM
@ ”its ‘ 5!? +4 13:47 3&1 ‘v i”:
Exhibit B
(— ~;:> 30" 0 *; a Secure https//cmportal.scscourt.org/Portai/Home/WorkspaceViode7p=0 . *1 (a E?! k 0 5_
t
0mg? gig ImportedFromSafari flYahoo!.CBS® [IYS m @213 _|E E I m BEEE '9
_p it @‘fi‘ Q9 © E19 » egg Otherbookmarks
W Santa Clara Superior Court — Case Information Portal
Register’ 3‘9“ 'n 5" ‘
06/24/2014 Substitution: Attorney v
Judicial Oi CO‘ ‘ glib
Towery, James W/pos Legacy Name: FL Substitution of Attorney
\N Decision—
— M Closed: 06/24/2014
m5 c 07/11/2014 Questionnaire: Case Status/Resoiution Conference v
Judicial Officer Comment
Towery. James E Legacy Name = FL Status or Case Res Conf
Questionnaire Decision = M Closed 2 07/11/2014
::::::::4 Conference:8tatus»— J (A 0036 TO WL'Q/ (:1
Conference: Status
Jutliciai O i
Towery. James E VGA 000%; A“ Aemwfi
Hearing Time
1:30 PM
Result
pea
@ J_ff' j ,_ 0 a @ +2 11:18 to v I
Exhibit C
C‘ 0 (D valeriehoughton.com/vaieriehoughton.com/Curricuium_Vitae.htm|
lmportedFromSa/ari m Yahoo! © CBS ® m YS m ‘
University’s School of Law and The Universitv of California at Davis' School of Law
at the Disabilitv Rights Education and Defense Fund (DREDF). Berkeley
* Assessed initial intakes and interfaced with community
* Investigated complex litigation issues
* Wrote press releases and coordinated their follow—up
* Produced news conference attended by "60 Minutes" (thus appeared)
* Researched issues, wrote complaints and legal briefs
* Formulated strategy for complex class action litigation
1986—1987 Investigative Researcher: Presidential Grant Joint Award
The School of Law and the De artment of P5 cholo Santa Clara Univet‘sit
* Designed and conducted interdisciplinary investigational study emancipation of
minors in Santa Clara, Contra Costa and Alameda Counties
* Designed and implemented the study’s protocols
1987 Summer Law Clerk
James E. Towerv. Esq. at The Law Offices of Morgan and Towerv. San Jose. CA
*Analyzed medical records and legal files for purposes of medicai/legal litigation for
plaintiff and defendant
* Investigated a variety of medical and psychiatric malpractice claims
* Recommended appropriate experts and legal strategy
* Conducted client and witness interviews
* Performed legal research and writing
1982-1983 Assistant Patient Care Coordinator Hosnice of’the Valley. San Jose
+4 16:50 it? v I
Exhibit D
D Valerie R-HQl-‘Sh
6 C‘ O G) valeriehoughton.com/valeriehoughton.com/Curriculum_Vitaethtmi

a Imported From Safari 63! Yahoo! B 5 ® m @EE Eflflflfiflvfififi » m Otherbookmarks
* Advanced Mediation Training by Steve Rosenberg, Two-Day Training, Mill
Valley, California on April 3 — 4, 2009
GENERAL REFERENC S
Mr. Sidney Wolinsky, Esq. (510) 273-8644
Director of Litigation
Disability Rights Advocates
1999 Harrison Street, Suite 2020
Oakland, California
Professor Carol Sanger, Esq. (415) 723-1994
Institute for Research on Women and Gender
Columbia School of Law
New York, New York
Mr. James E. Towery, Esq. (408) 287—9501
Shareholder Senior Partner
Huge, Fenton, Jones and Appel
60 South Market Street, Suite 1400
San Jose, California
Dr. Eleanor Willemsen, Ph.D. (408) 554-4494
Chairperson of the Department of Psychology
v :5 54333 14:37 0-6 m
Exhibit
Earning; Statement

Page 001 of 001


Period Beg/End: 01/14/2018 - 01/27/2018

Advice Number: 0000628365


— Batch Number: 201801301610

Taxable Marital Status: S


Exemptions/Allowances: BEN
Federal 02
State: 02 I

Other Benefits and


Earnings Rate Hours This Period Year-to—Date Information This Period Year~tzo-Dat:e

Worked Hours Ex ense Reindaursement-Excludedfrom Taxable


Regular 12.0000 71.68 860.16 2555.15
01‘ 1.5 301 .14
Employer Paid Ded
110:1 -Working Hours
Holiday 192 .00 * PTO Balance
PTO 0 . 00
, SICK 35 .23
Statutory Deductions
FIT 25.15 153.36 Direct: Deposit Summary
Soc Sec 44 .21 161 . 63 Trans Type Account: Nbr Amount:
Medicare 10.34 37.80 Deposit Che XXXXXXQIBS 162.20
CA WK 9 .75
CA 501 7.13 26.07 Message
other Deductions
mental 24.55 73.65
*Healch 122.00 366.00
'vision .58 1.74
CSupport 464 .00 1504 .30
Fees 3 . 00

* Excluded from federal taxable wages

Your federal taxable wages this period are


713.03

am; Autmuenn- muummm,

Advice Number: 0000528355

— Date: 02/02/201 8

Deposited to the account of rit Number Transit ABA Amount


162.20
[1

Earning,“ Statement

Page 001 of 001


Period Beg/End: 01/23/2013 - 02/10/2018
Advice Date: 02/16/2010
Advice Number: 0000629540
Batch Number: .

Taxable Marital Status: S


Exemptions/Allowances: BEN
Federal 02
State: 02 I

Other Benefits and


Earnings Rate Hours This Period Year~to~nate Information This Period Year—to—Da’ce

Worked Hours E enae Reimbursement—Excludedfrom Taxable


Regular 12.0000 74.77 597.24 3452.40
GT 1.5 301 .14
Employer Paid Ded
Non — Worki ng Hours
Holiday 192 . 00 PTO Balance
PTO 0.00
SICK 37 . 73
Statutory Deductions
FIT 28.56 182.22 Direct Deposit Summary
soc sec 45.51 208.14 Trans Type Account: Nb: Amount
Medicare 10.88 48.56 Deposit Che xxxxqulss 174.25
CA HR 0.75
C». SDI 7.50 33.57 Message
Other Deductions
*Dental 24 .55 953.20
*Health 122.00 430.00
*Vision .58 2.32
CSupport ‘ 482.10 1986.40
Fees 3 . 00

* Excluded from federal taxable wages

Your federal taxable wages this period are


750 .11

fluunmmuemu mu-numva)

Advice Number: 0000629540

1 @1539 Date: 02/16/2018

Deposited to the account of Transit ABA Amount


BEN
Exhibit F
stipulate, .
ReStra‘nl ng Order Afler Hearing CFalkMamps duh Mm 000nlmmbmaf1
(Ord er of- Protection;
«
6) Name of Protected Parson: F \ LE D 008

A
W
Your lawyer in this case (:fyou have one).-
‘ N‘mnc- IQSCY A. SZQ§§k£__ ~ Stat: Bur No.2 258096
F*Wn NMICI .Lvovich, Volchgggsky & Szucsko, 1’.wa —/
Addrcss (Ifyou have a Iawyerfor (his Case, gave your lawyer's
i’firmm‘t’orv. ”you do not have a lawyer and want lo keep your home
address prfvarn. give a dyfi-rem ma (ling address insmad. You do Ital haw: F,” ,H mm mm", and 37,09, addnm:
[a give your felnphone, flu; or ewmiL); Supnrlor Court of Callfomin, Camity of
Address: 2'50 Califomia St. Ste. 1001 Santa Clara ‘
CRY: San Francisco State: CA Zip.- 94:11 :3: W- E’ CW0 R581: SUMYVMC-
'l‘elc hone: g 2 - “:7” F‘
0min AddrciEs teigzéfli gfi$ u “K ”406°
“LL" WI San Jose, CA 95113
— J go Loom I-‘amily C0011
(9 Name Of Restrained Person: Clark run In cam number whm loan is fired
Case Numbnr:

Dcscnphon of restramcd person: 1 ‘J

Sex: M C] F Hcighr. 5‘7" Weight: 140 Hair Color: Brown EyeColorrBrowr}


Raccz— Age: L Data of Birth: !
Addwss fiflmowrvr _ '
cm: — State: CA ‘20::
02 protected person: Hmband and Father
Relationship

12} Additional Protected Persons


orders as indicated in items @
11) addifidn to the person named in®, the following persons are promoted by
and (D ([0211in or household members): Sex Age
Full name Relationship to person in@
Son M . 13
Son M i 12
Daughter F 9
. nx. Lis! (hem on an attached sheer ofpapcr and write,
Check here fflheate ar c additionalpraiecredpcrsa
:2: a nrle.
"DVJSO, Additional Protected Persons,"

@ Expiration Date
on
The 0rders, except as 00th below, and midnight
D 81!]. D pm of E
2017 at (time): M
I (Jule): Sagiembfi' 16,
s r the dare cfrhe hearing in item@ (a)_ i
'- .y’no date is wn'llen, the restraining ardcr and: three year afle on date .
ight on 'thc expirati
- Ifno time is wriiten, the restraining order end: at midn ing om!”
r: remain in efl'ec! afier the restrain
N012; Custody visiralian, childsuppart, arm' spousal support orde n {he childi; [a
on, and chil d supp ort orde r: usua lly end whe
ends. Cmmafia, visitati
aflnchmzntpnge; 5f“)?—
The cour! orders are onpage: 2, 3, 4, am! 5 (1an
This brdar complies with VAWA and 8113000 chromed 000090010 019 Untied States. See 93903.
This. Is a Court Ordeg.
amwumm.mmsw Restraining Order After Hearing (CLET$~OAH) 0V-130. Page 1 :55
Wm p, I. am. mam rm . .
5.13,“. ,mgmwmw (Order of Protection) .9
(Domestic Violen’ce Prevention) '
' 123.324.5119 mmmicarymm .hdlcia/Catha-m;
~r~‘. : .

~ 2
. O
, [cm u.;.;r.z;;2*““~”““ ‘
— ‘ i
:
(9 Hearings 7” ‘*“"‘"' "'W ' ““2”“w

0. .Thu
‘ naming was 00 (date). ”‘9/17/20 I 4 with (namc afjurflcia! ' ' ’‘
0. (£10: people w'crc‘nl (he hcm'ing (0ha0k51‘7thn! apply).- 01/7954 flgfiifigfighflflcfl 1"
IX} Till: 1:31:30 1m (3 [X] :17": luwynr far lhcpcmon 5n {mma}: jfgygf A. Szucnko
u The l I J u " <_ 5‘! HM; iliwycr [0r (ht; pcmun in 3 (name): [Lohcrij 8117001111;
. PCOP c Inf!) and C2) mum return (0 Dept". of the com} 011.24%}; ‘‘‘‘‘~
01 (rinmJ : v C] mm. [3 pm. ‘-to review (specdfyixaues):

year, pay a "no of up to $1,000, or both.


® ['50 Personal Conduct Orders
0. The person in (2) 111051001: do the following things to the prmectcd peoplo in CD and@:
Hm‘ass, atll10k, strike, tluualcn, asmrlt (sexually or orlrcrwrlve). hit, follow, smik, muicst, dwtroy pcrsonul
pmpcrly. dlstur‘o the peace, kccp undur suwciflnnw, impcrsonalc (on the Imam“. electronically or
arhanw’sa), or block movemnnts.
mail,
EB Contact, either directly or indivecliy, by any means, Including, but not limited to, by (clcphonc,
e—mail, or other elcclronic mcans.
promutcd persons.
8] Take any action, dirccdy or thxough others, to obtain the addresscs 0r Iocations of any
(0 make this order.)
(Iflhls item is not checked. [he court hasfound good cause no!
for service of lcgal papers
0. Pcacefuf written contact through a lawyer or process server or another person
rclutcd 10 a court case is onowcd and does not violate this order.
contact with children in @, as
6- [XI Exceptions: Bricfand peaceful contact wflh (be pcxson in CD, and peaceful
cn, is anwcd unless a criminal protective order says
rcquircd [or court-ordcrcd visitation ofchiidr
otherwise.
>
E] Stay-Away Order
150 yards away from (check alt that apply):
a. The person in C2) must stay a; [cast (:pacw):
[2] The pewson in® ‘ D Schaol ofpcrson in@
[3}] The persons in@ Tim child(rcn)’s school or child care
53 Heme ofpcx'son in@ CI Othcr (specw):
[:3 The job or workplace of penson in©
VchicIc ofpcmon in®
contact wit h the person in@. and pmccfill contact with childmn in@,
b. [21 Exceptions: Bn‘cfaud peaceful
children. is allowed unless a criminal protective order says
as rcquired fm- court-ordcred visitation of
oiherwiso. _
@ {2] Move-Out Order ):.
ly from ( address
The person in ® musl‘move out immediate
1
or Ammunition
@ No Guns or Other Firearms other way
. buy or “y to buy, racciw: or by to receive, or in any
a The person in @cmmor own, possess, havu
nition
get guns, other firearms, or ammu
This is 2.60m Order.
Restraintng Order After Hearing (CLETS—OAH) DV-130. Page 2015
Wm 1.10"
(Order of Protection) ~3-
[Domestic Wolance Plevention)
LunNu-um Amoumnd California Jamal Cmmcli anu
I
Case Number;
— I
3
® b- T56 Pfii’son in C2) must:

' a 110811500
' Sc] I ‘0. 0r 5'0“" With, gun dealer, or turn '01 to a law enforcement agency, any guns or other
within 24 hours of being served with
$2.2:mm his 0‘ h“ immediate possession 0r conlmL Do so
l'.
' Wxtlun 48 hours of receiving this order, file with 010 court a receipt that proves guns have bccn 111:an in.
usedfor the reclebl.)
501?, 0" stored. W Proofof Firearms Turned 111, Sold, or Storcd, may be
Brmg a court filed copy to the hearing.
0- C] The court has mceivcd information that the 091500 in® owns or possesses a fimanu.
cxcmption under
d. D The court has made the necessary findings and apptics the firearm rclinquishmcm
quuirad to relinquish this
Family Code section 638900. Under Cafifomia law, the person in ® is not
firearm (specgfil make, model. emf serial number offirearm): .
her physical possession only during scheduled work hours and during
The firearm must be in his or
law, the pcrsou’ in
travel to and from his or her place of employment. .5ch ifexcmpt under California
may be subject to federal prosecution for possessing or convening a firearm.

.0 The
Record Unlawful Communications
pclson in G) has the right :0 record éommwtications made
by the person in C2) thetv'mlatc the judge’s‘orders.

@0 Care of Anima‘s
The person in CD is given the. sol: possscssim, care, and control oftbc animals listed below. 1116 parson
.
in®
attackfitrike,
not take, sell, transfer, encumber, conccal, moIcsi,
must stay at Icast‘ __ yards away from and
threaten, harm, or otherwisu dispose. of the following animaIs:

.@® Child Custody and Visitation


Child custody and visitation arc ordcrcd'on Lbs
attached Form DV—Mo, Child Custody and Visita
tion Order

or {specify other firm):


Child Support -
®C} 42, Child Support Inf omafion and OrderAtfachmenx
Child support is ordmd on the attached Form F03
or (specifi' otherfinrm):
Property Control _’_
ess the fotlowing propmy: ____
Only the person in@ can use, 000003, and poss

@537 1115 person in ® must make these payments until this order ends:
Debt Payment

For: Amount: 5 Duo date:


pay to--
For. Amount: 5 Due date;
Pay to:
For: Amount: S . . .___ ________
Due date:
Pay [0' '
(hem on an attached sheer ofpaper and write “DV‘BO,
D Check here ifmore paymznls are ordered. List
Dab! Paymans" a: a ride.
.0?) Property Restraint
ow against. sen, hide, or got rid of or destrby
The [XI pcmon 111(1) Ci] person in @ must not tmnsfer. borr
for uacassilics of life. 10 additiod, the
any propcnyl including animals. cxccpt in the USMC} course of bustucss or son in
nses and explain thcm IQIIIC court. (I‘hcper
pcrson mual notify the othnr ofuny now or big expe
e a‘Wo-ConMcI'br-dcr.)
comm! contact the pcrmn in C1) iflfm court has mad 's related
e.“ server or other person for service oflcgal Palm
Pcaccful wriuen contact through a lawyer or a plac
.
to a court case is aflowcd and does not viulutc this mdm
Till! ta 0 court Order.
WM‘. ma Restraining Order After Hearing (C LETS—OAH) DV-1Jo. Pagaacra
(Ordar of Protection) .9,
(Domesllc Violonco PmVontfon) A
tuitNua-elulawalrd Calllvmla Judicial Council Farm

rm.
w.
C&E‘Sfiu‘rfiih:
—.!
SPOUN‘I 5” Pp U '(t '5 0.Ademd On
fthe attachC ( F D fin F L — 3 4! » Spouxa 1 , F d! ‘ [(16 I. 0! Family
. JUPPO“ 0’ 00

E Insurance
3 0731:)personhm CD (2." the perso? in C2) is ordcmd NOT to cash, borrow ngnimt ounce}. transfer. diswsc
~ . c angc L c bcueficxanes of any msurance Dr coverage held for the benefit of the patties, or their child(ren),
tfany, for whom Support may be ordgrcd, or both.
C] Lawyer's Fees and Costs
The person in@ must pay the following Sawycr's fees and casts:
Pay to: For. Amount: 5 mm (WV .
Pay {0; For; Amount SMDUG dmc;:_-

D Payments for Costs and Services


The pawn in @ must pay the following:
Pay to: For. Amount' S Due date:
For: Amount: 5 _.... ”Due dntC’
Pay to;
Pay m: For. Amount: 5 M‘F:Dua datczfin
afpapdr and write "DV- 130,
13 Check hrra {f more payment: are. ordered List them on an attached shear
'
Paymcnls {or Costs md Services" as a n‘a'a
® D Batterer Intervention Program
program and show written proof of
The person in (2) must go to and pay f0 r a $2vwcck bnficrer intchcnh'on
probation dcpmtmont.
completion to m: court. This program must bc appmvcd by the
D Other Orders
Other orders ¢Crpec059:
n
No Fee to Serve (Notify) Restrained Perso
l serves this order, he or she will do it for Erec.
Iftha sheriff or marsha

Service
in wn‘tgng to this order No other proof of scmce is
8. Thc 9:01:11: in ® and C2) were at the hearing or agreed
needed. .
b. C] The person in CD was at the hearing. The pexson in C2) mas not.
DV-110(if issucd) was prescnted m the court. The
(1) {:1 Proof of Service of Form mm 09 and Form in
judge's orders in this form are the same as in Form DV—lla except for the and dart: The pclsoa
by mail.
@ must be served This order can b: served
The
DV—l ID (if issucd) was prcscmcd to the com.
(2) D Proof ofsewicc ofI-‘onn DV-109 and Form DV~11 0 was not
orders in Form DV-H O, or Form
judge‘s orders in this form are d chrcnt fi'om the s decf
mfly "serve" (deliver) a copy ofthi
issued Someoae—not a person in@ or@-—mnst pcmo
tome person" 2 .

Criminal Protective Order


—Damcsrr'c Viaz'ence, is in efi’cot
at 1:) Form CR‘160, Criminal Protective Order Expiration Date:
Case Number: Count y:
chet g’mper and write "DV—13D, Other
fifths]: are more orders. fix! them on an attacked
Criminai Protective Ordcrs" as a lif-‘eJ
a crimina} pmtective order.
b [2] No information has been provided to 31: judge abaut
Thfsjs a Court Cider.
Dv—130, page: us
WW' 3‘" Restrefmng Order After Hearing (CLETS—OAH) .9
(Order of Protection)
_
(Domestic Violence Prevention]
W:?kflrw :4me CcILfcmia Infidel Cant” Faun

m M.
Casa'tiumbm:
— W
@ {3] Attached pages are orders.
.
- Number of pages attach ed to this six-page form: 4
' All of the. attached pages are part Of this 'order.
' Attachments include (check at! that apply).-
:2} DV—MO [j DV—t45 1:1 DV-ISO Ct FL‘342 magma
Other (spectfi'): Anachmeutto DV-tBOJ Addition tptqcted Persons. A
_ tcaxwthft t, 4. -
- v V I v

Dam: \ V ?,C,’ {M Judge James E. Towety


Judge 1’o)\14dicial Officer)
v
Certificate of Compttnncc With VAWA
cntg of the Viotcnee Against Women Act,
This restraining (protective) order meets all "qu faith and credit" mquiacm
This coutt has jurisdiction over the panties}
18 U.S.C. § 2265 (1994) (VAWA) upon notice ofthe xesfimtnod pctsmt.
notice and a timely opporttmily to ba healrd
and the subject utatter; the restrained petson has been or wilt bc nft’ordut
entitled to cnt‘nrcemcnt in end: jurisdictloti
as provided by the laws ofthisjurisctictinn. This order is valid and
of Columbia, n11 mm! landx, and at! U.S. tarrtlories,
throughout. the 50 states ofthc United States, the District
it'it were an order of that jurisdiction.
commonwcntttm, and possessions and 81m“ be enforced as

Warnings and Notices to the Rastratnad Parson tn '9


’and charged with a crime.
If you do not obey thts order, you can be arrested
audlor pay a fine.
. Lfyou do not obey this order, you can go to jail or prison
of this order.
- - ‘It is a felony to take or hide A child in violation disobeying (1155
- Ifyou travel to another state or to tribat lands or make the protected person do so, with the intention of
crime.
order, you ‘can be charged with a federal
or ammunttton.
You cannot have guns, firearme, andl
receive or try to rcwive, or otherwise get
' You cannot own, have, passage, buy or try to buy, you do, you mm go to
order ts In eifcct. If
: guns, ntltcr firearms, and/or nmmunition while (In:
s ttn exemption, you must sell to. Grunt":
"4 jail and [my n 51,000 fine. Unless the court grant
enforcement agency. any gum or other
with, a licensed gun dealer, or turn it! to a hm
sstt you for proorttmt you did 30. tfyqu do
7 firearms that you have or cnntrot.’t‘hcjudge wltt
crime. Fetternl law says you cannot have guns
not. obey this order, you can be charged with 51
it'cxcmpt under California law, you my be
. or ammunition while the order is tn effect. Even
or controlling a firearm.
subject to federal prosecutiuu for possessing

tnatmattone for Law Enforcement


e of Orders
Start Date and End Dat
fottowing dmes:
The orders start on the eart ot' the
ier
ite m @ (n) on page 2, or
- The hearing date in
jnd gu' s sig nnt mc on this page.
- Ttm date next to (hc m the hearing date.
page 1. If no date is listed, they end three years fro
'Dta orders and on the expiration data in item @ on
Thts t5 acbm Order.
Restratntng Order After Hearing (CLETS~OAH) OV-t 30, Page s are
m.fim 1, mn
.9
(Order of Protection)
(Domestic Vtotence Prevention)
umNuxlw A ulommd Cau/amta Julieta! COMIC" I-‘omu

,-"\. ,rx.
@6330 Number ‘

1‘

Arrest Required if Order Is Viotated


. ' 2
Han 05cc: 1'35; r“$053813?9 Cause to behave that the mstahtcd pcxscn had netice af t'nc ordcr and has - , zd the ('6
' disehev 'r cr,
t'nc 05cm- mus: arrest
. ,- of Paul Cadethcsection
Vtolmoa
restrai nee' meson ”‘ ‘ ’ . Liam?)
156 Sr 273 6?! en. Code, §§ 835tCX3) 3" ) '1‘ “0'3“?"
' ' ' 0“!” 0m” "”3“ b‘ a»

I NoficelProof of Service
Lax:u enfmcunent 1mm be
had DMSOR must fist def3: : ‘ ”'
‘ ~advigcyorgh ‘' . son hi: notmc
b- .15n 5 rcsbgagmxget ' of the orders. If none:
' camct be verified, the
ofitm
'55 "J mu“
, enforce them, (Fan), .3):tcrmso
§ 5331) co ms .11'" mumnet
7 t person then mu
"" ta obey the anion,
“the

Consider the muained peison "served" (notified) if: .


: gs: officer sea a copy oFL-‘te I’roq’qfsemice or confirms that the PraqquSer-vfce L: on file; or
E rcf-‘nmu! mot: Was at the remaining order hearing or was informcd ofthc order by an officer (Fun. Code,
§f13',‘ Pia. Colds) § 8.603(2).) r‘u: office; can obtain htfennatioa; about tit: contcnts of thc 01‘ch in the Domestic
V tolenoe nesttammg Order System (DVROS) (Pam. Code, § 6381(b)v(c).)

If the Protected Person Contacts the Restrained Person


orders rcmain in eEe-ct and must
Even ithc protected FCISOD invites or consent: to contact with thc rcstmmcd parses. the.
to contact with the usuaincd person. The
be enforced. The protected person cannot be arrested for ithttng or consmting
"
orders can be changed only by anothtr court onicr. (Pen. Code, § 137t0(b).)

Child Custody and Visitation


are sometimes also written on
a custody and visitation orders are on Form DV—t 40, items @ and@ They
are not part of the ncstraining order.
additional pages or rcfcrcnced in DV~14O or othcr ordcrs that

Enfotcing thé Restraining Order in California ja


es, 5ees, or verifies the orders on a paper copy, in thc- Cam'om
Any law enforcement officer in Catifomja Who receiv ion Order Filc must Cuforc; the orders.
S). or in an NCIC Protect
Law Enfoxccmcut Telecommunications System (CLET

Conflicting Orders—Prt'ortties for Enforcement incd person, the


protecting the protected person from the rcstra
Ifmore than on: restraining ordcr has been issued §§ 6383(h )(2), 6405(b));
ty (see Pen. Code, § 136.2 and Pam. Code,
orders must be enforced iu the fotlowiug priori and it is more restric tive than othé;
Prareclive Order (Form EPO—Ofll)
1. EPOJ 11” One of the orders is an Emergency other ordcrs '
in cnt'orccmcnt over all
mtraining or protective orders, it has pICCchDGC has
order that is included in a restraining or protective. order
2. NarConlacl Order.- lfthcrc is no 8P0, a nocontact tive order.
restraining or protec
precedence in enforcement Over any other tive order issued in a
orders includ es a no-contact order, a domestic violence protec
3. Criminal Order: Ifnunc of thc order. Any nanco nflicting terms ofthc
over any conflicting civil court
criminal case takes precedence in enforcemcnt
and enforceablc.
civil rcs training order remain in effect or protective order has
Orda- [f more than one family, juvenile, or athcs civil mstxaining
4. Family. Juvenile, or Civil
’bccn issucd, dtc One that was issue d last must bx: enforced.
{CIerk willfili out this par!)
~Clerk‘s Certificate——
tection) is a true and
I certify that thin Restraining Order Aflcr Hearing (Order ofPro
Clerk ': Calficar: court.
[seal] correct copy of the nriginal on file in the.
, Deputy
Date: _ __ _V__ _ Cler k. by __

This i's a’ Oburt Older. ‘


w-OAH) DV~130, pm” “,3
mm»! ”W Restraining Order After Hearing (CLETS
(Order of Protec tio n)
(Domestic Violence Prevention)
' mulr'mro dnrwnarcd Collomla Judicial Cmtg-fl Farm;
I --
. t . v
'
‘7‘. r“
M.

Atwshwgm
D\‘~130, Afidttimtul Pwtcctod Persons

NW —
Relatlonshfp tn Paamn Scektng mecttonr Son

Séx: Male

Ase: 2H.
Child Custody and Visitation “" “W_.... 3
C “51‘,Number .
Order ‘
This fonn is numbed to (check One); {:1 mm to
E] DV-ISO
@ Name of Protected Person
- fit Mom l] mu Dona
I l

@ Other Parent’s Name: 36 [3 Mom (X) Dad G 0mm


' If Other, specify relationship ro ciu’ia': ‘

The Court Orders:


- . ' g . > Legal Custody to: (Person Physical Custody to:
® IE Chl‘d CUStO dy '5 Ordered ‘5 tollows who make: deciyions abcmf {Person 11w chéfd (he): with.
luat'lh, aiucmiun..C)1=‘c/c at Chm of (em! one.)
{am ant) V
Child’s Name Date ofBirth Mom Dad Other" > Mom Dad Odtcr‘

8- __ .21.9/200t_ . 53 D D 53 D U-
b. — 10/2/2002 [3 C] D D
c. —_ $913.02.0.9.4. L2“! D D E D B
E] Ifmare children check here. Attach a sheet ofpaper and write “D V440, Child Cuslody "for a tide.
‘ 170mm, 1pm]? relationshig (0 child and name afpersort'

@ Child Visitation is ordered as follows: ,


B. D No visitation to D Mom [3 Dad [3 Other (name):
b, D See the attached - page document, dated:
0. D Th: parties must go to mediatioh at:
(1. Until the next caurt order, visitation For B Mum Dad [3 Other (name): will be:

(1 ) [3 Weekend: {fflarfing}: (777: m wzckend aflhe mom}: I: 0'7: 1;: weekend mm a Samiday)
[3 is! C] 2nd El 3rd E] 4th CI 51h weekend ofmonth ‘
from at [3 am. D 12.11). to at [:3 am. [3 p.m.
- (day o‘fwnk) (mu) (day afued) (flute)

(2) D )‘Vcckdays (mmg);


from at [:1 am. C] pm. to at U am. [3 pm.
(dq- o/vnfl (mm) {day oftrul’) (mm)

(3)12! outervtsmttoa
Check here and aflach a sheel nfpaper If(here are 'olher visitadanh’ays and timer, lit: hoiia'ays,
birthday, sports evenla. List daies and times. Write "DV- 1 m, Other erarion'j'or a rifle.

<5) [I Supervised Visitation or Exchange


Visits nndlor cxchnngcs ofcltildrcu are. supervised as specified on Form DV~150, Superviscd Visitation and
Exchange Order.

.Thlo’ ts acburt Order.


57:13.3“; :,‘,‘;_".L",;;fi;°:;:"“"" Chttd Custody and Visitation Order nv.1qo.pagu”n
WWW” "W W" ““me‘w-m‘ (Demosttc Vlotenco Prevontlon) -—)
Lumvmm dmanmal Calyamtu Jwta’al Cntmcll Fem:
"\
‘A—v‘v‘r‘ _ .rvm.._,._.._u., , . ..... .w‘..—-.. _ _
Cmm Numhm :}

Q) (:3 Rosponatbtttty for Transportation for Visitation


'Rugponstbiltty Tor transportation" manna thn pnmnr will tnltc or pick up tho chttd or mnkc armnflmtmntu fr»:
someone ctac to do 30. V
a. El Mom {3 Butt Fl Other (namcjrnm mMM
take chltdrcn (a the. visuits
b. E] Moutv [X] Dad E] Othcr [namg-M w _W ___~ pick up chttdrm from the Vinita,
c. tit} prom!“ piCk—up o! childrcn wm be at (address):
Motttg1? s hur‘nggpflytdc.

®t: Travet with Children


.—

[1 Mom HS} Dad [3 Other (rumor): __ _V______‘__-_~___ __ must have Written permi'isiun from the
other parent, or a cOurt order, to take the children outcidc of“.
a. [it The State ofCulifmnin
b. Ed The United Stntcs of America
M
c» C] Other placcfis) {1M}:

[J Chttd Abduction ofCutifomia without the other pamnt's


There is a risk that one ofthu parcuts will take the children out
permission. D The orders in Form DV—MS‘ Order; No Travel with Children. arc attached and must be
obeyed. (Fill out and attach Form DV-MS (a this form.)

G!) D Other Orders


40, Other Orderx " m a title.
Check here and attach any olher order: (a lhfsflmn. erre "DV—I

Jurisdiction
Uniform Child Custody Jurisdiction
This court has jurisdiction to make child custody orders in this casc under the
and Enforcement Act (part 3 of tho Catifomia Family Code starting with 5 3400).

@ Notice and Opportunity to Be Heard


The responding puny was given reasonablc notice and an oppoxtum‘ty
to be heard as provided by the laws of the
State of Califomim

‘ @ Country of Habituat Residence


Th: country of habitual residence of the child or childmn in this case is The. United States of America
or C] Other {:pecijSI):

@ Penalties for Violating This Order
Ifyou viotatc this order, you may be. subject to civil or criminal penalties, or both.

Duration of Child Custody, Visitation, and Support Orders


ordets in this
Lt‘this form is attached to Faun DV—IBO (Resh'ainx‘ng Order Afler Hearing), the custody and visttatinn
form tcmniu in effect after the restraining ordets 0n Form DV—BO cud.

This la n chart Orciur.


n.» mnequnu Chtld Ctrstodywtd Vtsitation Order DV-Not Paul! 2 012
(Domasttc Vtotanco Prevention)
' Lul‘tNfl-ufldulomahd Coliftlmla Jtdtcr‘al Compgjl rm,“
f-
' Attachments

DV~140, Child Custody


Child's Name :—
Datu of Birth: 12/13/11
\
Legal Custody to: Mother
Physical Custody to: Mother

DV-140. Item 4 -- Visitation

DV—MO, Other Orders:


ed by mother. unfess a
the children are permitted if approv
Brief and peaceful contact with
SG‘
criminal protective order says OIbCI'Wi
Exhibit G
étlperinr QEuurt of @alt’inrnia
(llounty nf gums: (flare:
l9l Nunh Vim Straw
Sunjusé. Califomia 95113
(408) 382-2700

Chambersnf
HON‘ JAMES E, TOWERY. Judgc

January 25, 2016

CONFIDENTIAL

Ben
CONFIDENTIAL

Dear B_
The Court has recently changed case management systems where all of our files are being
scanned electronically. In the process 01" your file being scanned, there was a CD—ROM within
the confidential folder stemming From a subpoena requested back in 2014. This CD-ROM is
from the Santa Clara County Sheriff‘s Office relating to the Domestic Violence incident and
arrived to the Court after this issue was ruled upon.
As your case is already closed, and the fact that there was previously a ruling as to the domestic
violence matter, and the CD—ROM was never addressed on the record, or seen by the Court, it is
the Court's intention to mail this back to the Sheriff’s Department for destruction.

Please let me know if! can provide any further information. If we do not hear from you within
10 days oftoday’s date, we will follow through with returning the disc as stated above.

Ver 94])! yoursfl '

/ L/aj i “\
Qfimom, C’Ioum, om Clerk to
’Hon. James E. lower):
Judge of the Superior Court of California
Exhibit H I
Exhibit |
"7m .1m

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.w-xv .10-. - 8.... ._


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l'lrm Nnma: . , ,, v
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Inlm'nmlluu. l/Zwm r/n nm In: W H luwwr uml mum In lump yum' 15mm! _..t, m. ;.~..r..-.A.m
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Cmmty u!
Imvv (n glvpynur Iwinmlmlm, [n l. m- numn'l.)‘ ”fittuhn‘tlh; ézdln?! Culttnmlti.

Add": _ . OUl'ERION COURT OF SMIMCMM COUNTY


Cit_ . Sml FAMlLVJUBTtClE tilN’lEll (XXlltlllOUliH

'I‘etuwwn_ N l-‘nx:__,,._“,..,_W1,‘...-:_...,~ slmul nddmas. 201 N. tht Sttcmt


Mntltnu nddmau: 191 N. Flint Sims!
C2) E‘Mnil AddIWI—W ‘. v ..
._flan..lma..cA 95113....“ _ w

Name of Restrained Person: FIJI In mm:


Wfim.--”
”mum”.

BBQZJMHQ'E" (2mm Numtmr:

Dcxurihcthm arson: Sex: ‘


__ W,
RtlLfl.'~_fl___WWI-mw_ HnirC'olt) m.
8y}: Color: g” Agc-_ Dmu ot‘Birthzy
Hearing (Form 13V» I30). A copy of thc nrdm ist
attached.
I ask the cnurtlo renew the Rutlruining Order Afldr
IZO ‘l 7
a. The order ends on (data): ~91} 6
times.
b. The order has been renewed .W_
k one):
e. l wzmt thc urdcrto be renewed for (chec
23 5 years D pcmtuncntly
{n rhcfuturd):
{Check a If that apply. Explain wity you are afraid ofalmm:
I ask the court to renew the order because: : BUNV IOIB tGd me _g_
the order (exp Iain what happened and wlnw)
a. E] The person in ® has viulutcd r bega n hy calli ng mény hinb s ..
n the {estratntng orde
restraining order twice In 2014 whe E"é‘ffé‘s'l'éfiTtfi'Wél'élfi'gWM
o §T5§Tfifil’fi‘e'W'a
n9 atahatt'abwmeress
dld n‘T
as well as passmg messages, ne
abuse me in the future because: .__W._.. _ , _
b. l am'afrm‘d that the person in @ will tng like a
c§‘_s_upp_qrte.ggt‘t’hewas'tal75k”dang
-u! D. chj_t_ana
fifljfltPran
victim
,.-.__-e___ .. and.. . seems to
3nd dQ‘?§DQE DfivBel ngt sfe‘nt ln distr ess lthin k he erou s a1 thTs‘t frfié. ‘
Eéfil'é‘ming me.

c. [j 0thcr(explaf::):

n. Attach a sh eel afpaper and write "Farm DV-700, Other" or a


Cl Check here ifyou need more spa
title.
the laws ofthc State of C ah'fomt‘a that the information above is true and
I declare under penalty of perjury under

2:: 79:0?
Sign your name
Type orper your 11!":
This .ts .not a Court Order.
W Mdmm “MI.“ W
Request to Renew Restraining Order DV‘700. Page 1 alt
mwxuurp 1.2m? Mandalay form .
:mm jmsnm (Domestic Viotanca Prevention)
Exhibit J
?- I L (3‘ 0 La Secure https://cmportalscscourtorg/Portal/ltome/Workqucetvlodmpw {1’2 11'! ‘11! $0
4%“ %ImportedFromSafan Yahoo! ©CBS® .nYSm [E] m.E C. EH '3 E Ea‘9
‘7E1%'3' Q}Q I 1* » 5%?) Otherbookmarks
g3 Santa Clara Superior Court - Case Information Portal Register/ Sign m M'
°
07/26/2017 Request: Renew Restraining Order v
‘ Comm” 4.__. ReShm 30‘s (:9 Q [MK MC- “ I l“
(P) Renewal granted Stanhh
08/09/2017 Bulk Scanned Documents-Conversion Case .,
Comment
04/01/14 to 08/18/14 Vol 1
\
08/10/2017 Bulk Scanned Documents-Conversion Case ., on V JA/J I [/4 V‘ me!
0‘" l '6 a i Q. A
Comment
08/20/14 to 11/14/14 Vol 2 ~
08/14/2017 Minute Order
08/14/2017 Request: Renew RO v
Judicial Officer
Towery, James E
Heartng Time
a +4 09:13 it v
Exhibit K
Eaupkrint @otttt at QCaIifntntc‘t
flaunt? nf éanta (Elam
191 North First Street
San Jose. California 95113
(403) 382-2700
Chambers of
H O N. D E B O R A H A . RYA N , Assistant Presiding judge

September 29, 2017


Postal Address Unavailable
Email: *
Re: Request to Transfer Case_

Deal‘_
Your request to have your case transferred away from Judge James Towery was
forwarded to me in my role of Assistant Presiding Judge responsible for investigating and
responding to complaints of misconduct by our judicial officers. I understand you have
independently filed a complaint with the Commission on Judicial Performance and that
you have stated in this case that you are not asking that your request be regarded as a
complaint, but simply as a request to have the matter transferred to a different judge.
However, the 0mm cannot consider your request unless there is found to be a basis for it,
i.e. misconduct of the involved judicial officer. Accordingly, I am treating this request as
a complaint and am responding accordingly.
Please be advised that I have no authority to overrule or to change a judicial
decision made by another judicial officer, nor may I attempt to affect the outcome in a
particular case pending before another judicial officer. Also, you must independently
investigate any appeal or other remedies that you may have.
I have now had the opportunity to review the file in this case and have investigated
your concerns. I find the essence of your concerns is that you are not satisfied with Judge
Towery’s rulings in your case and feel that he has a conflict of interest and has retaliated
against you. My review of your case does not support any such findings.
One of your complaints is that Judge Towery unlawfillly altered the record in your
matter by excluding a police report. In fact, from the documents you have submitted in
support of this complaint: it is clear that the police report you reference was actually a
CD—ROM from the Santa Clara County Sheriff's Office relating to a domestic Violence
incident that was part of the basis for a Restraining Order that was issued against you in
2014. You have noted in your correspondence that you agreed to this Restraining Order
at the time. Ms. Zamora, then Judge Towery’s clerk, wrote the parties a letter on January
25, 2016 advising that while changing case management systems and scanning
documents into the new system a CD—ROM was discovered. Apparently, it arrived at
September 29, 2017
Page 2

court after the Restraining Order had been heard and an order issued. Ms. Zamora
advised that it was the court’s intention to mail the CD—ROM back to the Sheriff‘s Office
because the case was closed and the CD—ROM had not been considered as part of the
evidence in the ease having arrived at court after the court had made its ruling. This
situation does not constitute an altering of the court record.
After a thorough review of your matter, I find no evidence that supports the
allegations of your complaint. Further: I do not find that Judge Towery has committed
any ethical misconduct or that a conflict of interest exists or that he has retaliated against
you. According no further action will be taken in this matter.
Please be advised that the court does not generally respond to email complaints. I
understand that you have advised Mr. Walker, our Executive Secretary, that you do not
have a current physical address to which com‘espondence can be sent. While I am making
an exception in this instance and responding to your email complaint, this is not a
situation that is likely to be repeated.

Sincerely,

kCvakVJ¢ \gpfle‘f)‘ CL v\__

Deborah A. Ryan
Assistant Presiding Judge
Santa Clara County Superior Court
Exhibit L
' $3 (2354 unread).
?A’ 6} (6) E 1i Bus 3:5 A
a A (a a
» gas Otherboqkmarks
Conneely. Cathal <Cathal,Conneely@jud.ca.gov> Feb 1 211112341 AM
v..- H. "t
The Superior Court of California. County of Santa Clara had original jurisdiction in your case. Based on the
concerns you expressed. court leadership conducted an appropriate review which determined that:
“...the essence of your concerns is that you are not satisfied with Judge Towery’s rulings in your case and feel
that he has a conflict of interest and has retaliated against you. My review of your case does not support any such
findings";
“After a thorough review of your matter, I find no evidence that supports the allegations of your complaint.
Further. I do not find that Judge Towery has committed any ethical misconduct or that a conflict of interest exists or
that he has retaliated against you."; and
“...no further action will be taken in this matter.”
If you wish to pursue your allegations of misconduct further, the Commission on Judicial Performance is the
independent state agency responsible for investigating complaints ofjudiciat misconduct. The commission's
authority is limited to investigating allegations of judicial misconduct and. if warranted, imposing discipl ne. The
commission cannot change a decision made by any judicial officer; th' is a function of the state's appellate
courts
Kind regards.
Cathal Conneety. Public Information Officer
Public Affairs
Judicial Council of California
455 Go/den Gate Avenue, San Francisco. CA 94102-3688
415-§65<7651 I Cathal.Conneely@jud.ca.ggy l www.courtseagg
Exhibit M
LamémemwA
a Secure ‘ httpsz/lmaiI.yahoo.com/neo/launch7tsrc=ym&reason=myc#mai| ,.
n eemnnege
n‘-
Fteotlintfl?
Conneely. Cathal <Cathai.Conneety@jud.ca.gov> 11/01/17 at 2:11 PM
To Ben I
GOOd aficmuuu Win
In response to your questtons requesting information:
1. Under the California Rules of Court, the presiding judge is responsible for leading the court, establishing
policies, and allocating resourcesw Presiding Judge Patricia Lucas currently has this position at the Superior Court of
California. County of Santa Clara
2. In general, the Federal courts hear cases involving the constitutionality of a law, cases involving the laws and
treaties of the US. ambassadors and public ministers, disputes between two or more states, admiralty law, also known
as maritime law, and bankruptcy cases. Information relating to the jurisdiction of the Federal Courts System is
available on the LLB. Courts website:
a. Court Role and Structure
b. Understanding the Fed Ira} Courts
Kind regards.
Cathat Conneely, Public Information Officer
Public Affairs
Judicial Council of California
455 Golden Gate Avenue. San Francisco. CA 94102-3688
415-865-7651 | CathaLConneetyCcszud.ca.go_v I www.courts.ca.gm
From: at]
Sent: P
To: Collllbvlyl "mu,“ -w..w.vuuunee|ytw]uu.uu.ut. .
Sub'ect: Re: Towe removal from Case 214-FL-012246
. 6”) , mwvuf
a Secure E https://mail.yahoo.com/neo/Iaunch?.src=ym&reason=mycttmail
h@_CBSW® “WYS m w FT 5?: (3 SF [m_fl‘fi 55 «a 5
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V DIR .. V > ‘ i
' RE: Towery removal from
‘ ‘ :luu ICIEI‘COUn‘c‘tt “ottcalttomramw
455 Golden Gate Avenue. San Francisco. CA 94102-3688
415-865-7651 ! Cathal.Conneely@jud.ca.gg\g I www.courtszcatgg
From: Ben: 1i
Sent: Mond
To: Connee,. w........ywuu.ca.gov>
Subject: Re: Towery removal from Case 214-FL-012246
Dear Mr. Conneely,
Even if it was the case that the Court of Appeals would be the appropriate venue. it would
it take between 12-18 months at the
very Ieast according to several websites. I have already not seen my kids in 3.5 years.
Fiting more motions with the Honorable Towery is pointless. as his past actions dictate the future
ones.
I believe that precedence in accepting and reviewing complaints was made when the
Honorable Ryan decided that the Honorable
Towery had acted ethically I should be able to send it to someone else in the same manner.
Who is the person who isjust above the Honorable Lucas inithe Judicial organizati
onat chart?
in general. does the Federal Court have jurisdiction over matters in Superior
Court when due process has been violated?