David Lozano 19709022 (SR790053xD9697)

CM-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
Manuel F. Martinez SBN 245113 FOR COURT USE ONLY
Lozano Smith
2001 North Main Street Suite 500
Walnut Creek, CA 94596
TELEPHONE NO.: 925-953-1620 FAX NO. (Optional): 925-953-1625
E-MAIL ADDRESS: mmartinez@lozanosmith.com
ATTORNEY FOR (Name): Union School District
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 191 North First Street
MAILING ADDRESS:
CITY AND ZIP CODE: San Jose, CA 95113
BRANCH NAME: Downtown Superior Court
CASE NAME: Union School District v. David Lozano, Ishmael Garcia, Daizy Lozano
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:
O Unlimited O8 Limited O Counter O Joinder

(Amount (Amount
Filed with first appearance by defendant JUDGE:
demanded demanded is
(Cal. Rules of Court, rule 3.402)
exceeds $25,000) $25,000 or less) DEPT.:
Items 1–6 below must be completed (see instructions on page 2).

1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
Auto (22) Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400–3.403)
Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03)
Other PI/PD/WD (Personal Injury/Property Other collections (09) Construction defect (10)
Damage/Wrongful Death) Tort Mass tort (40)
Insurance coverage (18)
Asbestos (04) Other contract (37) Securities litigation (28)
Product liability (24) Environmental/Toxic tort (30)
Real Property
Medical malpractice (45) Insurance coverage claims arising from the
Eminent domain/Inverse
Other PI/PD/WD (23) above listed provisionally complex case
condemnation (14)
types (41)
Non-PI/PD/WD (Other) Tort Wrongful eviction (33) Enforcement of Judgment
Business tort/unfair business practice (07) Other real property (26) Enforcement of judgment (20)
Civil rights (08) Unlawful Detainer
Miscellaneous Civil Complaint
Defamation (13) Commercial (31)
RICO (27)
Fraud (16) Residential (32)
Other complaint (not specified above) (42)
Intellectual property (19) Drugs (38)
Miscellaneous Civil Petition
Professional negligence (25) Judicial Review
Asset forfeiture (05) Partnership and corporate governance (21)
Other non-PI/PD/WD tort (35)
Employment Petition re: arbitration award (11) 8 Other petition (not specified above) (43)
Wrongful termination (36) Writ of mandate (02)

Other employment (15) Other judicial review (39)
2. This case is 8 is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. Large number of separately represented parties d. Large number of witnesses
b. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more
issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal
c. Substantial amount of documentary evidence court
f. Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a. monetary b. 8 nonmonetary; declaratory or injunctive relief c. punitive
4. Number of causes of action (specify):
5. This case is 8 is not a class action suit.
6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)
Date: 1/25/23
Manuel F. Martinez
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
NOTICE
• Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
• File this cover sheet in addition to any cover sheet required by local court rule.
• If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
• Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
Page 1 of 2
Form Adopted for Mandatory Use Cal. Rules of Court, rules 2.30, 3.220, 3.400–3.403, 3.740;
Judicial Council of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10
CM-010 [Rev.September 1, 2021] www.courts.ca.gov
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed
in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which
property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex. CASE TYPES AND EXAMPLES
Auto Tort Contract Provisionally Complex Civil Litigation (Cal.
Auto (22)–Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400–3.403)
Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10)
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
motorist claim subject to Contract/Warranty Breach–Seller Securities Litigation (28)
arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims
Other PI/PD/WD (Personal Injury/ Warranty (arising from provisionally complex
Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above) (41)
Tort Collections (e.g., money owed, open Enforcement of Judgment
Asbestos (04) book accounts) (09) Enforcement of Judgment (20)
Asbestos Property Damage Collection Case–Seller Plaintiff Abstract of Judgment (Out of
Asbestos Personal Injury/ Other Promissory Note/Collections County)
Wrongful Death Case Confession of Judgment (non-
Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relations)
toxic/environmental) (24) complex) (18) Sister State Judgment
Medical Malpractice (45) Auto Subrogation Administrative Agency Award
Medical Malpractice– Other Coverage (not unpaid taxes)
Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PI/PD/WD (23) Real Property Case
Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint
and fall) Condemnation (14) RICO (27)
Intentional Bodily Injury/PD/WD Wrongful Eviction (33) Other Complaint (not specified
(e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42)
Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only
Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non-
Negligent Infliction of Quiet Title harassment)
Emotional Distress Other Real Property (not eminent Mechanics Lien
Other PI/PD/WD domain, landlord/tenant, or Other Commercial Complaint
Non-PI/PD/WD (Other) Tort foreclosure) Case (non-tort/non-complex)
Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (07) Commercial (31) (non-tort/non-complex)
Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition
false arrest) (not civil Drugs (38) (if the case involves illegal Partnership and Corporate
harassment) (08) drugs, check this item; otherwise, Governance (21)
Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (not specified
(13) Judicial Review above) (43)
Fraud (16) Asset Forfeiture (05) Civil Harassment
Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence
Professional Negligence (25) Writ of Mandate (02) Elder/Dependent Adult
Legal Malpractice Writ–Administrative Mandamus Abuse
Other Professional Malpractice Writ–Mandamus on Limited Court Election Contest
(not medical or legal) Case Matter Petition for Name Change
Other Non-PI/PD/WD Tort (35) Writ–Other Limited Court Case Petition for Relief From Late
Employment Review Claim
Wrongful Termination (36) Other Judicial Review (39) Other Civil Petition
Other Employment (15) Review of Health Officer Order
Notice of Appeal–Labor
Commissioner Appeals
CM-010 [Rev. September 1, 2021] Page 2 of 2
CIVIL CASE COVER SHEET
Manuel F. Martinez
E-mail: mmartinez@lozanosmith.com
Attorney at Law
January 26, 2023
By Personal Service
URGENT
David Lozano
c/o Victoria Auda
2964 Silver Estates
San Jose, California 95135
Re: Notice of Ex Parte Filing of Workplace Violence Restraining Order
Dear David Lozano,
Our firm represents the Union School District (“District”) and we write to notify you that the
District is seeking a Workplace Violence Restraining Order against David Lozano for physically
attacking a District employee on January 13, 2023. Please note that we are going to also seek a
Temporary Restraining Order against David Lozano, and that the District will be filing the
request for a Temporary Restraining Order with the court at the following time and place:
Date: Monday, January 30, 2023
Time: 8 a.m.
Location: Santa Clara County Superior Court

191 North First Street
San Jose, California, 95113
Because we will be going to court on Monday without an appointment, we will go to the
Main Court Clerk Window for assignment of this matter. Enclosed with this letter are the court
papers that explain the incident, the injuries caused by David Lozano, and the actions that the
District is asking the court to take, which may negatively impact you.
Limited Liability Partnership

2001 North Main Street, Suite 500 Walnut Creek, California 94596 Tel 925-953-1620 Fax 925-953-1625
David Lozano
January 26, 2023
Page 2
Please note, we do not know whether you are represented by an attorney in this matter. If you do
have an attorney, please forward this notice to the attorney immediately as this is a time-sensitive
matter. Also, please forward us your attorney’s contact information so that we can communicate
directly with your legal counsel. Please feel free to contact me at (925) 953-1620 or
mmartinez@lozanosmith.com if you have any questions.
Sincerely,
LOZANO SMITH
Manuel F. Martinez
MFM/cd
Enclosures
Clerk stamps date here when form is filed.
Petition for Workplace Violence
WV-100 Restraining Orders
Read How Do I Get an Order to Prohibit Workplace Violence (form
WV-100-INFO) before completing this form. NOTE: Petitioner must
be an employer with standing to bring this action under Code of
Civil Procedure section 527.8. Also fill out Confidential CLETS
Information (form CLETS-001) with as much information as you know.
1 Petitioner (Employer)
a. Name: Union School District
is a corporation sole proprietorship Fill in court name and street address:
8 (specify): School District Superior Court of California, County of
and is filing this suit on behalf of the employee identified in item 2 .

b. Lawyer for Petitioner (if any for this case)
Name: Manuel F. Martinez State Bar No.: 245113
Firm Name: Lozano Smith LLP
Court fills in case number when form is filed.
Petitioner’s Address (If the petitioner has a lawyer, give the lawyer’s Case Number:
information.)
c. Address: 2001 North Main Street, Suite 500
City: Walnut Creek State: CA Zip: 94596
Telephone: (925) 953-1620 Fax: (925) 953-1625
Email Address: mmartinez@lozanosmith.com
2 Employee in Need of Protection
Full Name: Christopher Tracy
Gender: 8 M F Nonbinary Age: 35
3 Respondent (Person From Whom Protection Is Sought)

Full Name: David Lozano Age: 15
Address (if known): 2964 Silver Estates
City: San Jose State: CA Zip: 95135
4 Additional Protected Persons

a. Are you asking for protection for any family or household members of the employee or for any other
employees at the employee’s workplace or at other workplaces of the petitioner?
Yes 8 No (If yes, list them):
Full Name Gender Age Household Member? Relationship to Employee
Yes No
Yes No
Yes No
Additional protected persons are listed in Attachment 4a.
This is not a Court Order.

Judicial Council of California, www.courts.ca.gov
Petition for Workplace Violence Restraining Orders WV-100, Page 1 of 6
Rev. January 1, 2023, Mandatory Form
Code of Civil Procedure, §§ 527.8 and 527.9
(Workplace Violence Prevention)
Case Number:
4 b. Why do these people need protection? (Explain):

Response is stated in Attachment 4b.
5 Relationship of Employee and Respondent

a. How does the employee know the respondent? (Describe): Response is stated in Attachment 5a.
No relationship.
b. Respondent is 8 is not a current employee of petitioner. (Explain any decision to retain, terminate,
or otherwise discipline the respondent): Response is stated in Attachment 5b.
6 Venue
Why are you filing in this county? (Check all that apply):
a. 8 The respondent lives in this county.
b. 8 The respondent has caused physical or emotional injury to the petitioner’s employee in this county.
c. Other (specify):
7 Other Court Cases

a. Has the employee or any of the persons named in 4 been involved in another court case with the respondent?
No Yes If yes, check each kind of case and indicate where and when each was filed:
Kind of Case Filed in (County/State) Year Filed Case Number (if known)
(1) Workplace Violence
(2) Civil Harassment
(3) Domestic Violence
(4) Divorce, Nullity, Legal Separation
(5) Paternity, Parentage, Child Support
(6) Eviction
(7) Guardianship
(8) Small Claims
(9) Postsecondary School Violence
(10) Criminal
(11) Other (specify):
b. Are any restraining orders or criminal protective orders now in effect relating to the employee or any of the
persons in 4 and the respondent? No Yes (If yes, attach a copy if you have one.)

Rev. January 1, 2023 WV-100, Page 2 of 6
Petition for Workplace Violence Restraining Orders
Case Number:
8 Description of Respondent's Conduct

a. Respondent has (check one or more):
(1) 8 Assaulted, battered, or stalked the employee
(2) Made a credible threat of violence against the employee by making knowing or willful statements or
engaging in a course of conduct that would place a reasonable person in fear for his or her safety or the
safety of his or her immediate family.
b. One or more of these acts (check either or both):
(1) 8 Took place at the employee’s workplace
(2) 8 Can reasonably be construed to be carried out in the future at the employee’s workplace
Address of workplace: Dartmouth Middle School, 5575 Dartmouth Drive
San Jose, CA 95118
c. Describe what happened. (Provide details; include the dates of all incidents beginning with the most recent; tell
who did what to whom; identify any witnesses):
8 Response is stated in Attachment 8c.
d. Was the employee harmed or injured? 8 Yes No (If yes, describe harm or injuries):
8 Response is stated in Attachment 8d.
e. Did the respondent use or threaten to use a gun or any other weapon? Yes 8 No (If yes, describe):
Response is stated in Attachment 8e.

Case Number:
8 f. For any of the incidents described above, did the police come? 8 Yes No I don’t know
If yes, did the employee or the respondent receive an Emergency Protective Order?
Yes No 8 I don’t know
If yes, the order protects (check all that apply):
the employee the respondent one or more of the persons in 4 .
(Attach a copy of the order if you have one.)
Check the orders you want þ

9 8 Personal Conduct Orders
I ask the court to order the respondent not to do any of the following things to the employee or to any person to
be protected listed in 4 :
a. 8 Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy
personal property of, or disturb the peace of the person.
b. 8 Commit acts of unlawful violence on or make threats of violence to the person.
c. 8 Follow or stalk the person during work hours or to or from the place of work.
d. 8 Contact the person, either directly or indirectly, by any means, including, but not limited to, in person, by
telephone, in writing, by public or private mail, by interoffice mail, by email, by text message, by fax, or by
other electronic means.
e. 8 Enter the person’s workplace.
f. Other (specify):
As stated in Attachment 9f.
The respondent will be ordered not to take any action to get the addresses or locations of any protected person
unless the court finds good cause not to make the order.
10 8 Stay-Away Orders
a. I ask the court to order the respondent to stay at least 50 yards away from (check all that apply):
(1) 8 The employee. (8) The employee’s vehicle.
(2) The other persons listed in 4 . (9) Other (specify):
(3) 8 The employee’s workplace.
(4) The employee’s home.
(5) The employee’s school.
(6) The school of the employee’s
children.
(7) The place of child care of the employee’s
children.

Case Number:
10 b. If the court orders the respondent to stay away from all the places listed above, will he or she still be able to get
to his or her home, school, or job? 8 Yes No (If no, explain):
Response is stated on Attachment 10b.
11 Firearm (Guns), Firearm Parts, and Ammunition

Does the respondent own or possess any firearms (guns), firearm parts, or ammunition? This includes firearm
receivers and frames, and any item that may be used as or easily turned into a receiver or frame (see Penal Code
section 16531).
If the judge grants a protective order, the respondent will be prohibited from owning, possessing, purchasing,
receiving, or attempting to purchase or receive firearms (guns), firearm parts, and ammunition while the
protective order is in effect. The respondent will also be ordered to turn in to law enforcement, or sell to or store
with a licensed gun dealer, any firearms (guns) and firearm parts within his or her immediate possession or
control.
12 8 Temporary Restraining Order

I request that a Temporary Restraining Order (TRO) be issued against the Respondent to last until the hearing. I am
presenting form WV-110, Temporary Restraining Order, for the court’s signature together with this Petition.
Has the Respondent been told that you were going to go to court to seek a TRO against him or her?
X Yes No (If you answered no, explain why below):
Reasons are stated in Attachment 12.

Personal service of this petition contained the notice informing respondents that the District is seeking a TRO.
13 Request for Less Than Five Days' Notice of Hearing

You must have your papers personally served on the respondent at least five days before the hearing, unless the
court orders a shorter time for service. (Form WV-200-INFO explains what is proof of personal service. Form
WV-200, Proof of Personal Service, may be used to show the court that the papers have been served.)
If you want there to be fewer than five days between service and the hearing, explain why:

Case Number:
0 El No Fee for Filing

I ask that there be no filing fee because the respondent has threatened violence against the employee, or stalked
the employee, or acted or spoken in a manner that has placed the employee in reasonable fear of violence.
CI ❑I askNotheFee to Serve Orders

court to order the sheriff or marshal to serve the respondent with the others for free because this request
for orders is based on a credible threat of violence or stalking.
0 El Court Costs
I ask the court to order the respondent to pay my court costs.
0 ❑
X Additional Orders Requested
I ask the court to make the following additional orders (specift):
❑ Additional orders requested are stated in Attachment 17.
Please note, Petitioner is exempt from filing fees pursuant to Government Code section 6103.
0 Number of pages attached to this form, if any: 16
Date: 1/25/23
Manuel F. Martinez
Lawyer's name (if any) Lawyer's signature
I declare under penalty of perjury under the laws of the State of California that the information above and on
all attachments is true and correct.
Date: 1/25/23
Scott Boggs
Name ofpetitioner Signature
Principal
Title

Rev. January 1. 2023 Petition for Workplace Violence Restraining Orders WV-100, Page 6 of 6
1 Manuel F. Martinez, SBN 245113
Sophia V. Cohn, SBN 306661
2 LOZANO SMITH
2001 North Main Street, Suite 500
3 Walnut Creek, CA 94596
Telephone: (925) 953-1620
4 Facsimile: (925) 953-1625
5
Attorneys for Petitioner
6 UNION SCHOOL DISTRICT
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

2001 North Main Street, Suite 500 Walnut Creek, California 94596
10 COUNTY OF SANTA CLARA
11
UNION SCHOOL DISTRICT, Case No. TBD
Tel 925-953-1620 Fax 925-953-1625
12
Petitioner, ATTACHMENT 8C IN SUPPORT OF
PETITIONER UNION SCHOOL DISTRICT’S
LOZANO SMITH
13
vs. NOTICE OF PETITION AND PETITION FOR
14 WORKPLACE VIOLENCE RESTRAINING
DAVID LOZANO, ISHMAEL GARCIA, AND ORDERS PURSUANT TO CODE OF CIVIL
15 DAIZY LOZANO, PROCEDURE SECTION 527.8
16 Respondents. Date: TBD

Time: TBD
17 Location: Downtown Superior Court
18 San Jose, CA 95113
Judge: TBD
19
20 ATTACHMENT 8C
21 A workplace violence restraining order is appropriate when three minors sucker punch a teacher,
22 then place him in a choke hold while throwing punches at his body because they were unlawfully
23 smoking on campus. Such an order is necessary to protect students and staff from further acts of
24 violence.
25 Statement of Facts
26 On the afternoon of January 13, 2023, just as school was let out for the day, David Lozano
27 (“Respondent 1”) and Ishmael Garcia (“Respondent 2”), both students at nearby high schools, entered
28
ATTACHMENT 8C In the Matter of Lozano et al.
IN SUPP. OF PETITION FOR WORKPLACE VIOLENCE Case No. TBD
RESTRAINING ORDERS
1 the campus of Dartmouth Middle School, in San Jose1. The two boys, along with Daizy Lozano
2 (“Respondent 3”), who is Respondent 1’s sister and a Dartmouth student, began smoking while standing
3 on school property (Respondents 1, 2, and 3 are referred to collectively as “Respondents”). (Dec. of
4 Tracy, ¶¶ 4, 5, 33, 34; Dec. of Boggs, ¶¶ 6, 25, 27-32, Exhibit A.) Respondent 1 was wearing a black
5 hoodie. (Dec. of Tracy, ¶ 6; Dec. of Boggs, ¶¶ 9, 25, 27-32, Exhibit A.) Respondent 2 was wearing a red
6 hoodie. (Dec. of Tracy, ¶ 6; Dec. of Boggs, ¶¶ 11, 25, 27-32, Exhibit A.) Respondent 3 was wearing a
7 light grey hoodie. (Dec. of Tracy, ¶ 6; Dec. of Boggs, ¶¶ 25, 27-32, Exhibit A.) During this time,
8 parents drove into the busy parking lot with children waiting to be picked-up from school. (Dec. of
9 Tracy, ¶ 3; Dec. of Boggs, ¶¶ 5, 25, 27-32, Exhibit A.)

10 Sixth grade teacher Chris Tracy (“Mr. Tracy”) was supervising the pick-up portion of the
11 school’s property when he noticed Respondents standing at the front of the school, blowing clouds of
Tel 925-953-1620 Fax 925-953-1625
12 smoke. (Dec. of Tracy, ¶¶ 4, 5, 33-34; Dec. of Boggs, ¶¶ 6, 25, 27-32, Exhibit A.) Mr. Tracy
LOZANO SMITH
13 approached the Respondents and smelled marijuana. (Dec. of Tracy, ¶ 7; Dec. of Boggs, ¶¶ 26-33,
14 Exhibit B.) Mr. Tracy asked Respondents to either hand him the marijuana, or leave. (Dec. of Tracy, ¶¶
15 8 and 11). Respondent 1 and Respondent 2 began walking away. (Dec. of Tracy, ¶ 12; Dec. of Boggs, ¶¶
16 26-33, Exhibit B.) Respondent 3 stayed behind, turned to Mr. Tracy, and punched him twice on the left
17 side of his face with a closed fist. (Dec. of Tracy, ¶¶ 13 and 35; Dec. of Boggs, ¶¶ 26-33, Exhibit B.)
18 Mr. Tracy heard a ringing in his head and fell forward towards Respondent 3 who held onto Mr. Tracy’s
19 arm. (Dec. of Tracy, ¶¶ 13, 14 and 35; Dec. of Boggs, ¶¶ 26-33, Exhibit B.) Mr. Tracy fell onto the
20 ground, landing on top of Respondent 3. (Dec. of Tracy, ¶¶ 14 and 35; Dec. of Boggs, ¶¶ 7, 26-33,
21 Exhibit B.) Respondents 1 and 2 rushed back over to attack Mr. Tracy. (Dec. of Boggs, ¶¶ 26-33,
22 Exhibit B.) Respondent 1 grabbed Mr. Tracy by his neck and shoulder, lifted Mr. Tracy up off the
23 ground, and wrapped his arm around Mr. Tracy’s neck in a “headlock” position, as Mr. Tracy’s feet
24 stood on the ground. (Dec. of Tracy, ¶¶ 15, 16 and 35; Dec. of Boggs, ¶¶ 8, 26-33, Exhibit B.)
25 Respondent 1 continued to hold Mr. Tracy tightly in a “headlock” position as Mr. Tracy tried to escape.
26
27 1
Dartmouth Middle School is part of the Union School District (“District” or “Petitioner”) located in South San Jose,
California. The District serves students in grades kindergarten through 8th grade.
28
ATTACHMENT 8C -2- In the Matter of Lozano et al.
RESTRAINING ORDERS
1 (Dec. of Tracy, ¶¶ 17 and 35; Dec. of Boggs, ¶¶ 26-33, Exhibit B.) Mr. Tracy was afraid that the other
2 Respondents would punch him as he was restrained in a headlock, so he struggled to free his head in
3 order to stand upright, which strained his abdomen. (Dec. of Tracy, ¶¶ 18 and 35; Dec. of Boggs, ¶¶ 26-
4 33, Exhibit B.) Respondent 2 then shoved Mr. Tracy’s body, and repeatedly swung his closed fist at
5 Mr. Tracy, who was still restrained. (Dec. of Tracy, ¶¶ 19 and 35; Dec. of Boggs, ¶¶ 26-33, Exhibit B.)
6 Once Mr. Tracy broke free, both Respondents 1 and 2 lunged their bodies towards Mr. Tracy in an
7 aggressive and intimidating manner, before walking away with Respondent 3. (Dec. of Tracy, ¶¶ 21 and
8 35; Dec. of Boggs, ¶¶ 12, 26-33, Exhibit B.)
9 Dartmouth Principal Scott Boggs ran over and assisted Mr. Tracy to the Dartmouth office. (Dec.
10 of Tracy, ¶¶ 20 and 22; Dec. of Boggs, ¶ 14.) Mr. Tracy, covered in mud, suffered swelling to his left
11 cheek under his eye. (Dec. of Tracy, ¶¶ 23 and 25; Dec. of Boggs, ¶ 13.) Mr. Tracy suffered a cut to his
Tel 925-953-1620 Fax 925-953-1625
12 inner mouth when his cheek flesh was punched inward against his teeth. (Dec. of Tracy, ¶ 23; Dec. of
Boggs, ¶ 14.) Mr. Tracy’s neck was irritated and red from his lower right ear across the front of his neck
LOZANO SMITH
13
14 to his lower left ear. (Dec. of Tracy, ¶ 23; Dec. of Boggs, ¶ 14.) The irritation and redness was a result
15 from being tightly restrained in a chokehold by Respondent 1. (Dec. of Tracy, ¶ 17; Dec. of Boggs, ¶¶
16 26-33, Exhibit B.) Mr. Tracy’s left ear was red, also from the chokehold. (Dec. of Tracy, ¶ 17; Dec. of
17 Boggs, ¶¶ 26-33, Exhibit B.) Dartmouth staff called the police to report the violent attack, as Mr. Tracy
18 applied ice to his injured face. (Dec. of Tracy, ¶ 25; Dec. of Boggs, ¶¶ 15-17.) Over the next few days,
19 Mr. Tracy took Advil for the pain from his injuries to his face and inner mouth. (Dec. of Tracy, ¶ 26.)
20 Mr. Tracy did not return to work until six days later on January 19, 2023, because he was afraid that
21 Respondents might return to continue their attack. (Dec. of Tracy, ¶¶ 26 and 27.) Despite returning to
22 work, Mr. Tracy remains greatly afraid that Respondents might return to again attack him, particularly
23 because of news reports of teachers being attacked. (Dec. of Tracy, ¶¶ 29-32.) All three Respondents
24 have repeatedly returned to campus since the incident. (Dec. of Boggs, ¶ 18.) Respondents 1 and 2 are
25 not students of the District. (Dec. of Tracy, ¶ 9.) The District has issued a 14-day stay away2 to
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The District can, upon its own authority, issue a 14-day stay away order under Penal Code section 626.4, and Education
Code sections 44810 and 44811. This is an extremely limited, short-term exclusion, pending this Court’s order.
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RESTRAINING ORDERS
1 Respondents 1 and 2 in an effort to keep them off campus. Respondent 3 just recently enrolled in the
2 District as a 7th grade student. (Dec. of Boggs, ¶ 10.) As a result of Respondent 3’s action, Respondent 3
3 is prohibited from entering campus as part of a pending student discipline matter. However, the
4 District’s ability to protect staff and students is extremely limited and judicial protection is needed from
5 this Court.
6 Discussion
7 The Workplace Safety Act was enacted to allow employers to seek protections to enjoin
8 workplace threats or acts of violence against employees. (Robinzine v. Victory (2006) 143 Cal.App.4th
9 1416.) The express intent behind statute governing protection of employees subject to unlawful violence
10 or threat of violence at the workplace was to address the growing phenomenon of workplace violence by
11 providing employers with means to obtain injunctive relief so as to prevent such acts of workplace
Tel 925-953-1620 Fax 925-953-1625
12 violence. (Scripps Health v. Martin (1999) 72 Cal.App.4th 324.) “Any employer, whose employee has
LOZANO SMITH
13 suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be
14 construed to be carried out or to have been carried out at the workplace, may seek a temporary
15 restraining order and an order after hearing on behalf of the employee and, at the discretion of the court,
16 any number of other employees at the workplace, and, if appropriate, other employees at other
17 workplaces of the employer.” (Code Civ. Proc., § 527.8, subd. (a).)
18 “Unlawful violence” is any assault or battery, or stalking as prohibited in Section 646.9 of the
19 Penal Code, but shall not include lawful acts of self-defense or defense of others. (Code Civ. Proc.,
20 § 527.8, subd. (b)(7).)
21 An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on
22 the person of another. (Pen. Code, § 240.)
23 A battery is any willful and unlawful use of force or violence upon the person of another. (Pen.
24 Code, § 242.)
25 A temporary, and permanent, restraining order is necessary to protect Petitioner’s students,
26 families, and staff from Respondents. It is unacceptable under any circumstance for a teacher to be
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RESTRAINING ORDERS
1 physically attacked for carrying out his responsibilities of protecting students as they exit school. The
2 Respondents assaulted and battered the teacher, leaving him swollen and fearful for his safety.
3 In this instance, Respondents inflicted physical injury on Petitioner’s employee because
4 Respondents were asked to stop smoking. Punching and choking a teacher over smoking evidences the
5 danger that the Respondents pose to Petitioner and its community. Irreparable harm has already
6 occurred, and is likely to reoccur, because Respondents each have personal reasons to return to campus.
7 (Dec. of Boggs, ¶¶ 19-23.) Respondent 1 and Respondent 3 are both dating current Dartmouth students,
8 and all three Respondents reappeared on campus during the same time of day on two additional dates
9 following the attack—Wednesday, January 18, 2023, and Thursday, January 19, 2023. (Dec. of Boggs,
10 ¶¶ 18-23.) Mr. Boggs found the Respondents’ bold return to campus so soon after the attack threatening,
11 and feared for the safety of staff and the safety of students and parents in the vicinity. (Dec. of Boggs, ¶¶
Tel 925-953-1620 Fax 925-953-1625
12 18-19, and 23.)

LOZANO SMITH
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RESTRAINING ORDERS
2 LOZANO SMITH
Telephone: (925) 953-1620
4 Facsimile: (925) 953-1625
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Petitioner, ATTACHMENT 8D IN SUPPORT OF
LOZANO SMITH
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Time: TBD
Judge: TBD
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20 ATTACHMENT 8D
21 Christopher Tracy, a teacher at Dartmouth Middle School of Union School District, was harmed and
22 injured. In particular, he suffered a cut to his inner mouth when his cheek flesh was repeatedly punched
23 inward against his teeth, and swelling to his left cheek, under his eye from the repeated blows. Mr. Tracy
24 experienced difficulty breathing due to being restrained in a chokehold position. Mr. Tracy strained his
25 abdomen as he struggled to free his head from restraint. His neck was irritated and red from his lower
26 right ear across the front of his neck to his lower left ear, and he had redness on his left ear. Mr. Tracy
27 suffered panic, and fear of imminent great bodily injury as he was being attacked. Mr. Tracy’s clothes
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ATTACHMENT 8D In the Matter of Lozano et al.
RESTRAINING ORDERS
1 were covered in mud. He experienced residual pain from his inner mouth and left cheek injuries, which
2 he treated with Advil. He also suffers ongoing fear and anxiety of the possibility of a repeat attack.
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ATTACHMENT 8D -2- In the Matter of Lozano et al.
RESTRAINING ORDERS
1 DECLARATION OF SCOTT BOGGS
2 I, Scott Boggs, declare as follows:
3 1. I have personal knowledge of the facts stated herein, and if called as a witness I could and
4 would competently testify to these facts under oath.
5 2. I am over 18 years of age and not a party to this action.
6 3. My business address is Dartmouth Middle School, 5575 Dartmouth Drive, San Jose,
7 California 95118.
8 4. I am employed as the Principal at Dartmouth Middle School ("Dartmouth") in the Union
9 School District ("District").
10 5. On the afternoon of Friday January 13, 2023, I was monitoring the release of students,
11 who had just been dismissed for the day. I was standing in the parking lot as students, parents and
X12 families were entering and leaving Dartmouth property.
13 6. A teacher, Ms. Sieto, ran over to me and reported that "kids were smoking marijuana in
14 the grassy area," referring to the patch of grass on the Dartmouth campus, located adjacent to the
X15 parking lot entrance.
6-1 16 7. I walked over to the front of the Dartmouth campus and observed one of my employees,
17 6th grade math and science teacher Chris Tracy ("Mr. Tracy"), fall to the ground.
18 8. When I was about 40 feet away from Mr. Tracy, I observed Mr. Tracy being held in a
19 "choke hold" position, by a person wearing a black hoodie.
20 9. I later learned that the person in the black hoodie was a minor named David Lozano.
21 10. I headed towards Mr. Tracy, and when I was about 20 feet away, Mr. Tracy was released
22 from the "choke hold." I noticed Daizy Lozano standing nearby, and another person I did not recognize,
23 who was wearing a red hoodie. Daizy Lozano is a student who recently enrolled at Dartmouth.
24 11. I later learned that the person in the red hoodie was a minor named Ishmael Garcia.
25 12. I told Daizy and the boys in hoodies "you need to leave." The two boys were chuckling
26 out loud, and then walked away with Daizy.
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DEC. OF SCOTT BOGGS —1 —
1 13. I turned to Mr. Tracy, who was looking for his keys in the grass. He had a red welt on his
2 left cheek, which appeared to be a fresh injury. Mr. Tracy soon found his keys, and then complained that
3 the welt on his cheek hurt.
4 14. I walked with Mr. Tracy to the Dartmouth office, and he complained that he had suffered
5 a cut to his inner mouth when his cheek flesh was punched inward against his teeth, and I observed red
6 marks on his neck.
7 15. The Dartmouth health assistant provided Mr. Tracy with ice for the welt on his cheek.
8 Mr. Tracy sat holding the ice on his face, as I called the police to report the violent attack.
9 16. Mr. Tracy appeared to be in shock and sat, speechless, holding ice on his face.
10 17. As I spoke to the police, I stood outside, watching to make sure that the assailants did not
11 return.
12 18. On Wednesday, January 18, 2023 and Thursday, January 19, 2023, Ishmael Garcia,
13 David Lozano, and Daizy Lozano all returned in the afternoon to the Dartmouth campus during
14 dismissal time. I was surprised to see all three assailants boldly return to campus so soon, after violently
15 attacking a Dartmouth teacher, and their presence demonstrates to me a lack of remorse or appreciation
16 for the severity of their actions.
17 19. Following the January 13, 2023 violent attack on one of my staff members, I feel
18 threatened by Ishmael Garcia, David Lozano, and Daizy Lozano's reoccurring presence on the
19 Dartmouth campus, and I fear for the safety of staff and the safety of students and parents in the vicinity.
20 20. Under information and belief, Daizy Lozano is involved in a romantic relationship with a
21 Dartmouth student, named Wendy Martinez.
22 21. Under information and belief, David Lozano is involved in a romantic relationship with a
23 Dartmouth student, named Elena.
24 22. David and Daizy Lozano have a younger sibling who attends Dartmouth in the 6`1) grade,
25 named Daniel Lozano. David and Daizy have two additional younger siblings who attend another
26 District school, Noddin Elementary School.
27 23. Under information and belief, David Lozano, Daizy Lozano, and Ishmael Garcia returned
28 to the Dartmouth campus on January 18, 2023 and January 19, 2023 in order to spend time with David
DEC. OF SCOTT BOGGS _ _
1 and Daizy Lozano's romantic partners. It is my opinion that violent attacks would reoccur, if David
Lozano, Daizy Lozano, or Ishmael Garcia were not prevented from returning to Dartmouth, or any other
3 District property.
4 24. I am the custodian of the business records for Dartmouth Middle School.
5 25. I am authorized to certify, and hereby do certify, that the video attached as Exhibit A is a
6 true and correct copy of a video captured on Friday, January 13, 2023, at approximately 2:58 p.m., via a
7 closed-circuit video surveillance camera directed at the parking lot of Dartmouth Middle School, 5575
8 Dartmouth Drive, San Jose, California 95118.
9 26. I am authorized to certify, and hereby do certify, that the video attached as Exhibit B is a
10 true and correct copy of a video captured on Friday, January 13, 2023, at approximately 3:03pm, via a

In
13 27. Exhibits A and B have remained in the uninterrupted possession, custody, and control of
14 the District.
N
'O
15 28. Based on information and belief, Exhibits A and B were prepared by authorized District
16 personnel during the ordinary course of business at or near the time of the act, condition, or event
17 recorded.
18 29. Exhibits A and B accurately depict District property as I remember from the day of the
19 incident (January 13, 2023).
20 30. Exhibits A and B accurately depict Daizy Lozano as wearing a light grey sweatshirt as I
21 remember from the day of the incident (January 13, 2023).
22 31. Exhibits A and B accurately depict Ishmael Garcia as wearing a red sweatshirt as I
24 32. Exhibits A and B accurately depict David Lozano as in a black sweatshirt as I remember
25 from the day of the incident (January 13, 2023).
26 33. For the purposes of identification, in Exhibit B, David, Daizy, Ishmael, and Mr. Tracy are
27 to the left of the picture, near the large tree. Exhibit B accurately shows at about second 36, I enter the
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DEC. OF SCOTT BOGGS -3-
1 video frame from the right side, wearing khaki-colored pants and a black jacket, when I approached the
2 minors, and direct them to leave.
3 34. My statements herein are based upon my recollection of the events described as I
4 experienced them. I make these estimations in good faith.
5 I declare under the penalty of perjury, under the laws of the State of California, that the
6 foregoing is true and correct. Executed on January 25, 2023, at San Jose, California.
9 Scott Boggs,
Principal
o Dartmouth Middle School
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1 EXHIBITS TO THE DECLARATION OF SCOTT BOGGS
8 Exhibit A
9 Exhibit A to the Declaration of Scott Boggs can be found at the following web link:
10 https://vimeo.com/792819752
11 Password: UnionSD23

Tel 925-953-1620 Fax 925-953-1625
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LOZANO SMITH
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Exhibit B
Exhibit B to the Declaration of Scott Boggs can be found at the following web link:
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https://vimeo.com/792819927
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Password: UnionSD23
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1 DECLARATION OF CHRISTOPHER TRACY
2 I, Christopher Tracy, declare as follows:
5 2. I am employed as a 6th grade math and science teacher at Dartmouth Middle School
6 ("Dartmouth") in the Union School District ("District").
7 3. On the afternoon of Friday, January 13, 2023, I was assigned to yard duty after school. As
8 part of my responsibilities, I was expected to supervise students as they were dismissed from school, and
9 picked-up by their parents between 2:50 p.m. to 3:05 p.m.
10 4. As I supervised the front of the Dartmouth campus, I observed several minors smoking
11 while standing on District property.
12 5. I observed two of the minors smoking from the same cigarette-like object, and then puffs
13 of smoke blew out of their mouths.
14 6. One minor wore a black hoodie; one wore a red hoodie; and the third, who was a
15 Dartmouth student, wore a light grey hoodie.
16 7. I approached the minors and smelled the very pungent smell of marijuana. I am familiar
17 with the smell of marijuana, because I have smelled it previously.
18 8. I directed the minors to either hand me the marijuana or exit school property.
19 9. I recognized one of the minors to be a Dartmouth student, however I did not recognize the
20 other two minors, who appeared older than the type of student that attends Dartmouth.
21 10. The three minors responded by denying any wrongdoing, stating something to the effect
22 of "I don't know what you're talking about."
23 11. I told the minors that I was on yard duty, I knew who had the marijuana, and repeated the
24 same options—either hand me the marijuana or exit school property.
25 12. The minors wearing black and red hoodies turned and began walking away, towards the
26 sidewalk.
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DEC. OF CHRISTOPHER TRACY -I-
13. The Dartmouth student in the light grey hoodie turned towards me, and suddenly punched
2 me right under my left cheek bone with a closed fist. I heard ringing in my head. She punched me a
3 second time right under my left cheek bone, and I continued to hear ringing in my head.
4 14. I fell forward towards the student who punched me. She held onto my left arm, and I
5 landed on top of the student.
6 15. When I fell to the ground, I was grabbed by my neck and shoulder, and lifted up off the
7 ground.
8 16. The boy in the black hoodie wrapped his arm around my neck in a "headlock" position,
9 while my feet stood on the ground.
10 17. I felt the boy's arm wrapped tightly around my neck making it difficult for me to breathe,
11 and I moved my body, trying to break free from the headlock.
12 18. I feared that the other minors would punch me as I was restrained in the headlock, so I
13 struggled to free my head in order to stand upright, which strained my abdomen.
14 19. I felt someone else shove my body as I was restrained, and I was terrified because further
15 injury felt imminent.
16 20. I heard Dartmouth Principal Scott Boggs arrive and shout something, and I was released.
17 21. Once I was free, the boys in the red and black hoodies each lunged their bodies towards
18 me in an aggressive and intimidating manner, before walking away with the Dartmouth student in the
19 light grey hoodie.
20 22. Dartmouth Principal Scott Boggs arrived and asked if I was alright.
21 23. I had a painful red welt on my cheek, and I had suffered a cut to my inner mouth when my
22 cheek flesh was punched inward against my teeth. The skin around my neck was irritated, and felt tender
23 to the touch.
24 24. I had lost my keys, and soon found them in the grass.
25 25. My clothes and hands were covered in mud. Mr. Boggs walked with me to the Dartmouth
26 office, and the Dartmouth health assistant provided me with ice for the welt on my cheek.
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DEC. OF CHRISTOPHER TRACY -2-
1 26. I took Advil to relieve the pain I was experiencing on my left cheek and in my mouth.
2 Following the violent attack, I experienced fear of returning to work I was scared the assailants would
3 return to continue their attack.
4 27. I returned to work six days later, on the following Thursday, January 19, 2023, after the
5 District granted me a few days of leave to recuperate.
6 28. When I returned to work, I felt very uneasy. It was apparent that everybody knew what
7 had happened some students even came to check in on me, and asked me if I was alright.
8 29. There were some students on campus who I had seen with the student-assailant, and I
9 knew that they were friends. These students stopped by my office and peered-in at me, as if they were
10 trying to get a glimpse of my injuries. I did not know if the friends had contact with the assailants, and I
11 was concerned by the friends' presence on campus.
12 30. After school, I remained in my classroom, waiting to be sure the assailants' friends had
13 left, before I could feel comfortable walking out to my car.
14 31. I remain fearful that the minors will return to the Dartmouth campus to attack me again,
15 particularly because of news reports of teachers being attacked.
16 32. If I were to see the three assailants again, I would feel very unsafe, as I believe I would
17 again be violently attacked, and I fear I could suffer even worse physical injuries than the last time.
18 33. Exhibit A to the Declaration of Scott Boggs accurately depicts the minors smoking on
19 Dartmouth campus as I viewed them, which prompted me to speak with them. Such conduct is described
20 in paragraphs 4 through 7, above.
21 34. Exhibit A accurately depicts what I saw happening, which was that the boy in the red
22 hoodie brings an item up to his mouth, and then exhales a cloud of smoke, as the other minors stand
23 nearby, grinning.
24 35. Exhibit B to the Declaration of Scott Boggs accurately depicts the events of January 13,
25 2023, which are described in paragraphs 7 through 22, above. The minors and I are to the left of the
26 picture, near the large tree.

1 I declare under the penalty of perjury, under the laws of the State of California, that the foregoing
2 is true and correct. Executed on January 25, 2023, at San Jose, California.
4 CAA-s
-10 - Christop ff Tracy
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Teacher
6 Dartmouth Middle School
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WV-110 Temporary Restraining Order
Lawyer for Petitioner (if any, for this case):
Name: Manuel F. Martinez State Bar No.:245113
b. Your Address (If you have a lawyer, give your lawyer’s information.):
Address: 2001 North Main Street, Suite 500
Fill in court name and street address:
City: Walnut Creek State: CA Zip: 94596 Superior Court of California, County of
Telephone: (925) 953-1620 Fax: (925) 953-1625
02 Employee (Protected Person)

03 Respondent (Restrained Person)

(Give all the information you know. Information with a star (*) is required
to add this order to the California police database. If age is unknown,
give an estimate.)
L Case Number:
*Full Name: David Lozano *Age: 15 Date of Birth: 11/7/2007

*Race: Hispanic Height: 5'7" Weight: 150 Hair Color: Brn Eye Color: Brn
*Gender: X M F Nonbinary Home Address: 2964 Silver Estates
Relationship to Protected Person: No relationship
Additional Protected Persons

04 In addition to the employee, the following family or household members or other employees are protected by the
temporary orders indicated below:
Full Name Gender Age Household Member? Relation to Employee
Yes No
10 Yes 0 No
Yes No
Additional protected persons are listed at the end of this Order on Attachment 4.
05 Expiration Date
This Order expires at the end of the hearing scheduled for the date and time below:
Date: Time: a.m. p.m.
This is a Court Order.

Rev. January 1, 2023, Mandatory Form Temporary Restraining Order (CLETS-TWH) WV-110, Page 1 of 6
Approved by DOJ
Case Number:
To the Respondent:
The court has issued the temporary orders checked as granted below. If you do not obey these orders, you can be
arrested and charged with a crime. You may have to go to jail for up to one year, pay a fine of up to $1,000, or
both.
6 Personal Conduct Orders
0
Not Requested Denied Until the Hearing Granted as Follows:
a. You are ordered not do the following things to the employee
and to the other protected persons listed in 4 : 0
(1) Harass, molest, strike, assault (sexually or otherwise), batter, abuse, destroy personal property of, or
disturb the peace of the person.
(2) Commit acts of violence or make threats of violence against the person.
(3) o Follow or stalk the person during work hours or to or from the place of work.
(4) Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by
telephone, in writing, by public or private mail, by email, by fax, or by other electronic means.
(5) Enter the workplace of the person.
(6) Take any action to obtain the person’s address or locations. If this item is not checked, the court has
found good cause not to make this order.
Other personal conduct orders are attached at the end of this Order on Attachment 6a(7).
b. Peaceful written contact through a lawyer or a process server or other person for service of legal papers related
to a court case is allowed and does not violate this order. However, you may have your papers served by mail
on the petitioner.
07 Stay-Away Order
a. You must stay at least yards away from (check all that apply):
(1) The employee (7) The employee’s children’s place of child care
(2) E Each other protected person listed in 04 (8) E The employee’s vehicle
(3) O The employee’s workplace (9) Other (specify):
(4) E The employee’s home
(5) O The employee’s school
(6) The employee’s children’s school
b. This stay-away order does not prevent you from going to or from your home or place of employment.
Rev. January 1, 2023

Temporary Restraining Order (CLETS-TWH) WV-110, Page 2 of 6
Case Number:
08 No Firearms (Guns), Firearm Parts, or Ammunition

a. You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get any
prohibited items listed in b.
b. Prohibited items are:
(1) Firearms (guns);
(2) Firearm parts, meaning receivers, frames, or any item that may be used as or easily turned into a receiver or
frame (see Penal Code section 16531); and
(3) Ammunition.
c. You must:
(1) Sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any firearms (guns) and
firearm parts in your immediate possession or control. This must be done within 24 hours of being served
with this Order.
(2) File a receipt with the court within 48 hours of receiving this Order that proves that all your firearms
(guns) and firearm parts have been turned in, sold, or stored. (You may use Receipt for Firearms and
Firearm Parts (form WV-800) for the receipt.)
d. The court has received information that you own or possess a firearm (gun), firearm parts, or ammunition.
09 Other Orders
Not Requested Denied Until the Hearing Granted as Follows (specify):
Additional orders are attached at the end of this Order on Attachment 9.
To the Petitioner:
Mandatory Entry of Order Into CARPOS Through CLETS

010 This Order must be entered into the California Restraining and Protective Order System (CARPOS) through the
California Law Enforcement Telecommunications System (CLETS). (Check one):
a. The clerk will enter this Order and its proof-of-service form into CARPOS.
b. The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered
into CARPOS.
c. By the close of business on the date that this Order is made, the employer or the employer’s lawyer should
deliver a copy of the Order and its proof-of-service form to the law enforcement agencies listed below to
enter into CARPOS:
Name of Law Enforcement Agency Address (City, State, Zip)
Additional law enforcement agencies are listed at the end of this Order on Attachment 10.

(Workplace Violence Prevention) -›
Case Number:
O11 No Fee to Serve (Notify) Restrained Person

The sheriff or marshal will serve this Order without charge because:
Ordered Not Ordered
a. The Order is based on a credible threat of violence or stalking.

b. The petitioner is entitled to a fee waiver.
O12 Number of pages attached to this Order, if any:
Date:
Judicial Officer
Warnings and Notices to the Restrained Person in 3 •

You Cannot Have Firearms (Guns), Firearm Parts, or Ammunition
You cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get any prohibited items listed in
item 8b on page 3 while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to or
store with a licensed gun dealer, or turn in to a law enforcement agency, any firearms (guns) and firearm parts that you
0
have or control as stated in item 8 above. The court will require you to prove that you did so.
Notice Regarding Nonappearance at Hearing and Service of Order

If you have been personally served with this Temporary Restraining Order and form WV-109, Notice of Court Hearing,
but you do not appear at the hearing either in person or by a lawyer, and a restraining order that is the same as this
Temporary Restraining Order except for the expiration date is issued at the hearing, a copy of the order will be served on
you by mail at the address in item 3 . 0
If this address is not correct or you wish to verify that the Temporary Restraining Order was converted into a restraining
order at the hearing without substantive change, or to find out the duration of the order, contact the clerk of the court.

Case Number:
After You Have Been Served With a Restraining Order

• Obey all the orders. Any intentional violation of this Order is a misdemeanor punishable by a fine or by imprisonment
in a county jail, or by both fine and imprisonment. (Pen. Code, § 273.6.)
• Read form WV-120-INFO, How Can I Respond to a Petition for Orders to Stop Workplace Violence?, to learn
how to respond to this Order.
• If you want to respond, fill out form WV-120, Response to Petition for Workplace Violence Restraining Orders,
and file it with the court clerk. You do not have to pay any fee to file your response if the petition claims that you
threatened violence against or stalked the employee, or placed the employee in reasonable fear of violence.
• You must have form WV-120 served on the petitioner or the petitioner’s attorney by mail. You cannot do this yourself.
The person who does the service should complete and sign form WV-250, Proof of Service of Response by Mail. File
the completed proof of service with the court clerk before the hearing date or bring it with you to the hearing.
• In addition to the response, you may file and have declarations served, signed by you and other persons who have
personal knowledge of the facts. You may use form MC-030, Declaration, for this purpose. It is available from the
clerk’s office at the court shown on page 1 of this form or at www.courts.ca.gov/forms. If you do not know how to
prepare a declaration, you should see a lawyer.
• Whether or not you file a response, you should attend the hearing. If you have any witnesses, they must also go to the
hearing.
• At the hearing, the judge can make restraining orders against you that last for up to three years. Tell the judge why you
disagree with the orders requested.
Instructions for Law Enforcement
Enforcing the Restraining Order

This order is enforceable by any law enforcement agency that has received the order, is shown a copy of the order, or has
verified its existence on the California Restraining and Protective Orders System (CARPOS). Agencies are encouraged to
enter violation messages into CARPOS. If the law enforcement agency has not received proof of service on the restrained
person, the agency must advise the restrained person of the terms of the order and then must enforce it. Violations of this
order are subject to criminal penalties.
Start Date and End Date of Orders

This order starts on the date next to the judge’s signature on page 4. The order ends on the expiration date in item 5 on
page 1.
If the Protected Person Contacts the Restrained Person

Even if the protected person invites or consents to contact with the restrained person, this order remains in effect and must
be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person. The
order can be changed only by another court order. (Pen. Code, § 13710(b).)

(Workplace Violence Prevention) ->
Case Number:
Conflicting Orders—Priorities for Enforcement

If more than one restraining order has been issued protecting the protected person from the restrained
person, the orders must be enforced in the following priority (see Pen. Code, § 136.2 and Fam. Code,
§§ 6383(h)(2), 6405(b)):
1. Emergency Protective Order (EPO): If one of the orders is an Emergency Protective Order (form EPO-001),
provisions (e.g., stay-away order) that are more restrictive than in the other restraining/protective orders must be
enforced. Provisions of another order that do not conflict with the EPO must be enforced.
2. No-Contact Order: If a restraining/protective order includes a no-contact order, the no-contact order must be
enforced. Item 6a(4) is an example of a no-contact order.
3. Criminal Protective Order (CPO): If none of the orders include an EPO or a no-contact order, the most recent
CPO must be enforced. (Fam. Code, §§ 6383(h)(2) and 6405(b).) Additionally, a CPO issued in a criminal case
involving charges of domestic violence, Penal Code sections 261, 261.5, or former 262, or charges requiring sex
offender registration must be enforced over any civil court order. (Pen. Code, § 136.2(e)(2).) All provisions in the
civil court order that do not conflict with the CPO must be enforced.
4. Civil Restraining Orders: If there is more than one civil restraining order (e.g., domestic violence, juvenile, elder
abuse, civil harassment), then the order that was issued last must be enforced. Provisions that do not conflict with
the most recent civil restraining order must be enforced.
(Clerk will fill out this part.)
—Clerk's Certificate—
Clerk’s Certificate I certify that this Temporary Restraining Order is a true and correct copy of the
[seal] original on file in the court.
Date: Clerk, by , Deputy

ATTACHMENT FM-1013
NAME AND ADDRESS OF PARTY OR ATTORNEY FOR PARTY: TELEPHONE NUMBER: FOR COURT USE ONLY
Manuel F. Martinez (925) 953-1620

STREET ADDRESS: 201 North First Street, San Jose, CA 95113
MAILING ADDRESS: 191 North First Street
CITYAND ZIP CODE: San José, California 95113
BRANCH NAME: Downtown Courthouse
CASE NUMBER:
PETITIONER: Union School District
RESPONDENT: David Lozano
DEPARTMENT NUMBER:
DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS
FCS NUMBER:
I, the undersigned, declare:

1. I am (choose one):
a. 4 attorney for Petitioner attorney for Respondent attorney for child(ren)
b. self-represented Petitioner self-represented Respondent
c. other (explain):
2. The opposing party or minor children is represented by an attorney: Yes 4 No
(If you checked “Yes”, fill in the name, address, and telephone number of all attorneys.
If you checked “No”, fill in the other party’s name address, and telephone number.)
Party/Attorney name: David Lozano
Address/Telephone number: 2964 Silver Estates, San Jose, CA 95135
Child’s attorney name and address:
3. OTHER CASES: Have the parties to this case been involved in another Family, Probate Juvenile, or Criminal Court
Case? Yes 4 No If there has been another case, fill in the case number:
4. OTHER APPLICATIONS: I or another party have 4 have not made previous application(s) on the same issue.
Orders were were not granted on the prior application(s). Explain in your declaration.
5. NOTICE
a. I HAVE given notice to all opposing parties and/or their attorney by the following method:
Personal delivery Fax Overnight Carrier First Class Mail Other:
Date: Time: Person who received:
I have received confirmation that the other party has received my papers as follows: (Check one below)
In person/telephone (describe):
Written confirmation of receipt
b. I ask the Court not to require notice of the ex parte request for orders because (Check all that apply. In
the space provided below in 5.c. and on any attached pages or a separate sworn declaration, you must
give facts that support a request not to give notice for each box you check in 5.b. (except for Domestic
Violence Prevention Act (DVPA) restraining orders):
This is an application for Domestic Violence Prevention Act (DVPA) restraining orders.
This application involves a matter not requiring notice under State Rules, Rule 5.170;
Giving notice would frustrate the purpose of the order;
Giving notice would result in immediate and irreparable harm to the applicant or the children who may be
affected by the order sought;
Giving notice would result in immediate and irreparable damage to or loss of property subject to disposition
in the case;
The parties agreed in advance that notice will not be necessary with respect to the matter that is the subject
of the request for emergency orders. Provide documentation of this agreement; and/or,
FM-1013 REV 07/01/14 DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS Page 1 of 3
ATTACHMENT FM-1013
PETITIONER: Union School District CASE NUMBER
The party made reasonable and good faith efforts to give notice to the other party, and further efforts to give
notice would probably be futile or unduly burdensome (describe those efforts in detail below).
Other:
c. Further Explanation for Asking the Court NOT to Require Notice:
Additional pages are attached. Total number of attached pages:
Provide detailed factual explanation of any box checked under Paragraph 5.b. above. If you do not have
enough room, attach additional pages or a separate sworn declaration of good cause:
I declare under penalty of perjury that the forgoing and any statement on attached pages are true and correct.
Date Print Name Signature of Declarant
ATTACHMENT FM-1013
INSTRUCTIONS
For more information please refer to Superior Court of California, County of Santa Clara Local Rules 5 A & B and
California State Rules, Rules 5.151, 5.165, 5.167, and 5.170.
This form is required in Santa Clara County, if you are asking the Judge to make immediate orders (also know as
emergency or ex parte orders) without the other party being present for a hearing. This form must be completed in any
case where ex parte orders or emergency orders are requested. If you are required to give notice, notice must be given
before 10:00 a.m. on the court day before the Judge reviews the application, or the application will be delayed another 24
hours. Notice means providing the other side of the case, either all other attorneys or any self-represented party, with
copies of any papers that you want the Judge to review and any orders that you are requesting. If you have given notice
to the other side of your case, you must state the form of notice given. If you ask the Court to not require notice, you must
explain why. Sometimes notice is not required, such as cases involving allegations of domestic violence or where the
safety of a party or a child might be at risk if notice is given. It is up to the Judge in your case to determine whether notice
will be required or not.
SECTION #1
State whether you are the Petitioner or the Respondent in the case. Once a case is filed, the parties keep the same
status in the case. You do not change from the Respondent to the Petitioner by filing a new motion in the case. If you do
not have an attorney, you are considered self-represented.
SECTION #2
If any other party is represented by an attorney, you must provide the Court with the attorney’s name and address. If the
other party is not represented by an attorney, you must provide the Court with the other party’s address.
SECTION #3
It is very important to list all other cases in which you and the other party have been involved with the courts. This would
include other Family Law, Probate, Juvenile, Restraining Order, Child Support, Civil, or Criminal matters. If you do not
have the case number, please put “unknown” and list the county and the year of the filing, if possible.
SECTION #5a.
Unless notice is excused by the Court, you must provide notice of this application to all other parties and attorneys before
you deliver a copy to the Court. When you give such notice, specify how you did it (by fax, courier, or personally, for
example), who received it and at what time and on which date. Also, please explain how you know that the other side
received copies of your papers and what response you were given.
SECTION #5c.
If you believe that you should not be required to give notice of this application and are asking the Court not to
require notice, explain why in this section. Check as many boxes as apply. You must also write out any further
explanation of your reasons for not giving notice or provide a separate declaration.
After this form is completed, attach it to your application or motion and submit them to the Court Specialist’s Office at the
Family Court Facility where you are dropping off your paperwork for review.
CONFIDENTIAL
CLETS-001 CLETS Information
California Law Enforcement Telecommunications System (CLETS)

Information Form
8 This form is submitted with the initial filing (date): 1/30/23
This is an amended form (date):
Important: This form MUST NOT become part of the public court file. It is confidential and private.
Fill out as much of this form as you can and give it to the court clerk. If the court issues a restraining order, this form will
provide law enforcement with information that will help them enforce it. If any of this information changes, fill out a new
(amended) form.
Case Number (if you know it):
01 Person to Be Protected (Name): Christopher Tracy

Sex: 8 M F Height: 5'10" Weight: 185 Race: Caucasian
Hair Color: Brn Eye Color: Brn Age: 35 Date of Birth: 7/6/1987
Mailing Address (listed on restraining order): 5575 Dartmouth Dr.
City: San Jose State: CA Zip: 95118 Telephone (optional):
Vehicle (Type, Model, Year): 2017 Subaru Forester (License Number and State): Y3588821 CA
02 Person to Be Restrained (Name): David Lozano

Sex: 8 M F Height: 5'7" Weight: 150 Race: Hispanic
Residence Address: 2964 Silver Estates
City: San Jose State: CA Zip: 95135 Telephone: 408-819-4350
Business Address:
City: State: Zip: Telephone:
Employer:
Occupation/Title: Work Hours:
Driver's License Number and State: Social Security Number:
Vehicle (Type, Model, Year): (License Number and State):
Describe any marks, scars, or tattoos:
Other names used by the restrained person:
03 Guns or Firearms 0
Describe any guns or firearms that you believe the person in 2 owns or has access to
(Number, types, and locations):
04 Other People to Be Protected

Name Date of Birth Sex Race
Relation to
0
Person in 1
Additional persons to be protected are listed on Attachment 4.
This is not a Court Order—Do not place in court file.

New January 1, 2012, Mandatory Form Confidential CLETS Information CLETS-001, Page 1 of 1
Cal. Rules of Court, rule 1.51
Manuel F. Martinez
Attorney at Law
January 26, 2023
By Personal Service
URGENT
Ishmael Garcia
c/o Cinthia Ruezga
1574 Kooser Rd Apt 17
Dear Ishmael Garcia,
District is seeking a Workplace Violence Restraining Order against Ishmael Garcia for
physically attacking a District employee on January 13, 2023. Please note that we are going to
also seek a Temporary Restraining Order against Ishmael Garcia, and that the District will be
filing the request for a Temporary Restraining Order with the court at the following time and
place:
Time: 8 a.m.

papers that explain the incident, the injuries caused by Ishmael Garcia, and the actions that the
Ishmael Garcia
January 26, 2023
Page 2
Sincerely,
LOZANO SMITH
Manuel F. Martinez
MFM/cd
Enclosures

information.)
Telephone: (925) 953-1620 Fax: (925) 953-1625

Full Name: Ishmael Garcia Age: 14
Address (if known): 1574 Kooser Rd. Apt. 17

Yes No
Yes No
Yes No

Case Number:


No relationship.
6 Venue
c. Other (specify):
7 Other Court Cases

(6) Eviction
(7) Guardianship
(8) Small Claims
(10) Criminal

Case Number:

San Jose, CA 95118

Case Number:

f. Other (specify):
children.
children.

Case Number:

section 16531).
control.




Case Number:
14 0 No Fee for Filing

0 ❑ No Fee to Serve Orders

I ask the court to order the sheriff or marshal to serve the respondent with the others for free because this request
0 El Court Costs
0 ❑
I ask the court to make the following additional orders (specib):
Date: 1/25/23
Manuel F. Martinez
Lawyer's name (if any) Lawyer's signature
Date: 1/25/23
Scott Boggs
Name ofpetitioner Signa u
Principal
Title

Rev. January 1.2023 WV-100, Page 6 of 6
2 LOZANO SMITH
Telephone: (925) 953-1620
4 Facsimile: (925) 953-1625
5

11
Tel 925-953-1620 Fax 925-953-1625
12
LOZANO SMITH
13

Time: TBD
Judge: TBD
19
20 ATTACHMENT 8C
24 violence.
28
RESTRAINING ORDERS

Tel 925-953-1620 Fax 925-953-1625
LOZANO SMITH
26
27 1
28
RESTRAINING ORDERS
Tel 925-953-1620 Fax 925-953-1625
LOZANO SMITH
13
26
27 2
28
RESTRAINING ORDERS
5 this Court.
6 Discussion
Tel 925-953-1620 Fax 925-953-1625
LOZANO SMITH
20 § 527.8, subd. (b)(7).)
24 Code, § 242.)
27
28
RESTRAINING ORDERS
Tel 925-953-1620 Fax 925-953-1625
12 18-19, and 23.)

LOZANO SMITH
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESTRAINING ORDERS
2 LOZANO SMITH
Telephone: (925) 953-1620
4 Facsimile: (925) 953-1625
5

11
Tel 925-953-1620 Fax 925-953-1625
12
LOZANO SMITH
13

Time: TBD
Judge: TBD
19
20 ATTACHMENT 8D
28
RESTRAINING ORDERS
9
10
11
Tel 925-953-1620 Fax 925-953-1625
12
LOZANO SMITH
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESTRAINING ORDERS
7 California 95118.
27
28
11 return.

In
14 the District.
N
'O
17 recorded.
28
9 Scott Boggs,
Principal
'F7
c'S 11
'C
1 -12
U S,
— =N13
N 14
< 0.
N.• eo
o s 15
19
20
21
22
23
24
25
26
27
28
8 Exhibit A

Tel 925-953-1620 Fax 925-953-1625
12
LOZANO SMITH
13
14
Exhibit B
15
16
Password: UnionSD23
17
18
19
20
21
22
23
24
25
26
27
28
26 sidewalk.
27
28
7 ground.
23 to the touch.
27
28

4 CAA-s
5
Teacher
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Telephone: (925) 953-1620 Fax: (925) 953-1625


give an estimate.)
L Case Number:
*Full Name: Ishmael Garcia *Age: 14 Date of Birth: 5/5/2008

*Gender: X M F Nonbinary Home Address: 1574 Kooser Rd. Apt. 17

Yes No
10 Yes 0 No
Yes No
05 Expiration Date

Approved by DOJ
Case Number:
To the Respondent:
both.
0
on the petitioner.
07 Stay-Away Order

Case Number:

(3) Ammunition.
c. You must:
with this Order.
09 Other Orders
To the Petitioner:

into CARPOS.
enter into CARPOS:

Case Number:

Ordered Not Ordered

Date:
Judicial Officer

0


Case Number:

hearing.


page 1.


Case Number:

§§ 6383(h)(2), 6405(b)):

ATTACHMENT FM-1013

CASE NUMBER:
RESPONDENT: Ishmael Garcia
DEPARTMENT NUMBER:
FCS NUMBER:

c. other (explain):
Party/Attorney name: Ishmael Garcia
Address/Telephone number: 1574 Kooser Rd. Apt. 17, San Jose, CA 95118
5. NOTICE
in the case;
ATTACHMENT FM-1013
Other:
ATTACHMENT FM-1013
INSTRUCTIONS
SECTION #1
SECTION #2
SECTION #3
SECTION #5a.
SECTION #5c.
CONFIDENTIAL

Information Form
(amended) form.

02 Person to Be Restrained (Name): Ishmael Garcia

Sex: 8 M F Height: 5'5" Weight: 125 Race: Hispanic
Residence Address: 1574 Kooser Rd. Apt. 17
Business Address:
Employer:

Relation to
0
Person in 1

Manuel F. Martinez
Attorney at Law
January 26, 2023
By Personal Service
URGENT
Daizy Lozano
c/o Shawna Stevenson
2964 Silver Estates
Dear Daizy Lozano,
District is seeking a Workplace Violence Restraining Order against Daizy Lozano for physically
attacking a District employee on January 13, 2023. Please note that we are going to also seek a
Temporary Restraining Order against Daizy Lozano, and that the District will be filing the
request for a Temporary Restraining Order with the court at the following time and place:
Time: 8 a.m.

papers that explain the incident, the injuries caused by Daizy Lozano, and the actions that the

Daizy Lozano
January 26, 2023
Page 2
Sincerely,
LOZANO SMITH
Manuel F. Martinez
MFM/cd
Enclosures

information.)
Telephone: (925) 953-1620 Fax: (925) 953-1625

Full Name: Daizy Lozano Age: 13
Address (if known): 2964 Silver Estates

Yes No
Yes No
Yes No

Case Number:


No relationship.
6 Venue
c. Other (specify):
7 Other Court Cases

(6) Eviction
(7) Guardianship
(8) Small Claims
(10) Criminal

Case Number:

San Jose, CA 95118

Case Number:

f. Other (specify):
children.
children.

Case Number:

section 16531).
control.




Case Number:
0 El No Fee for Filing

0 ❑ No Fee to Serve Orders

I ask the court to order the sheriff or marshal to serve the respondent with the others for free because this request
0 111 Court Costs

0 ❑
I ask the court to make the following additional orders (speein):
Date: 1/25/23
Manuel F. Martinez
Lawyer's name (f any) Lawyer's signature
Date: 1/25/23
Scott Boggs
Name ofpetitioner Signature
Principal
Title

Rev. January 1. 2023 WV-100, Page 6 of 6
2 LOZANO SMITH
Telephone: (925) 953-1620
4 Facsimile: (925) 953-1625
5

11
Tel 925-953-1620 Fax 925-953-1625
12
LOZANO SMITH
13

Time: TBD
Judge: TBD
19
20 ATTACHMENT 8C
24 violence.
28
RESTRAINING ORDERS

Tel 925-953-1620 Fax 925-953-1625
LOZANO SMITH
26
27 1
28
RESTRAINING ORDERS
Tel 925-953-1620 Fax 925-953-1625
LOZANO SMITH
13
26
27 2
28
RESTRAINING ORDERS
5 this Court.
6 Discussion
Tel 925-953-1620 Fax 925-953-1625
LOZANO SMITH
20 § 527.8, subd. (b)(7).)
24 Code, § 242.)
27
28
RESTRAINING ORDERS
Tel 925-953-1620 Fax 925-953-1625
12 18-19, and 23.)

LOZANO SMITH
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESTRAINING ORDERS
2 LOZANO SMITH
Telephone: (925) 953-1620
4 Facsimile: (925) 953-1625
5

11
Tel 925-953-1620 Fax 925-953-1625
12
LOZANO SMITH
13

Time: TBD
Judge: TBD
19
20 ATTACHMENT 8D
28
RESTRAINING ORDERS
9
10
11
Tel 925-953-1620 Fax 925-953-1625
12
LOZANO SMITH
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESTRAINING ORDERS
7 California 95118.
27
28
11 return.

In
14 the District.
N
'O
17 recorded.
28
9 Scott Boggs,
Principal
'F7
c'S 11
'C
1 -12
U S,
— =N13
N 14
< 0.
N.• eo
o s 15
19
20
21
22
23
24
25
26
27
28
8 Exhibit A
Tel 925-953-1620 Fax 925-953-1625
12
LOZANO SMITH
13
14
Exhibit B
15
16
Password: UnionSD23
17
18
19
20
21
22
23
24
25
26
27
28
26 sidewalk.
27
28
7 ground.
23 to the touch.
27
28

4 CAA-s
5
Teacher
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Telephone: (925) 953-1620 Fax: (925) 953-1625


give an estimate.)
LCase Number:
*Full Name: Daizy Lozano *Age: 13 Date of Birth: 1/25/2010

*Gender: M  F Nonbinary Home Address: 2964 Silver Estates

Yes No
Yes No
Yes No
05 Expiration Date

Approved by DOJ
Case Number:
To the Respondent:
both.
0
on the petitioner.
07 Stay-Away Order

Case Number:

(3) Ammunition.
c. You must:
with this Order.
09 Other Orders
To the Petitioner:

into CARPOS.
enter into CARPOS:

Case Number:

Ordered Not Ordered

Date:
Judicial Officer

0


Case Number:

hearing.


page 1.


Case Number:

§§ 6383(h)(2), 6405(b)):

ATTACHMENT FM-1013

CASE NUMBER:
RESPONDENT: Daizy Lozano
DEPARTMENT NUMBER:
FCS NUMBER:

c. other (explain):
Party/Attorney name: Daizy Lozano
Address/Telephone number: 2964 Silver Estates, San Jose, CA 95135
5. NOTICE
in the case;
ATTACHMENT FM-1013
Other:
ATTACHMENT FM-1013
INSTRUCTIONS
SECTION #1
SECTION #2
SECTION #3
SECTION #5a.
SECTION #5c.
CONFIDENTIAL

Information Form
(amended) form.

02 Person to Be Restrained (Name): Daizy Lozano

Sex: M 8 F Height: 5'0" Weight: 90 Race: Hispanic
Residence Address: 2964 Silver Estates
Business Address:
Employer:

Relation to
0
Person in 1


David Lozano 19709022 (SR790053xD9697)

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CM-010

CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:

O Unlimited O8 Limited O Counter O Joinder

Items 1–6 below must be completed (see instructions on page 2).

Wrongful termination (36) Writ of mandate (02)

January 26, 2023

Re: Notice of Ex Parte Filing of Workplace Violence Restraining Order

Dear David Lozano,

Date: Monday, January 30, 2023

Location: Santa Clara County Superior Court

Limited Liability Partnership

and is filing this suit on behalf of the employee identified in item 2 .

3 Respondent (Person From Whom Protection Is Sought)

4 Additional Protected Persons

Additional protected persons are listed in Attachment 4a.

This is not a Court Order.

4 b. Why do these people need protection? (Explain):

5 Relationship of Employee and Respondent

7 Other Court Cases

This is not a Court Order.

8 Description of Respondent's Conduct

This is not a Court Order.

Check the orders you want þ

This is not a Court Order.

11 Firearm (Guns), Firearm Parts, and Ammunition

12 8 Temporary Restraining Order

Reasons are stated in Attachment 12.

13 Request for Less Than Five Days' Notice of Hearing

This is not a Court Order.

0 El No Fee for Filing

CI ❑I askNotheFee to Serve Orders

0 Number of pages attached to this form, if any: 16

This is not a Court Order.

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 COUNTY OF SANTA CLARA

16 Respondents. Date: TBD

3 on school property (Respondents 1, 2, and 3 are referred to collectively as “Respondents”). (Dec. of

9 Tracy, ¶ 3; Dec. of Boggs, ¶¶ 5, 25, 27-32, Exhibit A.)

8 35; Dec. of Boggs, ¶¶ 12, 26-33, Exhibit B.)

17 workplaces of the employer.” (Code Civ. Proc., § 527.8, subd. (a).)

22 the person of another. (Pen. Code, § 240.)

25 A temporary, and permanent, restraining order is necessary to protect Petitioner’s students,

3 In this instance, Respondents inflicted physical injury on Petitioner’s employee because

12 18-19, and 23.)

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 COUNTY OF SANTA CLARA

16 Respondents. Date: TBD

2 I, Scott Boggs, declare as follows:

4 would competently testify to these facts under oath.

5 2. I am over 18 years of age and not a party to this action.

8 4. I am employed as the Principal at Dartmouth Middle School ("Dartmouth") in the Union

9 School District ("District").

X12 families were entering and leaving Dartmouth property.

X15 parking lot entrance.

19 "choke hold" position, by a person wearing a black hoodie.

26 out loud, and then walked away with Daizy.

3 the welt on his cheek hurt.

6 marks on his neck.

16 for the severity of their actions.

21 Dartmouth student, named Wendy Martinez.

23 Dartmouth student, named Elena.

26 District school, Noddin Elementary School.

8 Dartmouth Drive, San Jose, California 95118.

12 Dartmouth Drive, San Jose, California 95118.

Full Name: David Lozano Age: 15 Date of Birth: 11/7/2007