• CASE NUMBER: 2013-6-CP-001351...

CASE NUMBER: 2013-6-CP-001351 Dennis J. Kazubowski, State Bar Number: 144631, LAW OFFICE OF DENNIS J. KAZUBOWSKI, 715 North First Street, Suite 21, San Jose, CA 95112; TELEPHONE NO.: (408) 280-7671 FAX NO.: (408) 280-6591 LegalWz@msn.com; ATTORNEY FOR Petitioner Philip D. Solaiza SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 201 North First Street, 191 North First Street, San Jose, CA 95113 BRANCH NAME: Family Justice Center PETITIONER/PLAINTIFF: PHILIP D. SOLAIZA RESPONDENT/DEFENDANT: JENNIFER Y. PADILLA ORDER ON REQUEST TO CONTINUE HEARING 1. The hearing is currently scheduled for (date): December 12, 2017 2. Name of party who filed the Request for Order, Order to Show Cause, or other matter is (specify): 3. Name of party asking to continue the hearing is (specify): Philip D. Solaiza 4. The request to continue [X] includes temporary emergency (ex parte) orders previously issued. 5. UNCHECKED 6. Order granting request to continue hearing and notice of new hearing a. The court hearing is continued to the date, time, and location shown below: New Hearing Date: 2/22/18 Time: 9 AM Dept.: 78 Room: Address of court: Same as noted above b. By granting the continuance, any temporary emergency (ex parte) orders previously issued remain in effect until (1) the end of the new hearing in 6a. 7. Reason for the continuance a. The continuance is needed because (1) the papers could not be served as required before the hearing date. (2) the parties need to attend child custody mediation or child custody recommending counseling before the hearing. (3) UNCHECKED (4) Other good cause as stated Petitioner is seeking an Order for Publication of the Request for Order b. The court finds good cause and orders a continuance in its discretion. 8. Temporary emergency (ex parte) orders a. No temporary emergency (ex parte) orders were changed. The Temporary Emergency Orders were Denied -on 9/26/2017 b. UNCHECKED c. UNCHECKED 9. Service of order a. UNCHECKED b. UNCHECKED c. UNCHECKED d. Other orders regarding service (specify): Petitioner is seeking an Order for Publication of the Documents listed in 10 on the Respondent 10. Documents for service A filed copy of this order (form FL-307) must be presented as the cover page to the following documents when served: a. A copy of the previously filed Request for Order, Order to Show Cause, or other moving paper b. A copy of the extended or modified Temporary Emergency (Ex Parte) Orders (form FL-305) c. UNCHECKED 11. UNCHECKED 12. UNCHECKED Date: 12/12/17 STUART J. SCOTT, JUDICIAL OFFICER ***************************** CASE NUMBER: 613CP001351 Philip Solaiza, 871 So. 9th St., San Jose, CA 95112 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA FAMILY JUSTICE CENTER COURTHOUSE 201 North First Street 191 North First Street San Jose, CA 95113 PETITIONER: Philip Solaiza RESPONDENT: Jennifer Y Padilla REQUEST FOR ORDER CHANGE; TEMPORARY EMERGENCY ORDERS; Child Custody; Visitation (Parenting Time) NOTICE OF HEARING 1. TO (name(s)): Jennifer Y Padilla, Respondent 2. A COURT HEARING WILL BE HELD AS FOLLOWS: a. Date: 10/31/17 Time: 9AM Dept.: 78 3. WARNING to the person served with the Request for Order: The court may make the requested orders without you if you do not file a Responsive Declaration to Request for Order (form FL-320), serve a copy on the other parties at least nine court days before the hearing (unless the court has ordered a shorter period of time), and appear at the hearing. (See form FL-320-INFO for more information.) COURT ORDER It is ordered that: 4. UNCHECKED 5. UNCHECKED 6. UNCHECKED 7. The orders in Temporary Emergency (Ex-Parte) Orders (form FL-305) apply to this proceeding and must be personally served with all documents filed with this Request for Order. 8. UNCHECKED (DENIED PENDING HEARING) Each party is ordered to complete Parent Orientation immediately by contacting FCS at 1(408) 534-5760 or by completing orientation on-line at http://goo.gl/viKxR1 Date: SEP 21 2017, STUART J. SCOTT, JUDICIAL OFFICER ***************************** REQUEST FOR ORDER 1. UNCHECKED 2. CHILD CUSTODY I request temporary emergency orders a. I request that the court make orders about the following children (specify): Legal Custody to (person who decides: health, education. etc): Philip D. Solaiza Physical Custody to (person with whom child lives): Philip D. Solaiza Philip D. Solaiza 5/12/2010 Jeremiah K. Solaiza 11/9/2012 b. The orders I request for [X] child custody (1) Specified in the attached forms: Form FL-305 (2) UNCHECKED c. The orders that I request are in the best interest of the children because (specify): Attachment 2c d. This is a change from the current order for child custody; visitation (parenting time). (1) The order for legal or physical custody was filed on (date): April 17, 2014. The court ordered (specify): Joint legal custody, Physical to Respondent. (2) The visitation (parenting time) order was filed on (date): April 17, 2014. The court ordered (specify): To petitioner 1st, 3rd, 4th and 5th weekend of the month from Friday 7pm - Sunday 7pm. Modification to pick up/drop of by mutual agreement of the parties. Additional time to Father, mutually agreed upon by parties 3. UNCHECKED 4. UNCHECKED 5. UNCHECKED 6. UNCHECKED 7. UNCHECKED 8. UNCHECKED 9. UNCHECKED 10. FACTS TO SUPPORT the orders I request are listed below. The facts that I write in support and attach to this request cannot be longer than 10 pages, unless the court gives me permission. Attachment 10 I declare under penalty of perjury under the laws of the State of California that the information provided in this form and all attachments is true and correct. Date: 9/20/17 Philip D Solaiza ***************************** DECLARATION In 2014 shortly after the court filing Jennifer left my son Philip Solaiza III with me and moved my son, Jeremiah to Utah with out my consent/agreement. I've had full physical and legal custody of my son Philip since 2014. I enrolled him into Kindergarten, he is now in 2nd grade and excelling in his education. I had not seem my son Jeremiah for approximately 1.5 years from her moving out of state. I was finally able to visit with my son on March 22, 2017 during her visit to California. On July 17, 2017, while I was at work, I received a a text at 4pm from the Respondents sister, Leticia stating "Hi will you be able to pick JJ up? Otherwise I need to know. Jen has a flight to catch soon (to Las Vegas). Please reply ASAP". I wasn't aware my son was in town, nor did she at any time notify me she would be leaving my son with me. I of course picked up my son and he has been in my care since. I've added him to my Medi-cal and am awaiting our cards so i can schedule his appointment to receive his 4 year shots to get him into pre-school. My son Jeremiah is 4 years old and has a word vocabulary of less than 20 words. Since I've had him his speech has improved and his bond with his brother reunited. Since leaving California I've not know where nor who my son Jeremiah has been living with. At no time has Jennifer notified me of my sons residence. I'm asking the courts to take the following into consideration, to do what is best for my boys. She violated the Courts Judgment on my visitation with Jeremiah. She moved my son Jeremiah out of State without my consent and has never provided me the location/residence. She is unable to provide my boys a safe, secure and stable environment. I believe there is potential abuse by Jennifer's boyfriend Marcus Brooke. This is based off the emotional issues my son Philip has encountered with him. Please reference Rebekah's children services, client ID 30003411. My boys suffer separation, emotional issues each time she leaves them then separates them from each other. What I can provide my children: I can provide my boys their own room in a safe and loving home. Child care with my Grandmother, Pre-School for my son Jeremiah, a loving family support group and I'm employed full time. In closing, I'm not seeking child support from Jennifer, she has a new born to care for. I'm pleading with the courts to give me custody of my boys so I can provide them a future with opportunities in a stable, safe home I declare under penalty of perjury under the laws of the State of California that the information provided in this form and all attachments is true and correct. Date: 9/20/17 Philip D Solaiza, Petitioner ***************************** DECLARATION I'm requesting emergency custody of my sons because I'm concerned with their safety and well being. Jennifer is unable to provide them a stable and safe environment. I declare under penalty of perjury under the laws of the State of California that the information provided in this form and all attachments is true and correct. Date: 9/20/17 Philip D Solaiza, Petitioner PUB: Jan. 5, 12, 19, 26, 2018 LV Review-Journal
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PostedJanuary 05, 2018