Response to Request for Civil Harassment Restraining Orders cH-120 date here when form is filed. E-FILED 9/27/2019 12:46 PM Superior Court of California County of Fresno By: J. Nelson, Deputy Use this form to respond to the Reguest (form CH-100) . Read How Can I Respond to a Requestfor Civil Harassment . . O Restraining Orders? (form CH-120-INFO) to protect your rights. Fill out this form ar,rd take it to the court clerk. Have someofle age 18 or older-not you-serve the person in @ or his or her lawyer by mail with a copy of this form and any attached pages. (Useform CH-250, Proof of Service of Response by Mail) Person Seeking Protection Fu[1 namc of pcrson seeking protection (see form C'H-100, item@): Fill in courl name and stree/ address: Natale M. Herrera Superior Court of California, County of Person From Whom Protection ls Sought a. b. Fresno-Civil Division Your Name: Terry Slatic, Fresno Unified School District Board TrustqE 1130 "O" Street, 4th Floor Your Lanyer (if .1,otr kuve or'te.fbr thi.s c'ase) Fresno, CIt.93724 Namc: Michael A. Goldfbdcr State Bar No.:162381 The Honorable Noelle Pebet Firm Name:Law Office of Michael A. Goldfeder Coutt fills in case number when form is filed. Your Addrcss (l/'you ltave o latvt,er, give .t;out' /aw,rer'.s information. lf 1,ou do nol httve a lawyer ancl v,unt to keep vctur honte udclre.s.s private, you n1o): give a c{if/brent n'tailing addre.s,s in,stead. Yctu do not huve to give telephone, f'ax, or. e-n'tuil.) State;ss Zip: 90245 Segundo Tclcphonc: 3 1 0-31 1-j 0l t F ax: 6jB-215-42j2 E-mai1 Address : rn i chac I goldfeder(li) cmail. com fa\ \:/ * Personal Conduct Orders a. I b. tr from form CH-109 itcm@hcrc: Date: l0-j- 2019 Tirne: 1:30 p.m. Hearing Room: At the hcaring, thc court rnay makc against you that last for up to fivc ycars. I do not agrec to thc ordcrs rcqucstcd. I agree to thc fbllowing Dept.;404 Date f you were served with a Temporary Order, you must obey it until the I agrcc to the orders requested. (Spec'il1' v'k.1'1'611 disugree in item c. tr 19CECG02608 Prcscnt your response and any opposition at thc hcaring. Writc lrour hcaring date, time. and place Address: 400 Continental Borilevard, 6th Floor City:E1 Case Number: @ rg. on page 3.) orders (Speci/,t, belotv or in itent@ on page 3.) orders @ fa. Stay-Away I agree to thc ordcrs rcquested. n b. E c. I I do not agrec to the orders requested. 6peci/1, why you disugree in item I agree to the following ordcrs (spec'ifl,bclott'or in itent@ @ on ltcrge 3.) on page 3l; Protected Persons @ na. A.dditional I agrcc that the persons listeci in item@of fbrm CH-100 may bc protectcd by thc ordcr rccluested. U b. n I do not agree that thc pcrsons listcd in item @ of furm CH- I 00 may Judicial Council of Cal$onia ww.caufts.ca.gav Revised January 1 2018, Mandatory Form Code of Clvil Procedure, SS 527 .6 and 527.9 be protected by the order requestecl. Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 1 of4 -> Case Number: C€{Gcz;c @ Cuns or Other Firearms and Ammunition If you were served with form CII-I10, Temporury Restruining Order, you cannot otryn or possess any guns, other firearms, or ainmunition. (See item @ of form CH-l10.) You must sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms in your immediate possession or control within 24 hours of being served with form CH-110. You must file a receipt with the court. You may use form CH-800, Proof of Firearms Turned In, Sold or Stored, for the receipt. n b. I a. I do not owrl or control any guns or firearms. I ask for an exemption from the firearms prohibition under Code of Civil Procedure section 527.9(D because carrying a firearm is a condition of my employment, and my employer is unable to reassign me to another position where a firearm is unnecessary. @xplain): A Check here if there is not enough space below for your answer. Put your complete answer on an attached sheet of paper and write "Attachment 6b-Firearms Surrender Exemption" qs a title. You may useform MC-025, Attachment. c. I 6 I Possession and Protection of Animals tr I agree to thc orders b. n C. tr I do not agree to the ordcrs rcqr-rcsted. (Specif'x'hy 1,1111 di.sugree in item @on page I agrcc to the follorving ordcrs (,spec'ifi, beloy'or. in itent @ on page 3l; a. fg) I have tnrned in m-v guns and firearms to the police or sold thcm to or storcd thcm u,ith a liccnscd gun dcalcr. A copi, of the receipt f is attached. f, has already becn trlcd with thc coun. requestecl. 3.1 rg other orders a. E I agree to the ordcrs rcquested. b E c. I A ft \--l * I dcr not agree to the ordcrs rcciucstcd. (Spet:4fi'tt'h1,y'ou di.sagree in itetu @ on page I agrcc to the fbllowing orders (spec:ift,beloy, or in item @ on page 31; 3.1 Denial I did not do anything described in itcm @ of fom CIH-100. (Skip ro@ Revlsed January 1, 2018 .) Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page2of4 -> Case Number: lq {€coa'ZGeti E Justification or Excuse lf I did some or all of the thrngs that the pcrson in @ the following reasons Z @ has accused me of. my actions rvere justified or crcuscd fbr krplainl; Check here if'there is not enoughspcrc'e belor'.fbryour an.nter. Putvour c'ontplete dn.\r'er on un atloc'hed sheet qf paper and ttrite "Attochment l0-Justi/it'ttlion or E.rcuse" as a title. You nta)'u.se.fornt llc-)25, Attachment. m Reasons I Do Not Agree to the Orders Requested Explain yotrr" culsv'er:i to each orcler recluested thctt you tlo not agree v'irh. 8 Checkhereif'therei.snotenoughsltuc'ebelov,.ft.n't,otrt'Lttls1.t'er.PLrlt'rtrcompleteanslreronanatlat'hetl sheel paper ancl w'ite "Atlac'hment I l--Reasons I Disagree" as u title. You moy use.fbrm MC-025, Attachmcnt. ctJ Revlsed January 1,2018 Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-1 20, Page 3 of 4 -> To keep other people from seeing what you entered on your form, please press the Clear This Form button at the end of the form when finished. MC-025 CASE NUMBER: SHORT TITLE: Herrera v. Slatic 19CECG02608 ATTACHMENT (Number): 1 (This Attachment may be used with any Judicial Council form.) As a duly elected Board member to the Fresno Unified School District I am familiar with the policies of the District as it relates to students "bullying", threatening, and most prevalent engaging in emotional carnage against other students of the District on various social media platforms. A zero tolerance policy is in place at all FUSD campuses. An immature incident involving two members of the Bullard High School Cheerleading program who engaged in off campus activity that was uploaded to social media platforms was inappropriate, and reflected badly on the program. Those members of the program were disciplined by the Supervisory Staff of Bullard High School and the matter was considered handled to conclusion and officially closed. Unfortunately, several "other" individuals within the Cheerleading program apparently were not accepting of the discipline imposed by the FUSD Staff. Instead of moving on, they have taken it upon themselves to engage in a course of conduct vilifying and attacking those disciplined individuals. Such punitive measures undertaken by several "rogue" members of the Cheerleading program on an Ad Hoc basis is a direct violation of the guidelines set forth in the 2019-20120 Bullard High School Pep and Cheer Sideline Handbook ( AKA: Cheerleader Code of Conduct"). In fact, these "rogue" members of the Cheerleading program have engaged on an onslaught of loathsome behavior to vilify, attack, and met out their own punishment on social media platforms with a menacing campaign grounded in scornful hate and venomous contempt. Such overt "Bullying" on social media platforms spews nastiness, is wrongful, and cannot be condoned in any form or fashion. Even more despicable is that these "Cowardly" postings were made under fake avatars using anonymous accounts, consistent with typical "Abusers" who choose to terrorize from afar as they enjoy the power to torment other individuals secure from any consequences being imposed as they hide in the shadows. That is the context which compelled me reach out to the Cheerleading program as a very proud father of a former cheerleader who values the benefits of this team sport, in order to preserve this program by inculcating all of the members who were obviously unaware that the Superintendent was of the mindset to eliminate the program altogether as a way to protect students from "Bullying" and ending the carnage taking place nonstop on social media platforms. Unbeknownst to me at the time I spoke to the members of the Cheerleading program, I found out later that the program director took it upon herself to illegally and surreptitiously record this meeting without the consent of myself or anyone else in attendance. Given the fact these cheerleaders were "minors" under the law, illegally recording a juvenile is an outrageous act by an adult that ought to know better. A blatant violation of the Invasion of Privacy Act codified under Penal Code Section 630 et seq. This illegal recording was disseminated to various media outlets by said individual in the hopes of casting aspersions on my duties as a Board member. I will be playing this recording at the hearing as it will not only expose the request for a TRO that was filed in this case as an utter sham pleading devoid of any legal legitimacy, but further amplify the fact it was undertaken in bad faith for purely political purposes. Frankly, it is frivolous pleading that has clogged the limited resources of the Superior Court and curtailed this court from hearing legitimate TRO matters. The criminal recording depicts me speaking in a calm manner throughout with no raising of my voice, no inappropriate language being used, and there was even a question and answer exchange near the end of the meeting between the cheerleaders and myself. It is patently obvious that the entire TRO is utterly devoid of any and all merit. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Attachment are made under penalty of perjury.) Form Approved for Optional Use Judicial Council of California MC-025 [Rev. July 1, 2009] Page Save This Form of 1 (Add pages as required) ATTACHMENT to Judicial Council Form For your protection and privacy, please 1 www.courtinfo.ca.gov Print This Form Clear This Form To keep other people from seeing what you entered on your form, please press the Clear This Form button at the end of the form when finished. MC-025 CASE NUMBER: SHORT TITLE: Herrera v. Slatic 19CECG02608 ATTACHMENT (Number): 1 (This Attachment may be used with any Judicial Council form.) As a duly elected Board member to the Fresno Unified School District I am familiar with the policies of the District as it relates to students "bullying", threatening, and most prevalent engaging in emotional carnage against other students of the District on various social media platforms. A zero tolerance policy is in place at all FUSD campuses. An immature incident involving two members of the Bullard High School Cheerleading program who engaged in off campus activity that was uploaded to social media platforms was inappropriate, and reflected badly on the program. Those members of the program were disciplined by the Supervisory Staff of Bullard High School and the matter was considered handled to conclusion and officially closed. Unfortunately, several "other" individuals within the Cheerleading program apparently were not accepting of the discipline imposed by the FUSD Staff. Instead of moving on, they have taken it upon themselves to engage in a course of conduct vilifying and attacking those disciplined individuals. Such punitive measures undertaken by several "rogue" members of the Cheerleading program on an Ad Hoc basis is a direct violation of the guidelines set forth in the 2019-20120 Bullard High School Pep and Cheer Sideline Handbook ( AKA: Cheerleader Code of Conduct"). In fact, these "rogue" members of the Cheerleading program have engaged on an onslaught of loathsome behavior to vilify, attack, and met out their own punishment on social media platforms with a menacing campaign grounded in scornful hate and venomous contempt. Such overt "Bullying" on social media platforms spews nastiness, is wrongful, and cannot be condoned in any form or fashion. Even more despicable is that these "Cowardly" postings were made under fake avatars using anonymous accounts, consistent with typical "Abusers" who choose to terrorize from afar as they enjoy the power to torment other individuals secure from any consequences being imposed as they hide in the shadows. That is the context which compelled me reach out to the Cheerleading program as a very proud father of a former cheerleader who values the benefits of this team sport, in order to preserve this program by inculcating all of the members who were obviously unaware that the Superintendent was of the mindset to eliminate the program altogether as a way to protect students from "Bullying" and ending the carnage taking place nonstop on social media platforms. Unbeknownst to me at the time I spoke to the members of the Cheerleading program, I found out later that the program director took it upon herself to illegally and surreptitiously record this meeting without the consent of myself or anyone else in attendance. Given the fact these cheerleaders were "minors" under the law, illegally recording a juvenile is an outrageous act by an adult that ought to know better. A blatant violation of the Invasion of Privacy Act codified under Penal Code Section 630 et seq. This illegal recording was disseminated to various media outlets by said individual in the hopes of casting aspersions on my duties as a Board member. I will be playing this recording at the hearing as it will not only expose the request for a TRO that was filed in this case as an utter sham pleading devoid of any legal legitimacy, but further amplify the fact it was undertaken in bad faith for purely political purposes. Frankly, it is frivolous pleading that has clogged the limited resources of the Superior Court and curtailed this court from hearing legitimate TRO matters. The criminal recording depicts me speaking in a calm manner throughout with no raising of my voice, no inappropriate language being used, and there was even a question and answer exchange near the end of the meeting between the cheerleaders and myself. It is patently obvious that the entire TRO is utterly devoid of any and all merit. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Attachment are made under penalty of perjury.) Form Approved for Optional Use Judicial Council of California MC-025 [Rev. July 1, 2009] Page Save This Form of 1 (Add pages as required) ATTACHMENT to Judicial Council Form For your protection and privacy, please 1 www.courtinfo.ca.gov Print This Form Clear This Form 1 DECLARATION OF MICHAEL A. GOLDFEDER 2 I, Michael A. Goldfeder, declare and state as follows: 3 1. I am over the age of 18 and Co-Counsel of record for Respondent 4 Terrence “Terry” Slatic in the within action titled: Natale M. Herrera v. Terry Slatic, 5 Case No. 19CECG02608 filed in the Fresno Superior Court-Civil Division. 6 7 8 9 10 11 12 2. I make this declaration in support of the opposition response to the Petitioner’s request for a civil harassment restraining order. 3. The facts stated in this declaration are based upon my personal knowledge and if called to appear as a witness in this matter I would testify to the following: 4. Attached as Exhibit A are five (“5”) pages taken from the 2019-2020 “Bullard High School Pep and Cheer Sideline Handbook.” 13 14 I declare under penalty of perjury, under the laws of the State of California, that the 15 foregoing is true and correct. 16 17 Executed this 27th day of September, 2017 at El Segundo, California. 18 19 efile signature /s/ Michael A. Goldfeder 20 21 22 23 24 25 26 27 28 Michael A. Goldfeder, Attorney at Law 400 Continental Boulevard, 6th Floor El Segundo, CA. 90245 DECLARATION OF MICHAEL A. GOLDFEDER 1 Exhibit A 20 0-2021} l Bullm'd High School Pep Se Sideiine Mission Statement: lm-uh'emcm En the Bullnrd learning outcomes I’cp and Cheer program lhal contribute Cheer Handbook shall provide Inward the development ul' members with educational experiences and the attributes of academic success, sclf-discipline, and 800d Cifizcnship. The educational process should be enhanced. not compromised through participation in Ballard Pep and Cheer. Our spirit teams shall serve as a supporl group l'nr the intcrscholastic athletic program boost and play a very important role in the administration ofuthlclicsfuctivitics contesks. Squads will strive m promote good sportsmanship, develop posiiive crowd involvement and hcip student participams and spectaiors achieve the most worthwhile educational objectives of lhc inlcrscholastic program. ln being onc ohhc most Visible and recognizable representatives of the school, Bullard Pep and Cheer members shall be SChOO] Spirit, dedicated to demonstrating the highest standards of conduct through positive personal behavior and squad cohesiveness. Cheerleaders are expected lo be mentally and physically fit and athletically skilled in the field 0f cheerleading. They are first and foremost representatives of their school. Because of these responsibilities, members of the cheerleading squad will be expected to maintain a higher standard of behavior both on and off campus than that of lhcir peers. In or out of uniform. cheerleaders are representatives of BHS Pep & Cheer program and the school. I‘he :0 1 BHS Pep 8: Cheer coaching staffis looking forward KNIGHTS! ce rely, Alvarado to a successful 2019/2020 season. other Bulfard may harm my teammates or coaches; comments that Creating a serious danger t0 the safety 0f another person or violation if the it will be the cheerleader’s responsibility to tell the hrafidbqolgfiinal-decisions regarding demerits will be made by the director and school administration. The director and coaches reserve parent and keep up with the number of demerits that she has obtained. outlined in the BHS Pep and Cheer the rightlto issue demerits for unacceptable situations which are not cheerleader will sign off on each demerit given, and BHS pep and Demerits will be issued to squad members who fail to abide by the rules as specified in the demerits. The cheer handbook cheer. Director and coaches have the sole responsibility for assigning 0r intentional. or weapons; or making a credible threat 0f knowledge of an unreported school or team violation—regardless was unintentional Indicating serious physical 0r emotional injury to another person. full underage drinking, smoking, harassment; possessing, or using controlied substances; possessing, or using illegal any other inappropriate behaviors. selling, partial nudity; inappropriate gestures; vandalism, stalking; sex'IIal may disrespect any opponents. Incriminating photos or statements depicting violence; hazing; representatives of other schools, including coaches, or High student athletes, teachers, or coaches; and student-athletes, Derogatory language or remarks that Disciplinary Action: 3. 1. is grounds for a minimum athletes' rights to 0M demerits and or up to BHS Athletic Department recognize and support the no show is not unlimited. The online social network sites are NOT a place where you can say 3. 2. is it is site after and may be searchable even tolerate disrespectful in person, the Bullard it. Once you it. is how chance to misinterpret your information an applicant. Carefully consider as: High School Pep and Cheer program will not a comments and behavior online, such comments made (including pictures, videos, comments, and posters]. you before you give them sites as part of their overall evaluation of to perceive networking you want people social you remove comment becomes the after college admissions officers review you remove that photo or What you post may affect your future. Many employers and property 0f the site, comment 0n a social networking comments) may be accessible even Information completely out of site. is placed online — even ifyou limit access to your (including pictures, videos, and post a photo or etc. public information — any text or photo placed online your control the moment Everything you post Similar to 1. media outlets such as Twitter, Facebook, Tumblr, Snapchat, Instagram, and do whatever you want without repercussions. The information you post on a social networking site proud considered public information. Protect yourself by maintaining a self—image of which you can be provided for usage of social for years to come. The following are social networking guidelines which are freedom of speech expecting you to portray yourself, your team, and the School District in a positive manner at all times, Understand that In short, do not have a false sense of security about your rights to freedom of speech. freedom of speech, expression, and association, including the use of social networks. In this context, however, each athlete must remember that being a member of the BHS pep and cheer squads is a are privilege. As a athlete, you represent Bullard High School. Our school and the Bullard Community Bullard High School, and the Social Media: Peen cleared to return to activity. A no Immediate removal from the squad. call nrry .......... y Fnuul Lu Lual. PI lul aPPuuluuyuu Luv “yr“. ........... attempt to take all family vacations during the "time off slots" listeld or as :3::dt:r“l’ilst:1$:;0d0i:-i:rlleaalsde are ays off. Your teém counts 0n you to be there. Should you have an injury, you t0 Sit Sideline or Sit at practlce or competition fully dressed out and support your team until you have r N 8 “ \IIHV‘PUHPU KI‘IHMH m mum! uwmlw‘s wlm rail lPu‘ll “Ivan ll \Ilv Mm dmmsrit niwn. and u will lhv m lvu \hv nNunhm dmnm lh lw tho «lmwlvmior's rvspmmlhuuv l‘x‘xpumimlhy lm week pmbatiun removal from squad meeting with parent & admin. 2 weeks probation 1 & director, parent contact meeting with admin. parent contact. warning. meeting with coach warning. meeting with coach & director warning for a showing up ready at a game. tardy. dress coded W immediam Removal Qatmqynsult m immediate mmovalfrom any squad (on PDA 1n uniform. or ojfcampus): hm straps showing. poor sportsmanship. not turning in required paperwork. dishonesty about absence or urdines. excessive property. items, disrespecfing schoo\ not wearing correct game day away cheer at school. gum chewing. forgetting bow. forgetting a required uniform item. am‘ne. skirt pulled up. failing to listen to direction. failing to put jewelry. not infractions will result in 1 demeritt No call no show is grounds minimum of 4 demerits and or up to immediate removal from the squad Profanity in uniform is not tolerated and will result in a minimum 3 demerits. All of the following ?wéwyv 1‘ BN5 PEP a CHEER Demerit b\jstem ‘l‘ho dirvnm‘ and machm rvsvrvv pawn: and keep up with the number ot‘dmnoms mm she has nhtamml. the right m mum demerits for unauvpmhlv simatiunx which are um mulinvd m tho HHS Np amd mwor handbook final decisions regarding demerits will be made by mv dh m mr and schuot admiMsxmuun. mmmam‘will sign ofl‘on “I H‘fill“ \-IUl6ll l ll m ahixlv hy \lw rulm m \pm mm! In um N!" pm .md wax mfiutvuflmml \w mtmuiuml. \‘l dwm‘ handbook chem“ Dilw‘mr and machm haw tho sulv ix‘mc‘d Mum“ l‘enm‘itx will \‘iolatinu "\Hlvcilllla NIIUVYN‘HfiV‘ Disciplinary " Im._\..-m.:nn u1 uiu‘ivn gum“ I'lvlmmm [LeamL-“ur Defiance \\'I.ua}m ~.-. h.u~.u--u‘ .m nl .nirmu n: , . mu h. tmn Mgmding pcrimls hclnw a ' ' - less than 20 credits: hvl '.-.'.U . m' Kullmniglrl.“ H. lii'n during (me grading 11”de or ofi'campus. offense . ,_- 'I - _- athletic code of ethics. TWitter. ?NPHate posted on Instagram, Facuhtmk "‘Smprh-lt ‘ -i.lrLr_'. _ Idraising events provided throughout the year Through 11y, maintenance, and other unforeseen costs. The _ ' ear and are curre ntly being plan ned for the coming 'rlships, toshirt sales. spirit sales. car washLes] rted by the Spirit of BHS, a - The needs of program boom“; General meeting item t attend ALL adviser. . mam Mare infuma Wm! BHS k - I _' -' Pep and Cheer Squad members. 1 PROOF OF SERVICE BY MAIL - 1013A, 2015.5 C.C.P. 2 STATE OF CALIFORNIA 3 ) ) COUNTY OF LOS ANGELES ) 4 5 I am employed in the county aforesaid; I am over the age of eighteen years and 6 not a party to the within entitled action; my business address is 400 Continental 7 Boulevard, 6th Floor, El Segundo, CA. 90245. 8 On September 27, 2019 I served the within document described as: 9 10 11 Response to Request for Civil Harassment Restraining Order CH-120 On interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: 12 13 14 Natale M. Herrera 5142 N. Polk Avenue Fresno, CA. 93722 US First Class Mail 15 16 17 18 19 20 21 22 I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal collection date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare, under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed on September 27, 2019 at El Segundo, California. 23 24 25 Efile signature /s/ Michael A. Goldfeder 26 27 28 Michael A. Goldfeder, Attorney at Law 400 Continental Boulevard 6th Floor EL SEGUNDO, CA. 90245 PROOF OF SERVICE 1