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H041882

In the Court of Appeal


of the State of Califomia
Sixth Appellate District
DIANA QIAO DONG,
Appellant,
vs. -

OLIVIER GARBE
Respondent.

MOTION TO DISMISS APPEAL


(Santa Clara County Super. Ct. No. 6-08-FLOOOlOl)

Garrett C. Dailey, SBN 76180


2915 McClure Street
Oakland, CA 94609
Telephone: (510) 465-3920
E-Mail: garrett@atybriefcase.com

Attorneys for Respondent


Olivier Garbe

CALIFORNIA JUDICIAL BRANCH NEWS SERVICE

CJBNS.ORG

This is a motion to dismiss the pending appeal. Appellant has appealed in


propria persona from a discretionary,ruling made by the trial court on December
1, 2014. (A copy of this order is filed herewith as Exhibit B.) Her notice of appeal
was filed on or about December 30, 2014. She is still self-represented.
On June 10, 2015, Appellant was named a Vexatious Litigant and a
prefiling order was iinposed on her in the Superior Court. A copy of that order is
filed herewith as Exhibit C. Pursuant to that order, appellant is "prohibited from
filing any new litigation in the courts of California without approval of the
presiding justice or presiding judge of the court in which the action is to be filed."
Although she had already filed the notice of appeal when the prefiling order
was imposed, it is paradoxical that she is barred from pursuing any

"

self-represented litigation in the Superior Court, yet able to continue her appeal in
propria persona in the Court of Appeal.
That, however, is not the basis for this motion to dismiss. Appellant stands
in an attitude of contempt to numerous orders made by the superior court and thus
her appeal should barred based on the disentitlement doctrine.
On December 1, 2015, the Superior Court issued its Findings and Orders
After Hearing, a copy of which is filed herewith as Exhibit D, which finds, in part,
as follows: 1

All emphasis is added.

-2-

"This case is a high conflict and contentious action.


There are now over 32 volumes of the court file. Mother has
previously been ordered to pay fees to Father in the sum of
$100,000 on June 23, 2014, pursuant to Family Code 271
and 3557. [A copy of the order is included herein as Exhibit
E.] In addition, on November 26, 2014, Mother was also
ordered to pay an additional fee amount of $6,000 [A copy of
the order is included herein as Exhibit F]; None of the fees or
interest thereon have been paid by Mother since they were
ordered.

Under existing orders, Mother owes Father child


support for the children. Mother has never voluntarily paid
any child support in this action. [A copy of the order is

included herein as Exhibit G.] The only child support paid


was paid via a writ or wage assigmnent. Currently, Mother is
not paying the monthly child support due. There is a motion to
modify child support pending, but such a motion does not
excuse the Mother in this case from paying any child support
for the children."
Mother has beenfound to be a vexatious litigant in this
action on June 9, 2015. There have been numerous motions

filed by Mother that were frivolous and served to prolong this


action and increase the expenses Father has had to pay. In her
last support motion, for example, Mother sought spousal
support in addition to child support. Pursuant to the Judgment
in this action, spousal support in this matter terminated on
January 25, 2013 [A copy of that Judgment is included herein
as Exhibit H], and the Court retained no jurisdiction to extend
spousal support beyond that date. This is but one example of
many unfounded and frivolous motions in this matter filed by
Mother.
Mother contends that she has no income and that
Father should pay her fees, including the past fees as well as
claims for future fees. Issues relating to fees herein have been
litigated on a number of occasions.
-3-

Mother has been the subject of a Seek Work or


Employment Efforts Order since November, 2012. [A copy of
the order is included herein as Exhibit I.] Her latest job
search efforts do not comply with the terms of the order. It is

notable that this finding was made in the earlier fee order filed
June 23, 2014. [A copy of the order is included herein as
Exhibit J.] In that Order, the Court amended the earlier
Employment Efforts Order to more clearly set forth the
precise requirements for the monthly reports Mother is to
provide to Father concerning her job efforts. Mother has, once
again, failed to follow the clear terms of the Seek Work
Order.

The Seek Work Order requires the Mother to provide


monthly reports in the fonn that is attached to the Seek Work
Order, a copy of which was attached to the Order. For clarity,
the Court will again attach a copy of the Seek Work Order
and incorporate it herein. Mother must fully comply with the
orders and provide all of the infonnation the report attached
to the Order requires. This includes, but is not limited to,
providing infonnation on who she contacted, name and phone
number or other address for contacts, what follow up efforts
were made, and the results of the application process.
Mother is a highly educated and skilled worker. The
evidence she presented indicated that it appears that she did
not generate even a single interview for the period in
question.

In its order dated June 23, 2014; the Court imputed


income to the Mother at $10,962 per month. No evidence was

submitted at the fee hearing to show that the Court should not
continue to impute income to Mother at that level. In the June
23, 2014 Order, the Court also found that there were jobs

available to Mother and she clearly pad the ability to earn at


that level. At the hearing on this motion, no evidence was
submitted that the current situation would justify a change in
this finding.

-4-

In addition, in the June 23, 2014 order, the Court found


that Mother's testimony lacked credibility. The Court made
detailed findings in the Order concerning the home that
Mother bought and did not list on her priOr Income and
Expense Declaration. The Court incorporates its findings
from June 23, 2014, into this Findings and Order.
Mother, in her latest Income and Expense Declaration,
again asserts that she has no income. She also asserts that her
.
mortgage payments are being paid by equity payments from
her house, yet no such payment is shown on the estimated
expenses listed. The last payment shown on the HELOC loan
was alleged to have been made in September, 2014, over a
year ago. Mother also shows $2, 720 in monthly expenses with
no listed income to pay them and no explanation on how the
expenses are being paid.
The Court finds that Mother seems able to manage to
maintain in some way the loan payments on her $1,093, 068
home, while at the same time not paying any amount toward
the outstanding child support obligation.

The Court finds that it would be unreasonable and


inequitable under all- of the facts of this case to order the
Father to pay the attorney's fees of the Mother. Mother has
chosen to fail to pay any child support other than that taken
by writ. Substantial arrears exist, but Mother pays none of the
child support, both current and arrears now due, not even a
fraction of them. Instead, Mother elected to pay $8, 000 to her
attorney and not to pay child support. She has also elected not
to pay the attorney's fees previously ordered in this matter.

In the case of Marriage of Hofer, 208 Cal. App. 4th


454, the Court of Appeal described what is known as the
disentitlement doctrine. This doctrine can be applied to deny
relief to a party who has refused to follow or disobeys court
orders. See, Hogoboom & King, section 16:327,7, p. 16-111
(20 15). The doctrine is similar to unclean hands.

-5-

In this case, Mother seeks an award of fees while she


ignores virtually every court order in this matter. She has
been declared a vexatious litigant as a result of her actions.
Her conduct should not be rewarded by an order for fees.

While it is correct that there is a disparity in income


between the parties, even with imputed income to Mother,
that fact does not, in and of itself deprive the Court of its
ability to weigh the facts and the law and to deny a fee
request. The Court finds that this is one of those cases where a
fee order based on alleged needs should be denied.
Regarding the fees requested by each party under
Family Code 271, the Court has carefully reviewed the
extensive evidence submitted by each party. The Court finds
that it is appropriate under the facts of this case to order
Mother to pay fees as sanctions to Father, through his
attorney, in the sum of $20,000, which sum sh;all be due
forthwith.

This order will not cause an undue financial

hardship. Mother has real property valued at over 1 million


dollars, which she apparently is not paying the debt per her
Income and Expense Declaration. She asserts that she has
not been working since 2012, yet, somehow, she meets her
expenses. However, she chooses not to pay child support or
past due court ordered fees. Mother has been found to be

vexatious relating to her actions during the course of this case.


Those actions and the findings herein justify an order for fees
under section 271.
IT IS ORDERED THAT:
_2. Respondent's request for fees pursuant to Family
Code 271 is granted. Petitioner shall pay to Respondent,
through his counsel, the sum of $20, 000, which sum is due
forthwith. These fees as ordered will not create an undue

financial hardship. Any outstanding balance shall bear interest


at the legal rate, which is currently 10% .... " (See Exhibit D,
filed herewith.)

-6-

CALIFORNIA JUDICIAL BRANCH NEWS SERVICE

CJBNS.ORG

On July 9, 2015, the Court modified Appellant's child support, finding that
her income was $10, 162 per month. (See Exhibit K, filed herewith.)
At the hearing on June 13, 2014, Appellant testified that she had just
purchased a residence for $1,093,338, using, in part, a $400,000 inheritance she
had received from her father. (RT, June 13, 2014, pp.153:10-158:9;

164:14-165:14; 166:5 -166:21; 192:5-12; 200:24-28.) Thus, there is no dispute that


she ad funds available with which she could have complied with the court's
orders for child support, attorney's fees and sanctions, yet elected to use the money
to purchase a residence instead. (The Reporter's Transcript is lodged herewith.)
As set forth in the declaration of Respondent, Olivier Garbe, included
herewith as Exhibit A, Appellant still has not made any voluntary child support
payments and all of the amounts detailed above, including the $20,000 in sanctions
ordered on December 1, 2015, are still unpaid. And, she has still not complied with
the seek work order originally made on November 30, 2012 (Exhibit F, filed
herewith), and reissued on December 1, 2015.
As explained by the trial court in the order quoted above, Appellant stands
in an attitude of contempt to virtually every order made by the superior court and
specifically those enumerated in the order above.

As such, she is a poster child

for the application of the disentitlement doctrine.


"A party to

an

action cannot, with right or reason, ask the aid and

assistance of a court in hearing his demands while he stands in an

-7-

attitude of contempt to legal orders and processes of the courts of


this state." (MacPherson v. MacPherson (1939) 13 Cal.2d 271, 277.)
(See also, In re Marriage of Hofer (2012) 208 Cal.App.4th 454, 460; Ross v. Ross
(1941) 48 Cal.App.2d 72, 78.)
Inthe recent case of Blumberg v. Minthorne, as Trustee (2015) 233
Cal.App.4th 1384, the Court of Appeal dismissed an appeal based upon the
appellant's post-judgment actions which disregarded the orders of the trial court:
"'A trial court's judgment and orders, all of them, are presumptively
valid and must be obeyed and enforced. [Citation.]' (Stoltenberg v.
Ampton Investments, Inc. (2013) 215 Cal.App.4th 1225, 1231.)"
Blumberg v. Minthorne, as Trustee, supra, 233 Cal.App.4th at p. 1390.

As explained in the declaration of attorney Respondent, included herewith


as Exhibit A, Appellant has a long history of disregarding court orders, including
the payment of child support and attorney's fees, while repeatedly filing repetitive
motions - a habit that resulted in a vexatious litigant finding and a pre-filing order.
It is respectfully requested that this appeal be dismissed.

Dated: February 23, 2016


Respectfully submitted,

(J_{)
Garrett C. Dailey
Attorney for Respondent
Olivier Garbe

-8-

CALIFORNIA JUDICIAL BRANCH NEWS SERVICE

CJBNS.ORG

VERIFICATION

I, Bradford Baugh, declare as follows:


I am the trial attorney for Respondent herein. I have read the

foregoing motion and know of its contents. The facts alleged in the motion
are within my own knowledge based upon the evidence adduced below and

I know these facts to be true.


I declare under penalty of perjury that the foregoing is true and

correct and tat this verification was executed on February_, 2016 at San .
Jose, California

Bradford

B&ih

(}

Certificate of Compliance

!Garrett C. Dailey, attorney

for Respondent Olivier Garbe, hereby

,
certify that, pursuant to California Rules of Court, rule 8.204 (c)(l), this
motion contains approximately 2.1210 words, including footnotes, as
computed by the Microsoft Word 2016 word counter.

J\

Garrett C. Dailey

-9-

PROOF OF SERVICE
I, BRENDA K. PORTO, declare as follows:
I am over eighteen years of age and not a party to the within action; my business
address is 2915 McClure Street, Oakland, California 94609; I am employed in Alameda
County, California. I am familiar with my employer's practices for the collection and
processing of materials for mailing with the United States Postal Service, and that practice is
that materials are deposited with the United States Postal Service the same day of office
collection in the ordinary course of business.
On Februaryn, 2016, I served a copy of the following document(s): MOTION TO
DISMISS APPEAL

On the addressee(s):
X

BY MAIL

--

by placing a true copy of the above-referenced document(s) enclosed in a

sealed envelope, with postage fully prepaid, in the United States mail at Oakland, California,
addressed as set forth below, on the date set forth above.

__

BY FACSIMILE

--

by transmitting via facsimile the document(s) listed above to the

fax number(s) set forth below, on the date set forth above, before 5:00 p.m.
Diana Q. Dong
1906 Worthington Circle
Santa Clara, CA 95050
Bradford Baugh
Baugh & Amini
1550 The Alameda, Suite 155
San Jose, California 95126-2304

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration was executed on February'--\ , 2016, at
Oakland, California.

EXHIBIT A

CALIFORNIA JUDICIAL BRANCH NEWS SERVICE

Bradford Baugh - SB# 68661

1550 The Alameda, Suite 155

BAUGH

& AMINI

San Jose, California 95126

(408) 287-7790

4
5

CJBNS.ORG

Attorneys for Respondent, Olivier Garbe

6
7
8
9

SUPERIOR COURT OF CALIFORNIA, C OUNTY OF SANTA CLARA


In re Marriage of:

10

Petitioner: DIANA DONG

11

and

12

Respondent: OLIVIER GARBE

13

l
!

Case No. 6-08-FL000101

DECLARATION OF OLIVIER
GARBE
Hearing:
APJ: Grilli
Dept.:83

14

I, Olivier Garbe, declare:

15

1.

I am the Respondent in the above-entitled action.

16

2.

On September 17, 2013, the court made a calculation of support

17

due me and ordered distributions from the sale of the community residence. That

18

order adopted the calculations of Ms. Alger, shown on Exhibit "A-1" through "A-2" as

19

of February 24, 2013.

20

3.

Since receiving the sums due to me as child support, which were

21

included in the check of $397,604.51 mentioned in the order, I have received no

22

child support from Ms. Dong other than a check from Ms. Yeamans in the amount of

23

$3,880 on December 1, 2014. In the interest of clarity, the $397,604.51 check also

24

included sums due for previously ordered sanctions, funds removed from the

25

children's accounts, and an equalizing payment for the property judgment. The

26

property equalizing payment with interest alone was $161,323.46 of the

27

$397,604.51.

28

4.

The order filed September 17, 2013 set child support from myself to Ms.

Marriage of Dong & Garbe

1
Declaration of Olivier Garbe

No. 6-08-FL000101

Dong at $544 per month, and commencing June 1, 2013, $448 per month plus

allocation for private school, uninsured healthcare costs, etc. The support orders

filed after that, in chronological order, are:

a.

5
6

June 23, 2014 which makes the following orders:


(i) June 1, 2013 to March 31, 2014, arrears of $4,480 from

Petitioner to me, not including interest (June 23, 2014 order at 6:11-14).

(ii) Add-on arrearages of $1,800 from Petitioner to me for June 1,

2013 through May 31, 2014 for daycare, not including interest (June 23, 2014 order

at 6:15-19).

10
11

(iii) Uninsured healthcare through May 2, 2014 of $663.53 from


Petitioner to me, not including interest.

12

(iv) Attorney's fees as sanctions.

13

(v) $1,623 a month child support from Petitioner to me for April 1,

14

2014 onward.

15

b.

On July 6, 2015, an order was filed modifying support based on

16

Petitioner's request to modify to $1,639 a month commencing March 11, 2015 (order

17

filed July 6, 2015 at 1:13-17).

18
19

5.

The past due child support, not including interest, is as follows:


a.

From June 23, 2014 order:

20

Arrears:

$4,480.00

21

Daycare:

$1,800.00

22

Non-covered health costs:

$663.53

23

Child support 4/1/14 - 3/11/14: $16,753.55

24
25

b.

26
27
28

$23,697.08

Subtotal:

c.

From July 6, 2015 order:

From 3/11/15 - 2/2/16:

$17,500.29

Payment: .

($3,880.00)

This sum does not include uninsured healthcare or daycare, which Petitioner refuses
2
Marriage of Dong & Garbe

Declaration of Olivier Garbe

No. 6-08-FL0001 01

to pay.

The order filed July 6, 2015 is final, not having been appealed from.

6.

There have been findings and orders for attorney's fees under FC 271,

$20,000 in fees was ordered paid to me by Petitioner under FC 271 in an order

filed December 1, 2015. That order has not been appealed, although it was served

on Mr. Nguyen, Petitioner's counsel of record on that date. My counsel filed

of entry of order of the July 6, 2015 order on July 9, 2015. No appeal was taken. I

have been awarded a further $6,000 in sanctions. None of the final sanctions, of

$26,000 have been paid, and of course, the $100,000 in sanctions on appeal has

1O

not been paid.

11

7.

notice

I have not been paid any of the sums due as child support listed

12

above, which total $37,317.37, not including interest. I have not been paid uninsured

13

healthcare for either of the children, which, since it was last quantified in 2014 is now

14

$171.00, giving a grand total of $37,488.37, not including interest.


8.

15

The court should be aware there is a hearing set for March 9, 2016 in

16

this case as Petitioner has brought her annual motion to modify child support.

17

Potentially that motion could be retroactive to October 22, 2015.

18
19

I declare under penalty of perjury the above is true and correct and this
declaration is made this 17th

day of February, 2016 at Mountain View, California.

20
21
22
23
24

Dec.Client.2.9.16.wpd
BB:cs

25
26
27

28
Marriage of Dong & Garbe

3
Declaration of Olivier Garbe

No. 6-08-FL000101

EXHIBIT B

CALIFORNIA JUDICIAL BRANCH NEWS SERVICE

--

GOVERNME.f'HALAGEMCY (UoderFamHyCode, 17400, 17406j:


RAKHeE MEHTA, LEADATTORNE'i
SAN'fA ClN<A COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES
880 RIDDER PARK Df
SANJOSECA9s131 ..24ee

{Ootiona/):(86) 901-3212
- ,.,,., No
-. v
ENMAIL ADDRESS {Opilonai):
AHORNEY FOR (Name): Under Farnily Code 174C<l & 17406
. . ---- ---.. ,---- ------- ..
--
TELEPHONE NO

---------"

{Op1,01 1J.2(041 05!l"0o- , 3 59 1 0049


.
_

,,_

iI
1'

FL-687

----,-------

FOR COURT USE ONLY

;
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA

[\::.'

1:.

\}! -:

STREET ADDRESS: 99 NOTRE DAME AVE


MAiUNGADDRESS 191N1ST

CJBNS.ORG

ST

CITY AND ZIP CODE: SAN JOSE 95113-1006

c)J.

Sl.AMf;H NAME: NOTRE DAME C'OURTH<)USE

..

:.,:1 Corn!

,;.:,:., -

. PETITIONER/PLAINTIFF: DIANA QIAO DONG


RESPONDENT/DEFENDANT: OLIVIER GARBE
OTHER PARENT:

1.

This

a.

b.

3.

,_..

II

as follows!

Petitioner/plaintiff present

'fj3

r:=JUncontested

Dept.:

00
W

c.

cg:]

e.

Local child support agency attorney (Family Code,

d.

2.

matter PfOC1eded
/'Z-1 14

Date:

ORDER AFTER HEARING

r:=J

Respondent/defendant present
other parent present

CASE NUMBER:
508FL000101

1t.lt1111 Ann 6r1//1


Attorney present (name): f?_tibt n //{C?tJttll7 5,: L1;111'1C.;..t '5Ct'jX-Attorney present (name): EJr...rz?fk?;z::( J&t.u:;rl1
r:=J By stipulation

(name):
17400, 17406} by (name):

r:=J Attorney present

(specify):

f.

g.

The parent ordered to pay support is the petitioner/plaintiff

Other

Contested

Judicial Officer:

. - .

. .

7Ja ny / UtJi"tVi
/

respondent/defenda_nt

other parent

[__.] Attached is a computer printout showing the parents' income and percentage of time each parent spends with the children.
The printout, which shows the calculation of child support payable, will become the court's findings.
c:=J This order is based on the attached documents

(specify):

THE COURT ORDERS


4. a.
b.

All orders previously made in this action remain in full force and effect except as specifically modified below.
The parent ordered to pay support is the parent of and must pay current child support for the following children:

SEBASTIEN GARBE

Date of birth
04/18/1998

Name of child

Monthlv suppo rt ammnt

07/16/2001

NATACHA GARBE

(1) c:::J Mandatory additional child support


(a) The parent ordered to pay support must pay additional monthly support for reasonable child-care costs, as follows:
c:=J

% or

one-half or c:=J

Payments m1:1st be made to the

r:=J

per month of the costs.


D (specify amount): $
D State Disbursement Unit D child-care provider.

C:::J other parent

D ,(specify amount): $

(b) The parent ordered to pay support must pay reasonable uninsured health-care costs for the children, as follows:

r:=J

one-half or

Payments must be made to the

% or

C:::J

other parent

State Disbursement Unit

per month of the costs.

health-care provider.

NOTICE: Any party required to pay child support must pay interest on overdue amounts at the legal rate, w hic h is

currently 10 percent per year.


Form Adopted for Allsrr.ative

Mandatory Use

!nslsad of form FL-692


Judicial Council of California
l'l-$87 [Rev. J1y 1, 2011]

Page 1of3

CASE NUMBER:

PETiT!ONER/PlAINTIFF: DIANA QIAO DONG


RESPONDENTIDEFENDANT: OLIVIER GARBE

608FL000101

OTHER PARENT:

._______
__
___,___
_

4. b.

(2)

Other

(3)

For

(4)

CJ
CJ

(specify):

day of each month

peyet?le on _!he

to ol of $

beginning

(date):

The low-income adjustment applies.


The low-income adjustment does not apply because

(specify reasons):

{5)

Any support ordered will continue until further order of court, unless terminated by operation of law.

(6)

As provided in Family Code section 4007 .5, the obligation of the person ordered to pay support will be temporarily

suspended for any period after the first 90 consecutive days in which the person ordered to pay support is incarcerated or
involuntarily institutionalized, unless that person has the ability to pay support during that time or has committed certain

c.

[_

crimes. Immediately after the person ordered to pay support is released from incarceration or involuntary institutionalization,

__;The parent ordered to pay support [=:J The parent receiving support must 1) provide and maintain health insurance
coverage for the children if available at no or reasonable cost and keep the local child support agency informed of the
availability of the coverage (the cost is presumed to be reasonable if it does not exceed 5% of gross income to add a child);
the support order will restart in the same amount as it was before it was temporarily suspended.

(2) if health insurance is not available, provide coverage when it becomes available; (3) within 20 days of the local child

support agency's request, complete and return a health insurance form; (4) provide to the local child support agency all
infonnation and forms necessary to obtain health-care services for the children; (5) present any claim to secure payment or

reimbursement to the other parent or caretaker w.h o incurs costs for health-care services for the children; and (6) assign
any rights to reimbursement to the other parent or caretaker who incurs costs for health-care services for the children. The

seek continuation of coverage for the child after the c hi l d attains the age
parent ordered to provide health insurance
when the child is no longer considered eligible for coverage as a dependent under the insurance contract, if the child is

mast

incapable of self-sustaining employment because of a physically or mentally disabling injury; illness, or condition and is
chiefly dependent upon the parent providing health insurance for support and maintenance.

d.

CJ The

parent ordered to pay support owes support arrears as follows, as of


[=:JSpousal support:$

(i) CJ Child support:$

(2) CJ

(3) CJ

(4) CJ

(date):
D Family support:$

Interest is not included and is not waived.


Payable: $
beginning

on the

(datet

day of each month

Interest accrues on the entire pincipal balance owing and not on each installment as it becomes due.

e. No provision of this order may operate to limit any right to collect the principal (total amount of unpaid support) or to charge and
collect interest and penalties as allowed by law. All payments ordered are subject to modification.
f.

All payments, unless specified in item 4b(1) above, must be made to the State Disbursement Unit at the address listed below
(specify address): CALIFORNIA STATE DISBURSEMENT UNIT
PO BOX 989067
WEST SACRAMENTO CA 95798-9067

g. An earnings assignment order is

issued.

h. In the even t that there is a contract between a party receiving support and a private child support collector, the party ordered to
pay support must pay the fee charged by the private child support collector. This fee must not exceed

33 1/3 percent of the total

amount of past due support nor may it exceed 50 percent of any fee charged by the private child support collector. The money
judgment created by tf)is provision is_in favor of the private child support collector and the party receiving support, jointly.

i.

If '.'The parent ordered to pay support" box is checked in item 4c, a health insurance coverage assignment must issue.

ORDER AFTER HEARING


(overnmenta!)

Page 2: of 3

LEGALATTO

D ate :

{/iP9"

Number of pages attached:


Approved as confo

Page Sof 0

LEGALATIO

This page intentionally left blank

FL-132

NOTICE OF RIGHTS AND RESPONSIBILITIES

Health-Care Costs and Reimbursement Procedures

IF YOU HAVE A CHILD SUPPORT ORDER THAT INCLUDES A PROVISION FOR THE

REIMBURSEMENT OF A PORTION OF THE CHILD'S OR CHILDREN'S HEALTH-CARE COSTS


AND THOSE COSTS ARE NOT PAID BY INSURANCE, THE LAW SAYS:

1. Notice. You must give the other parent an

If you claim that the other party has failed to

been billed for any health-care costs not paid

has failed to make a payment to the provider

reimburse you for a payment, or the other party

itemized statement of the charges that have

after proper notice has been given, you may file

by insurance. You must give this statement to

motion in court to resolve the dispute. The

the other parent within a reasonable time, but.

no more than 30 days after those costs were

court will presume that if uninsured costs have

been paid, those costs were reasonable. The

given to you.

court may award attorney fees and costs

2. Proof of full payment. If you have already

paid all of the uninsured costs, you must


.
(1) give the other parent proof that you paid

against a party who has been unreasonable.

6. Court-ordered insurance coverage. If a

them and (2) ask for reimbursement for the

parent provides health-care insurance as

ordered by the court, that insurance m ust be

other parent's court-ordered share of those


costs.

3. Proof of partial payment. If you have paid

used at all times to the extent that it is available


for health-care costs.
a. Burden to prove. The party claiming

only your share of the uninsured costs, you

that the coverage is inadequate to meet the

must (1) give the other parent proof that you

child's needs has the burden of proving that

paid your share, (2) ask that the other parent

to the court.

pay his or her share of the costs directly to the


health-Gare provider, and (3) give the other

b. Cost of additional coverage. If a parent

parent the information necessary for that

purchases health-care insurance in addition

parent to be able to pay the bill.

4. Payment by notified parent. If you receive

to that ordered by the court, that parent must


pay all the costs of the additional coverage.
In addition,.if a parent uses alternative

notice from a parent that an uninsured

coverage that costs more than the coverage

health-care cost has been incurred, you must

provided by court order, that parent must pay

pay your share of that cost within the time the

the difference.

court orders; or if the court has not specified a

7. Preferred health providers. If the

period of time, you must make payment

(1) within 30 days from the time you were given

court-ordered coverage designates a preferred

notice of the amount due, (2) according to any

health-care provider, that provider must be

payment schedule set by the health-

used at all times consistent with the terms of

care provider, (3) according to a schedule

the health insurance policy. When any party

agreed to in writing by you and the other


parent, or (4) according to a schedule adopted

uses a health-care provider other than the


preferred provider, any health-care costs that

by the court.

5. Disputed charges. If you dispute a charge,

- would have been paid by the preferred health


provider if that provider had been used must be
the sole responsibility of the party incurring

you may file a motion in court to resolve the

those costs.

dispute, but only if you pay that charge before


filing your motion.
Fo.'TnApprovedforOptionaJ use..
Jumc1a1 cauncu otealiromia
FL-1_92 [Rev. Juiy 1. 20071

---..

NOTICE OF RIGHTS AND RESPONSIBILITIES


--- -n---

..

--

Health-Care Costs and Reimbursement Procedures

..

.....

, .

. . ...

Page 1of2:

Family Code, -4052., 4063


-

ww-u.comtirdo.ca.gov

FL-192

INFORMATION SHEET ON CHANGING A CHILD SUPPORT ORDER

The court has just made a child support order in your case. This order will remain the same unless a party to the action requests that the
support be changed (modified). An order for child support can be modified only by filing a motion to change child support and seNing
each party involyed in your case. If both parents and the local child support agency (if it is involved) agree on a new chi ld support
amount, you can complete, have all parties sign, and file with the court a Stipulation to Establish or Modify Child Support and Order
(form FL-350) or Stipulation and Order (Governmental) (form FL-625).
General Information

The court takes several things into account when ordering the payment of child support First, the number of children is considered.
NeXt, the net incomes of both parents are determined, along with the percentage of time each parent has physical custody of the
children. The court considirs both parties' tax filing status and may consider hardships, such as a child of another relationship. An
existing order for ch ild support may be modified when the net income of one of the parents changes significantly the parenting schedule
When a Child Support Order May Be Modified

t;ilal 1ytio oiynifit:C!nlly,

u1 l:I l!E::!W

t:hiltl i!; uurr 1.

Examples

You have been ordered to pay $500 per month in child s upport. You lose your job. You will continue to owe $500 per month, plus
10 percent interest on any unpaid support, unless you
. file a motion to modify your child support to a lower amount and the court
orders a reduction.
You are currently receiving $300 per month in child support from the other parent, whose net income has just increased
substantially. You will continue to recei ve $300 per month unless you file a motion to modify your child support to a higher amount
and the court orders an increase.
You are paying child support based upon having physical custody of your children 30 percent of the time. After several months it
turns out that you actually have physical custody of the children 50 percent of the time. You may file a motion to modify child support
to a lower amount
.

To change a c hild
How to Change

Child Support Order

support order, you

must file papers with the court.

Remember: You

must follow the order you have now.

What forms do I need?


If you are asking to change a child support order open with the local child support agency, you must

FL-680, Notice of Motion (Governmental) or FL--683 Order to Show Cause (Governmental) and

F L-684

fill out one of these forms:

Request for Order and Supporting Declaration (Governmental)

If you are asking to change

child support order that is

not open with

the local child support agency, you must fill out one of

forms:

FL-301, Notice of Motion or FL-300, Order to Show .cause and


FL-310, Application tor Order and Supporting Declaration or
FL-390, Notice of Motion and Motion for Simplified Modification of Order tor Child, Spousal, or Family Support

these

You must also fill out one of these forms:


FL-150, Income and Expense Declaration orFL-155, Financial Statement (Simplified)

What if I am not sure which forms to fill out?

Talk to the family law facilitator at your court.


After you fill out the forms, file them with the court clerk and ask for a he arin g date. Write the hearing date on the form.
The clerk will ask you to pay a til ing fee. If you cannot afford the fee, fill out these forms, too:
Form FV\LOQ!, Appfic_ti_on_ f<;l! Waiver o( Court Fee and Costs

Form FW-003, Order on Application for Waiver of Court Fees and Costs

You must serve the other parent. If the local ch ild support agency is involved, serve it too.
This means someone 18 or over - not you
must serve the other parent copies of your filed court forms at least 16 court days before
the hearing. Add 5 calendar days if you serve by mail within California (see Code of Civi l Procedure section 1005 for other situations).
Court days are weekdays when the court is ope n for business (Monday through Friday except court holidays). Calendar days include
afl days of the month, including weekends and holidays. To determine court and calendar days, go to
wvvw. courtinfo. ca. govlseffhelplcourtcalendarsl.
-

The server must also serve blank copies of these forms :

FL-320, Responsive Declaration to Order to Show Cause or Notice of Motion and FL-150, Income and Expense Declaration,

FL-155, Financial Statement (Simp!ified)

Then the server fills out and signs a Proof of Service (form FL-330 or
Go to

you r hearing

Fl-335). Take

and a s k the judge to change the support. B ring

this form

.
to the clerk a nd

or

file it.

your tax returns from the las t two years and your last two

months' pay stubs. The judge wi!l look at your information, listen to both p.arents, and make an order. After the hea ring , fill out:

Fl-340, Findings and Order After Hearing and

FL-342, Child Support Information and Order Attachment

Need help?

Contact the family law facilitator in Y.9.':1!..f9.Y.nty or1::9.!l voyr coul}ty'.s bar as.;o._cia,_tion and ask for an experiencedj[l.i.!Y lJvvYer
FL-192[Rev Julyl.2007j
NOTICE OF RIGHTS AND RESPONSIB!UTES
Health-Care C o sts and Reimbursement Procedures

P"QCZofZ

f-G6VERNMENTALAGENCY

[-

(UnderFami!yCoie, 17400, i7405)

Fl-686
FOR COURT use: ONL y

RAKHEE MEHTA, LEAD ATTORNEY

gi:486

SANTA CLARA COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES

200000001510049

TELEPHONE NO:

j E-MAIL ADDRESS (Optio11al}:


I. ATTORNEY FOR (Name}:

(866) 901-3212

FAA NO. (Optionan,: (406) 503-5319

Under Family Code, 17400 & 17400

Ii SUPERIOR COURT OF CALIFORNIA, COUNTY.OF SANTA CLARA


STREET ADDRESS: 99 NOTRE DAME AVE

MAILING ADDRESS: 191 N 1ST S T

CITY A N D ZIP CODE: S A N J0$E

\!5113-1000

BRANCH NAME: NOTRE DAME COURTHOUSE

PETITIONER/PLAINTIFF: DIANA Q!AO DONG


RESPONDENT/DEFENDANT: OLIVIER GARBE
OTHER PARENT:
CASE NUMBER:

608FL000101

PROOF OF SERVICE BY MAIL

1. I am at least 18 years of age, not a party to this aion, and ! am a resident


ace.

of or employed in the county where the mailing took

2. My b_usiness address is (specify):


880 RIDDER PARK DR
SAN JOSE CA 95131-2486

3.

I served a copy of the following documents (specify):

D Notice of Motion (Governmental) (form FL-680) and supporting attachments


L_J Responsive Declaration to Request for Order (form FL-320)
D Response to Notice of Motion to Set Aside Judgment of Paternity (Family Law - Governmental) (form FL-276)
[ ! Responsive Declaration to Application to Set Aside Voluntary Declaration of Patemity (Family Law - Governmental)
Cl
IT]

Notice of Opposition and Notice of Motion on Claim of Exemption (Governmental) (form FL-677)
Other (specify):

(form FL-285)

ORDER AF.TER HEARING FILED ON 12/01/2014

by enclosing them in an envelope AND


a.

b.

CJ
[ZJ

depositing the sealed envelope with the U.S. Postal Service with the postage fully prepaid.

placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary
business practices. I am readily familiar with the business's practice for collecting and processing correspondence for
mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of
business with the U.S. Postal Service in a sealed envelope with postage fully prepaid.

Adopted for Mandato1y Use


Jucficlal Council of California
FL-086 {Rev. Januaiy 1. 2014)

(Goermental)

PROOF OF SERVICE BY MAIL

l lllll llrif11\1111!lll!lI!1111111 1 II\ Ill\1111

Page 1 of z

Code ofCivl! Pmcetiure. 103.


1013e; Family Cada 215

www.courls.ca.gov
.
ENF2

01_0_1o--o:
6-- - -- - - _ _ _l_ _ _ _ _ _ - - _:
_
p- ! _ _! _
S E NU M B E R
N T F F D IA NA Q A OD O N G
ONE

I R GARBE
RESPONDENT/DEFENDANT: OLIVE

ffiITT

4. Each envelope was addressed and

{a) Date mailed: 12102/2014


(b) Place of maili n g
SAN JOSE, CA

mailed as follows:

(city and state):

Q B FL

CJ Na me of party or attorney served:

CJ Name of party or attorney served:

{c) Address:

(c)

CJ Name of party or

FL686
1
--

--

II

Address:

[KJ Name of party or attorney served:

attorney served:

BRADFORD BAUGH/DOK BAUGH TARVIN & AMINI

(c) Address:

(c) Address:
BRADFORD BAUGH
1550 THE ALAMEDA STE 155
SAN JOSE CA 95126-2325

CJ Name of party or attorney served:

CJ Name of party or attorney served:

(c) Address:

(c) Address:

5. The address for each individual identified i n item 4 was


a.

00

verified by the California Child Support Enforcement System {CSE) as the current primary mailing address on file.

b. D other

(specify):

6. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 12/02/.2014
MINNIE S!NGLA

Adopted for Mandatory Use

Juctical Council of Ca!ifom<a

Fl86fRev ,lanuary 1; 2014)

(S!GN/>.'tUR9yr

(n'PE OR PRINT NAME)

PROOF OF SERVICE BY MAIL

! i

ii

------"

(Governmental)

f1ER>ON CQMrLE1tMG 1Hi$

f-ORt,ij

......__,,..... ______

Page 2012

ENF2

EXHIBIT C

CALIFORNIA JUDICIAL BRANCH NEWS SERVICE

.ATTORNEY OR PARTY WITHOUT ATTORNEY (N8m. Slals Bsrnumbor, snd Add;cs:;}:

- - - .. -- -'--..-----

ATTORNEY FOR

MC-700

FOR COURT USE ONLY

i
!

(To be compleled 0111y ii a parry IS making ll1G matron)

{Name):

If ,' ""'::!:1v1S10N

'-

bi

----

--;;EFILl-QR;R. VEXATIOUs-CiIGAN--.

.... ___

u/1 ,

-- --

L'\Vi! 'l

605 El Camino Real


191 N. First St.
CITY AND ZIP COO!:: San Jose, Ca.
STREET ADDRESS:

11/\AILING ADDRESS:

vs.
Olivier Garbe

i.t, i\! f:.:'.>/


.

)_':,i:::;
I,:,, ,

TELEPHONE NO:

ffi

CJBNS.ORG

--------\ ;101'"

..

: i.

::.:

-----------..-.... ------- -

-------- ....-

- -

----- .......-"-' ----------

,..,

1"':.:!.;-1/,
F ' \

r:;; .,1)J

\':' \.:;. i :': l-'J

----------

--_..
-- ___....... .. ,.....
J
. ..... .. ....
.
1. Name and address of each plaintiff or cross-complainant or
other party subject to this prefiling order:
.

L1,_:'._ J' .,?,J

,,....---------- -.

..

. ..

. .-.-.

Diana Dong

1906 Worthington Circle


Santa Clara, Ca. 95050

t:..

This pretiling orde r is entered pursuant to a motion made by

3. The person or p e rs ons identified in item

1,

D the court

Olivier Garbe,

[Z] party (name):

respondent

unless represented by an attorney, are prohibited from filing any new

litigation in the courts of California without approval of the presiding justice or presiding judge of the court in which

the action is to be filed.

4. The clerk is ordered to provide


at th e address below.

co p y of this order to the Cal iforn ia Judicial Council by fax at 415-865-4329 or by mail

Vexatious Litigant Prefiling Orders


California Judicial Cou ncil

Date:

June 9,

2015

Administrative Office of the Courts


455 Golden Gate Avenue
San Francisco, Califo rn i a 94102

Fann Adopted for

Mandatory Use
Jodlcial Council or Califomi2

MC-700 {Rev January 1. 2013)

PREFILING ORDER-VEXATIOUS LITIGANT

------- ----- -<A

---

- -

Code or Civil Procedure. 3S1 ,7


www.courts.ca.gov

CALIFORNIA JUDICIAL BRANCH NEWS SERVICE

--

, . ..

S UP ER I O R

...

'

'

C v uRT

191

OF

S an

CAL I F ORNIA ,
N.

Jo s e ,

C OUNTY

9 5 1 13 - 1 0 9 0

Fir s t
CA

Bradford B augh

\
SANTA CLARA

S tr e e t

c
I

Dok Baugh Tarvin Amini


1550
Alameda Suite 155
San Jose , CA 95126

[' 0 :

CJBNS.ORG

(Nolri. . )
I

JUN 1 0 Z015

&

The

Diana Q . Dong And Olivier Garbe


:ase Nbr : 6 - 0 8 -FL- 000101
E :

PRO O F

?refiling order - Vexatious Litigant

S E RVICE

OF

Nas delivered to the


listed below
Eorth i n
sworn d e c l arat i on below .
part i e s

the

at
P r V:: ;:: L\: :

in

above

entitled case as set

i )':,(,( 5Jac;\ ,dr M


J
f

- ! ---- t 1:{_:::,.,. ( y
l a' -3 (_p-(
/OvA

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c.a>7

(_

qf f

j:

Phong Nguyen
1 5 7 0 The
1 0 1 , San Jose , CA
Allan , Allan
l l LLP
2076 Lincoln Ave ,
Jose, CA 9 5 12 5
-::-

Heat her M .

Al ameda ,

(..,.?... .

Ste

& M a rt e

95126

S an

I f you,

party represented by you ,

:Jisabil i ti es Ac t ,

p l e ase

he Vol ce/TDD Cal i f ornia

contact

R e l ay

S a n Jos e ,

is

shown abov e

C ll o n 0 6 / 1 0 / 1 5 .

or a w i t n e s s

DAVID

to be called

Court Admini s trator ' s

Service ,

)ECI.ARATION OF SERVICE BY MA11,:


:ierson whose name

the

(BOO)

T declare

that

YAMASAKI ,

at

that party need an accommodation under the Ame rican with

( 4 0 9 ) 8 82 - 2 7 0 0 ,

or

us e

the Court ' s TDD line,

735 -2922 .

served

and by depo s i t ing

H.

on beha l f o f

o f f ice

this no t i ce

by enclosing a

the envel ope w i t h poe<>ge


.

true copy in a

fully prepa i d ,

Chi e ( Executive O f E icer/Clerk b y

Jaretta Reser,

sealed

envelop e

( 1 0 8 ) 8 8 2 2 6 9 0 or

addressed to

in the Uni ted St.ates Ma i l a t


Deputy

each

CALIFORNIA JUDICIAL BRANCH NEWS SERVICE

B radford Baug h - S B# 68661

1 55 0 The Alamed a , Su ite 1 55

BAUGH

70\5 .JUL -- 9 P M 2: LtJ

San Jose, California 951 26

3
4

& AMINI

CJBNS.ORG

(408) 287-7790

- -

.. -

. . . , , .. . .
.. . .. ., ... .

. . .

. ' '
,-.
.

.:

Attorneys tor Respo n d e nt, O l ivier G a rb e

6
7
8

S U P E R I O R CO U RT O F CAL I FO R N IA, C O U NTY OF SANTA C LARA


I n re Marriage of:

Case No. 6-0 8-FL000 1 0 1

10

P etitioner: D IANA D O N G

NOTICE O F ENTRY O F O RD E R

11

and

APJ : Grilli, D e pt. : 8 3

12

Respondent: O L IVI E R GAR B E

13
14
15

P LEAS E TAKE N OTI C E that o n J u ly 6, 201 5 , the cou rt entered the o rder
attached .

16
17

Dated: J u ly 8 , 20 1 5

18
19
20

Notice.ntry.wpd
BB:cs

21
22
23
24

25

26

27

28.

-'---------------------

'I

.-,;;-;;;; -;: -------------- ------t:


be rO-NE_Y_(N-a ;.,sla1 ;;-;;um,

B;i;a dford Baugh


& Amini
Suite 1 5 5
1 5 5 0 The
S a n Jo s e , CA 9 5 1 2 6
FAX NO, (Optional): { 4 Q $
2 8 7 -7 7 9 Q
:LEPHONE NO.: { 4 0 8 )
10RNEY O R PARTY WITH OUT ATI

{ SBN : 68 6 6 1 )
Alameda ,

B augh

MAIL ADDRESS (Optional):

fL-3110

:f{}(;J}A;f1.'[)"
-- FILE-,
- J

I'
?8/ J J!,UL

28 Q-574 8

, .. 1

p / : 5 ()

1c[i1 Nkt'J(jff-6?arifa"T:Tara-----'
6r5gY
ITI1(
l
Sunnyvale CA
6 0 5 w . El C amino Re a l
STREET
1 9 1 N . First Street
ADDRESS:

MAILING ADDRESS:

c1TY .A.No z1P coDE: S a n

Jo s e ,

CA

95113

E:::::,::::::::j:::---

1
I

OTHER PARTY:

FINDINGS AND ORDER AFTER HEARING

--------------,-----------'-

.
.
li---;;;:;:;;;R -- . . .

6 - 0 8 - FL O O O l O l

-------

. This proceeding was

h ea rd

at (time): 9 : 0 0
9 , 2015
(date):
by J.udge (name): Mary Ann Gr i l l i

June

oc:i

in Dept.:

a. m.

83

0 Temporary Judge
, , ,.
On the order to. show cause, notice of motion or request for order f)led: (dae): .* .
a.

Attorney

minors

for

""Multiple , by both p_a r t 5,. es ,


f i l ed to dat e ) .

'HE COURT O RDERS

by (n ame):

IX} Attorney present

Respond enUdefendan t. present

O!herparty present

Roo m :
{ Hmited . .

(name): Phong N guyen appearance)


Attorney p re s e nt (r:iame): B r a d f o r d Baugh

.
i}Q Petitionerfplaintiff p resent

b. IXl
c. IXl

--

lXl
IX} Attorney present (name): Heather Al l an

(.all pending moti ons

attached

IXl 16XYK!X!t41

As attacl:led

IX) {2

D Other

Q Not applicable

. S9sal or family support:

As attached

ell X>KXwKR!itiX43

D Other

0 Not applicable

" Property orders:

As

, Cstody and visitation/parenting time:


1d support:

i.
.

!.

As

'

attache

Attorney's fees

As attached

Oth e r orders:

IX)

ate:

.O.rL...attacrJJ.11e nt _ __ . .

CZ]

------ --- ---- - - ..

3NATURE OF ATIORNEY FOR .

..

. . .. . .
.

PETITIONER/PLAINTIFF

.
.,,, ,,, __, ......

.....

Not app licable

Other

(Z]

Not a pplicabl e

0 on form

FL- 346

Other

an

Not applicable

Not applicable

at

Dn

pprved as conforming to court order. .

FL-344

(date)

Other

on form

As attached

This m atter is i:;ontinued for further hearing on

on the following iss ues:

RESPONDENT/DEFENDANT

(time}:

in Dept.:

at ta cbJi,,,_
e_,n
c.u..
t_____________

JUDICIAL OFFICER

OTHER PARTY

---- _:.!._o!.1.. ..
- .couns.cs,gov

CALIFORNIA JUDICIAL BRANCH NEWS SERVICE

1
2

i:\_Ttf\c H)\ll);Jf(JQJ:JBP ! NQ $ /t!JfOJ{Qf;B_ f!, 1::rt::rs


T h e above-entitled

P e ti ti o ne r bing

matter having

presen with

..

lli:: J:! N.\; ..

come on for heari n g o n J une 9 , 20 1 5 and

her atto rney, Phong Nguyen; the atto rn ey for the

minors , H e a th e r Alan; being present; and Respondent ap p e a ri l! g with his ttdrn e y ,

Bradford B a u g h a n d th e court havi g h e a rd evidence a n d

following

argument makes th e

orders:

O n the d ate of heari ng , P etitioner withdrew tler request for spousal

1.

1 .0

support.

11

2.

On the d ate of hearing , Petitioner withdrew her

3:

On

12

14
15

u nti l further

17

"A" and

20

4.

to modffy support, the co u rt orders Petitioner


_
as and fo r child su pport, $ 1 ,639 per. month on the 1 st day of

order of the court. Th e

incorporate_d as findi119s.
By
a.

(pro rated for the month of March, 201 5)

DissoMaster the court used 'is attac h ed as Exhibit

stipulation, th e parti es areed t6 the fo llowlng;

The m i n ors cu n se 1, Heathr Allan, will arra nge o n e three hour


'

unsupervised visit to be agreeable to Ms . Al.I an, the min or,

Natacha,

21

The visjt will be un u pervised . After that unsupervi sed visit,

22

a n d confer rega rding futue

23

a bs e n t written

24

- b.

rq ue st for $50,000 in

P etiti_o ner' s moti ori

every month co m mencing Marcf1 1 1 , 201 5

19

"

to p a y Respond ent,

16

18

education, job trai ning and a ccerit repuctkm.

13

I n re Marri ag e of Dong and Garbe


Case No. 6-08-Fl0 0 0 1 01

3
4

CJBNS.ORG

vi s i ts .

The visits

sh

M o th e r

the parties shall meet

a l l go b a ck to being

a g re e m e n t of the .parties or ord e r

and Petitioner.

su p e rvi s e

of the cou rt, however.

may go to the 81h g rade grad u ation at I ntern ational Schoo.I

25

of the Penin s l a i n Palo Al.to on J une 1 oth, but she is not to: approac h , call out to , or

26

gestL:Ire to th e m i n o r, Natacha , or to a proac

27
28

Father or Sebastie . If Natha


.

approache s Mother without being encouraged to do so by Mother, that will not be a

violation o f this

order, however. l t i s contemplated M ?ther will

leave p rom ptly after

'

the commencement exercise is com pleted . Mother is to do nothing to make the

mino r

reaso n .

5.

Mother i s not to approah Father or Sebastien for any

The co urt finds Petitioner to be

700)

Administrative Office of the Couris . Th e request for b.o rid is denied without

is concurrently sig_ned and


This

6.

12
1

Dated:

1-5
16

_
_
_
_
_
_

14

.Approved

as

__

status conference at 1 : 36 p'. m. on

4(a)

19

conforming

DATE D:

21

24

Al\ach.F&OAH.6.9.15.wpd

22 i
23
25
26
27

BB;e&

Jun.Z'5 ,

TRT:. Fi0N onl-\Bl.:E-IVF.\R'Tl\f\l ffG"F{[]T


J udge of th e Superi or Court

..

to court or<;i er.

PTfCT.KrG-NB"OYEN-- -- ----------
Attorn(;ly fo r Petitioner

20

prejudice.

(b), above.

17
18

end orsed-filed copy to the

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f I(_,., ,,.,\ <y


r

an

set each .party's requet for attorney1s fees from that time, as

wel l as.- d eal with: a review of ection

1 -1

13

the clerk will m all

matter s moved to

29 1 5 . The court wi ll

10

vexatious l itig ant and requires 'her to

comply Jith a prefiling order. A separate prefiling order, (J u d lciql Council Form MC-

child uncomfqrtabl'e .

DATED;

k:J.(t I fl.r

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s tgna:W'i!
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Flt.KTf1DJ:\1'r -
Attorney for the Minor C hildren

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Baugh & Amini

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The Alame d a , S u i t e 1 5 5
S a n Jo s e , CA
9 5 12 6
TELEPHONE NO.: ( 4 0 8 )
2 8 7 - 7 7 9 Q FAX NO.

(Options/):

E-MAIL ADDRESS (Oplional):

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ATIORNEY FDR INa1ne; O l i v i e r
STREET ADDREss: 6 0 5 W .

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MAILING ADDREss: 1 9 1

N . First
Jo s e, CA
BRANCH NAME: F ami 1 y L a w

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95113

PETITIONER/PLAINTIFF: DI J\Nf'1. Q I/\0


-

DONG
---

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- -- - - ---- ---.. -- -

" ' "

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CASE NUMBER:

6 - 0 8 - FL O O O l O l

RESPONDENT/DEFENDANT: O L I V I E R GARBE

(If applicable, provide):

OTHER PARENT/PARTY:

PROOF OF

9 KF
lJrL -t.
oFL-3.35
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_HD

SE-?z-N-L\y5
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S ERV I C E BY MAIL

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-- ---- ----.-.v-- ---......-------- ---- -

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HEARING DATE:
DEPT.: 8 3

HEARING TIME:

..._________...._
..._
_
_
_
_
_
_
_
_
_ -----

\IOTlCE: To serve temporary restraini n g o rd e rs you m u st use pe rs o n al service (see form F L-330).

1.
2.

1 am at least

18 years of age, not a party to this action, and I am a resident of or employed in the cou nty here the mailing took

place.

My residence or business ad dres s is:

1 5 5 0 T h e A l ameda , Su i t e
S an Jo s e , CA 9 5 1 2 6
3.

155

1 served a copy of the following documents (specify) :

Notice

of

Ent ry

of

O r de r ;

orde r

f i led

Ju l y ,

2015

,y e ncl osin g them in an envelope AND

a. D
b.

IXl

depositing the sealed envelope with the United States P ostal S e rvice with the postage fully prepaid.

placing the envelope for collection and mailing o n the d ate and at the place shown in item 4 following our ordinary.

business practices.

am readily familiar with thi s business's practice for collecting and processing correspondence for

i n On the same day that correspondence is pl aced fo r collection

ma li g .

business with the United States P o st al Service in

4.

The envelope was addressed and mailed as foll ows:

a.

Ad dre s s :

c.

Date m ai l e d : Ju l y

d.

5.

Name of person served:

b.

H eather

2 07 6
S an

8 , . 2015
San

Place of mailing (city and state):

Al l a n

Lincoln
Jos e ,

Jo s e ,

and mailing, it is d eposited .in the ordinary course of

s e al e d envelope with postage full y prepaid.

Phong

84

Avenue

CA

95125

San

S an t a

Jo s e ,

95113

Clara

CA

Street,

i7 9 0

CA

I served a request to modify a child custody, visitation, o r child support judgment or permanent order which included an

ljrpo;n.)

'.
"
/

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l
"
l'
l
ouo"Jt
flW
J /lJj!./t}J f-? ,

address verification declaration. (Declaration Regarding Address Verification-Postjl!dgment Request to Modify a Child
Custody, Visitation, or C/Jild Supporl Order (form FL-334) may b e used for this

6.

Nguyen

W.

I declare under penalty of p e rjury under the law' of the s a te of California

Date: July 8 ,

2015

(:b e.r.i e____;_ 1,J '. .: i t f <J t t1

......

..

(TYPE OR PRINT NAME)

- - - ..- . . ---- ---- - - - -

orrect.

-------

______ ,,, .-.... ... ... ....._......

(SIGNATURE OF PERSON COMPLETING l;HIS FORM)


....... .... ............

.. ..

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----

..

_____ ____. _

1_0 13_, !_1_3a

------- - - - - g,_1

Code of Civil Procedure,

1__1

\\

EXHIBIT D

CALIFORNIA JUDICIAL BRANCH NEWS SERVICE

CJBNS.ORG

3
4

5
6

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SANTA CLARA

In Re the Marriage of

10

Petitioner:

11
13

14
16

17

Ann Grilli, Judge of the Superior Court, presiding. Phong Nguyen appeared with the Petitioner.
ii

and evidence in the matter, and good cause appearing, makes the following findings and orders:

Code 2030 and 27 1 . Respondent (hereinafter referrnd to as Father for clarity) has requested fees
under fm1ily:_.Code 27 1 .

20

This case i s a high conflict and contentious action. There are now over 3 2 volumes of

21

the court file. Mother has previously been ordered to pay fees to Father in the sum of $ 1 00,000 on

22

June 23, 2 0 1 4, pursuant to fmn_i h::._Code 271 and 3557. In addition, on November 26, 201 4, Mother

23

26

Bradford B augh appeared with Respondent. The Court, having heard testimony, reviewed the files

Petitioner (hereinafter referred to as Mother for clarity) has requested fees under Family

19

25

)
)

CASE NO. 6-08-FL-000101

FINDINGS AND
ORDER AFTER HEARING

This maiter came on regulady for hearing on November 20, 20 1 5, the Honorable Mmy

18

24

)
)

DIANA QIAO DONG

Respondent: OLIVIER GARBE

12

15

)
)

was also ordered to pay an additional fee amount o.f$6,000. None of the fees or interest thereon have
1

been paid by Mother since they were ordered.


Under existing orders, Mother owes Father child support for the children. Mother has
F I N D I NG S

AND

ORDER

AFTER HEAR I NG

.,

!j
:

or wage assignment. CruTently, Mother is not paying the monthly child support due. There is a motion

fl1!

II\i
h

:i
6
7
8

10

11

12
13

14

never voluntarily paid any child suppo1t in this action. The only child support paid was paid via a writ

i
!'

l
i!

to modify child support pending, but such a motio n does not excuse the Mother in this case from
paying any child support for the children.

Mother has been found to be a vexatious litigant in thi s action on June 9, 20 1 5 . There

have been numerous motions fi led by Mother that were frivolous and served to prolong this action and

increase the expenses Father has had to pay. In her last support motion, for example, Mother sought

spousal support in addition to child support. Pursuant to the Judgment in this action, spousal support

I in this matter terminated on January 25, 20 1 3 , and the Court retained no jurisdiction to extend spousal
I
support beyond that date. This is but one example of many unfounded and frivolous motions in this
matter filed by Mother.
Mother seeks fees under Fm:nily Code 2030 and 27 1 .

Mother' s Attorney's Fee

Declaration states that Mother is seeking $ 1 25,000 in fees and costs. Father is seeking $50,000 in fees

and sanctions against :Mother.

Mother contends that she has no income and that Father should pay her fees, including

15

the past fees as well as claims for future fees. Issues relating to fees herein have been litigated on a

17

Mother has been the subj ect of a Seek Work or Employment Efforts Order since

16

18
19

20

21
22
23
24

25
26

number of occa<>ions.
November, 20 1 2 . Her latest j ob search efforts do not comply with the terms ofthe order. It is notable
that this finding was made in the earlier fee order filed June 23, 2014. In that Order, the Court
amended the earlier Employment Efforts Order to more clearly set forth the precise requirements for

I! the monthly reports Mother is to provide to Father concerning her j ob efforts. Mother has, once again,
failed to follow the clear terms of the Seek Work Order.

The Seek Work Order requires the Mother to provide monthly reports in the form that is

attached to the Seek Work Order, a eopy o f which was attached to the Order, For clarity, the Court

vvill again attach a copy ofthe Seek Work Order and incorporate it herein. Mother must fully comply

with the orders and provide all of the information the report attached to the Order requires. This
F I ND I NGS

AND

ORDER

AFTER HEAR I NG

includes, but is not limited to, providing infonnation on who she contacted, name and phone number

or other address for contacts, what follow up efforts were made, and the results of the application

process.

Mother is a highly educated and skilled worker. The evidence she presented indicated

that it appears that she did not generate even a single interview for the period in question.

In its order dated June 23, 20 1 4, the Court impute d income to the Mother at $ 1 0,962 per

month. No evidence was submitted at the fee hearing to show that the Court should not continue to

impute income to Mother at that level. In the June 23, 2 0 1 4 Order, the Court also found that there were

7
8
9

10

ll
12
13

14

15
16

jobs available to Mother and she clearly had the ability to earn at that level. At the hearing on this

'

motion, no evidence was submitted that the current situation would justify a change in this finding

In addition, in the Jm1e 23, 2014 order, the Court found that Mother' s testimony lacked

rning the home that Mother bought

credibility. The Court made detailed findings in the Order conce

and did not list on her prior Income and Expense Declaration. The Court incorporates its findings
from June 23, 20 1 4, into this Findings and Order.

Mother, in her latest Income and Expense Declaration, again asserts that she has no
income. She also asserts that her mortgage payments are being paid by equity payments from her
house, yet no such payment is shown on the estimated expenses listed. The last payment shown on the

17

HELOC loan was alleged to have been made in September, 20 14, over a year ago. Mother also shows

19

expenses are being p aid.

21

payments on her $ 1 ,093,068 home, while at the same time not paying any amount toward the

18
20

$2,720 in monthly expenses with no listed income to pay them

The Court finds that Mother seems able to manage to maintain in some way the loan

22

outstanding child support obligation.

24

approximately $2,345 per

23

25

26

and no explanation on how the

Father has earnings of approximately $20.833 per month in wages plus a fringe benefit of
mo nth

and -interest income of approximately $5 1 per month. Father has

recently bought a house, which has interest payments of approximately $3039 per month and property
taxes of $2,3 8 1 per month.
F I ND I NG S

AND ORDER

A FTER HEAR I NG

-5

the evidene:e submitted by each party to this matter.

The Comt finds that it would be

any child support other than that taken by writ. Substantial arrears exist, but Mother pays none of the

child support, both current and arrears now due, not even a fraction of them. Instead, Mother elected

to p ay $8,000 to her attorney and not to pay child support.

attorney' s fees previously ordered in this matter.

In the case of i\1arrit:\g of Hofer, 20 8 Cal.

,,
f

1 1 1 (20 l 5). The doctrine is similar to unclean hands .

11

In this case, Mother seeks an award o ffees while she ignores virtually every court order

12

in this matter. She has been declared a vexatious litigant as a result of her actions. Her conduct should

13

not be rewarded by an order for fees.

14

While i t is correct that there is a disparity in income between the parties, even with

15

imputed income to Mother, that fact does not, in and of itself deprive the Court of its ability to weigh

16

the facts and the law and to deny a fee request. The Court finds that this is one of those cases where a

17

fee order based on alleged needs should be denied.

18

22

23
24

25

26

App . 4th 454, the Court of Appeal described

who has refused to follow or disobeys court orders . See, Ho goboom & King, section 1 6:327,7, p. 1 6-

10

21

She has also elected no t to pay the

what is known as the disentitlement doctrine. This doctrine can be applied to deny relief to a party

20

easonable and inequitable under all of the facts of

this case to order the Father to pay the attorney' s fees ofthe Mother. Mother has chosen to fail to pay

19

The Court has reviewed all applicable factors under Familv Codg 4320, as well as all of

I
1
I

..

Regarding the fees requested by each party under

Fnmi}v Codc _27 1 ,

carefully reviewed the extensive evidence submitted by each party.

the Court has

The Court finds that it is

appropriate under the facts of this case to order Mother to pay fees as sanctions to Father, through his

attorney, in the sum of $20,000, which sum shall be due forthwith. This order will not cause an undue
financial hardship. Mother has real property valued at over l million dollars, which she apparently is

not paying the debt per her Income and Expense Declaration.

She asserts that she has not been

working since 20 12, yet, somehow, she meets her expenses. HO\vever, she chooses not to pay child

support or past due court ordered fees. Mother has been found to be vexatious relating to her actions
F I ND I NG S

AND

ORDER A FTER
4

HEAR I NG

during the course of this case. Those actions and the findings herein j ustify an order for fees under

section 27 1 .

evidence that would justify such an order.

Based upon the files and evidence in this matter and the findings herein,

10

11

12

13

l4

15

16
17

Mother' s request for fees under Finnilv Code27 1 is unsupported by any credible

IT IS ORDERED THAT:

Family Codc203 0 is

1.

Petitioner's request for attorney's fees and costs pursuant to

2.

Respondent ' s request for fees pursuant to Family Code 27 1 is granted. Petitioner

denied.

shall pay to Respondent, through his counsel, the sum of $20,000, which sum is due forthwith.

These fees as ordered will not create an undue financial hardship. Any outstanding balance shall

bear interest at the legal rate, which is currently 1 0%.


3.

Petitioner's request for fees pursuant to Familv Code 27 1 is denied. Petitioner did

not meet the burden of proof for orders under this section.

DATED :

,,---

,___. \-{

JUDGE OF THE SUPERIOR COU RT

18

19

2. 0
21

22

23 .
24

25

26

F I N D I NGS AND ORDER AFTER HEAR I NG


5

I S U PERIOR COURT OF CALIFORNIA, C O U NTY O F SANTA CLARA


\_ sTREET ADDRESs: 0--0 We.st tz l 0-1.lhvec:.
.

II

- --- -

_____________..,_

PETITIONER:

- -

RESPONDENT:

-----

: T i S ORDEREO THAT:
-

..'.1

CASE NU MBER:

sE E K WORK ORDER

----- - - ------- - -

- -

bi . Petitioner
Respondent sha!I make ail reasonab!e good faith efforts to seek and obtain gainful. .. . . . .
employment i n accordance with his/her ski!ls and abilities. Failure to d o s o may result i n the Court basing
su pport o n ability to earn for the purposes of determining c h i ld and spousal support. Failure to make

g o o d faith efforts may be considered by the court as a basls for modifying, s etting, or terminating
support.

2.

The job seeker shall make at least

0 ten {10) 0

__

appl ications

for j o bs

every week

and

shall

immediately reg ister with at least five (5). temporary employment agencies, including the One Stop
Center in hisfher cou nty. The job seeker shall keep a written log of all efforts to obtain employment, including
registering for work with temporary agencies during any periods of u nemployment. The log shall be ln writing
on the form attached to this Order and shall incl ude the name, address, telephone n umber, and email address,

if applicable, of any application made, the date of the job appl ication or interview, and the results of the

applicatlon and any follow up done. Copies of the log shall be sent to the other party and his or her attorney on
.
Online job applications
a monthly basis on or before the first of each mon 'i. starti ng

a l o n e s h all not b e s ufficient to satisfy the requirem ents of this order to actively s eek emp loyment.
YOU MUST B RI N G T H E O RIGI NAL LOGS TO THE N EXT COU RT H EARl N G .

0 Other Orders:
3.

I n the event that the j o b seeker becomes employed o r self-employed , whethe r full time o r part time, that party

shall within 48 hours notify the other party or the attorney for the other party in writing of the name, telephone

number, and address of the new employer, as well as the rate of pay. Any modification of support as a result

empioymeht befo re the next l iearin g, fie or she is fo bri n g

copies

(3J mos1 "fi;}cenf pa:Y- stu6s (if

of obtaining employment shall be effective as of the d ate of employment. If the job seeker has obtained

Of three

available) or a letter of employment for any p eriods of employment as well as the logs for any periods of

unemployment.

4.

The parties shail return o n

LJ

a.m./ p . m. in Department

at

before

the Court Settlement Officer to review the efforts toward obtaining employment. to recommend additional or
different efforts toward obtaining employment, and, if appropriate , to order recalculation of support based on
the lack of good faith efforts toward o btaining employment, inciuding the imputation of income. Such
imputation and recalculation may relate back to the fi ling date of this order.

N OTICE: FAILURE T O APPEAR FOR THE REVI EW HEARING O N THE DATE ABOVE MAY RESULT IN A

SUPPORT ORDER BASED U P O N AN I MPUTED O R ESTIMATED

LEVEL OF YO U R I NCOME WITH OUT YOUR

APPEARANCE. S U P P O RT MAY BE BASED U P O N YO U R ABI LITY TO EARN WHETHER OR NOT YOU ARE
EMPLOYED.

ACTUALLY

D ate:

-
- -

. - - - - ---

J u d icial officer of the

FM< 1 20 REV i/1i14


.,..._

-------

. ------

SEEK WORK ORDER

Superior Court

Page 1 of 2

' --------- - ------, .., __, ,_.,_____------ ----- ------

WORK S EARC H REPORT

REPORT PERI O D :

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TO :.

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a copy for your records.

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omplete and i g_
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doclard t;1der penalty of perjury u n de r the laws of the

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true and correl.

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1
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SUPERIOR COURT

19 1

OF

CALIFORNIA ,
N.

S an Jo s e ,

COUNTY

OF

SANTA CLARA

9 5 113 - 10 9 0

First
CA

S treet

u
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....... 0 1' 20'j '.}

Bradford Baugh
Dok Baugh Tarvin & Amini
1 5 5 0 The Alameda
Suite 1 5 5
S an Jos e ,
CA 9 5 1 2 6

TO :

RE :
Diana Q . Dong And Ol ivier Garbe
Ca s e Nbr :
6 - 0 8 - FL - 0 0 0 1 0 1

PROOF O F SERVICE

F i ndings

and order after

1 1 - 2 0 - 1 5 hearing

was del ivered to the part i e s l i s ted be low in the above ent i t led c a s e as
forth in the s worn dec larat ion be low .

P a r t i e s /At torneys

s et

of Record :

CC :
Phong Nguyen
R4

r f you,

S anta C l ara S t ,

p:7.r::y rp?:sented by

Cd.se.'b:.. l i ties
th.:

WP. s t

J.\ct

Voi.o/rcz:

jrou .

S an Jose ,

CaJ. i.forni?.

Relay se1:vice ,

l)gc,?.J-<...\T.l.ON VF' SEF:V.ICE B?' Mi\l'L ;


CA or..

or a witness t o be cElled en

please cont.a c t the Court

CA 9 5 1 1 3

12/02/::.. s .

{ 3 0 0 } 7 3 5 - :2 92 7. .

sei.-ved

and. by depos i r.ing the

DAV.ID .H .

behal f o f that party

Admini strator s office

:r. declare that I

pcison ho-= n:-:.e i s .sho,:.. aboV"e 1


San 1JOS. 1

#790 ,

_; '

y/..111..SF-_K:r

at

tb is nc: t i c e

{408) SB2-2700,

by enclosing

need an accommodation unde::: the American with

or use

the Court ' s TDD line,

a t:.rue copy

in

a sealed envelope ,

envelope with postage fu1.ly prepaid, in the United

Chj__ef xecut ive

Ofticer/Cl.erk

by Jal'.f;? t t a Reser,

( 4 0 8 ) 8 9:2 - 2 6 9 0

Deputy

or

add:r:esseci" to ea.ch

States .:ail at:.

EXHIBIT E

CALIFORNIA JUDICIAL BRANCH NEWS SERVICE

B radford Baugh - SB# 68661

1 550 The Alameda, Suite 1 55

CJBNS.ORG

BAUGH & AMINI


San Jose, California 95126

3
4
5

(408) 287-7790
.::i

Attorneys for Respondent, Olivier Garbe

----

--

6
7
8
9

S U PERIOR COU RT OF CALIFO R N IA, C O U NTY O F SANTA CLARA


I n re Marriage of:

Case N o . 6-08-FL000 1 01

10

Petitioner: DIANA DONG

N OTICE OF ENTRY OF O RDER

11

and

APJ : G rilli, Dept . : 83

12

Respondent: O LIVI E R GARBE

13
14
15

PLEAS E TAKE NOTICE that on J u ly 6, 20 1 5 , the court entered the order


attached.

16
17

Dated J uly 8, 2 0 1 5

18
19
20

kADFORD

Attorney for
Notice.Entry.wpd
BB:cs

21
22
23
24
25
26
27
28

t:tr<Jt/9fl[f=o

ATIORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Barnumber. and address):


( S BN :

B r ad f o r d B augh

-Baugh

&

68 6 6 1 )

Ami n i

1 5 5 0 T h e Alame da r Suite
S an Jo s e , CA 9 5 1 2 6
TELEPHONE NO.: { 4 0 8 )
2 8 7 -7 7 9Q
E-MAIL ADDRESS (Optional):

155
FAX NO. (Optional):

-SUPERIOR COURT OF CAUFORNlA, _comnY Of


ATTORNEY FOR (NameJ: Re s po n dent ,
sTRW ADDREss: 6 0 5

MAILING AODREss: 1 9 1

W.

N.

(4Q8)

S an t

Oliv i e r G a rbe

El C amino Re a l ,

F i r s t S t reet
95113
c1rr .ANo z1P cooE: S an Jo s e , CA
BRANcH NAMe: Fa mi l y Law

ZHIS

2 8 0- 57 4 8

FL-340

- -

FILED

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Cf'
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S u nn yv a l e CA
cl a r a

---,.__
------

DONG

PETITIONER/P LAINTIFF: DIANl\ QIAO

RESPONDENT/DEFENDANT:OLIVIJ;:: R GARBE
OTHER PAR1Y:

,.,._ --

FINDINGS AND ORDER AFTER HEARING

1.

6 - 0 8 - FLO O O l O l

This proceeding was heard


in Depl: 8.3
Room:
at (time): 9 : 0 0 a . fil
or:i (date): June 9 , 2 0 1 5
CJ Temporary Judge
by J.udge (name): Ma r y Ann G r i l l i
... . . by (f!ame): *
On the order to show cause, notice of motion or request for order f)led (dae): .
Cl:imited
IX) Atjorney present (name): Phong Nguyen appearance)
a. W Petitioner/plaintiff present
IXI Attorney pre;ent (r:iame): B radford B au gh
b. [XJ RespondenUdefendant present
!XI Attomey present (name): Heather Al lan
c. (X) Other party present Att o rney f o r minors

THE
2,

*Multiple, by both p_art :i,. e s ,


filed to da t e- ) .

COURT O RDERS

C,ustody and visitation/parenting time:


:ii!d

support:

( al l pending motions

0 other

0 Not applicable

lXI )bftP&t2

D Other

0 Not applicable

As attached

1XJ XiKlGKKlX1

As attached

4.

SQQ_usal qr family support:

As attached

IX))Q3

O Other

D Not applicable

5.

Property orders:

As attached

D on form FL-344

D Other

W Not applicable

D Other

W Not applicable

0 on form FL-346

6. Attorney's fees

As attached

7.

Other orders:

IXl As attached

9.

0 This matter is ontinued for further hearing on (date)

D Not applicable

at (time):

on the following issues:

)ate:

:.

C\pprved as conforming to court order..

On atta chment

)IGNATURE OF ATTORNEY FOR .


Adopted for Mandatory Use
Judicial Council of California
FL-340 [Rev. January 1, 2012j

= orm

in Dept.:

JUDICIAL OFFICER

PETITIONER/PLAINTIFF

RESPONDENT/DEFENDANT

FINDIN GS- AND

OTHER PARTY

.courts.ca.gov
Page 1 of 1

OfDER AFTER HEAR!NG

(Family Law-Custody and Support-:-U nifonn Paretage)

r - -t- -

. '

I n re Marriage of Dong and Garbe


Case N o . 6-08-FL0001 01

1
2

- - -

..

-.-.. . . -----3 _______. ___ATTAGHM N tj d-i=tNtilNgs AND'T5RDER"AT-TERHEARING- ----- E

7
8

-- .

--

The above-entitled matter having come on for hearing on J une 9, 201 5 and

P etitio n e r b?ing

pres en with her 'attorney, P hong Nguyen ; th e attorney for te

mi h o rs , Heather A!lan; being p res n t; a n d Res ond ent a ppearil}g with his attorney,

B ra dfo rd Baug h and the co u rt havmg heard evidence and argment makes the

I foHowing orders:
1.

On the date of hearing , P etitioner withdrew tler request for spousal

10

s upp o rt.

11

2.

On th e d ate of h e aring , P etiti o n er

3;

On Petrtioner's motion to modify support, the court orders Ptitioner

education, job traini ng and accent reduction.

12

13

as

with drew h er rl1qu est for $50,000 in

and for chil d support, $ 1 ,639 per. month on

the

1 st d ay of

14

to pay Respondent,

15

every month .commencing Marc 1 1 , 201 5 (prorate<:!

16

u ntil further o rd e r df the court. The DissoMaster tl)e yOUrt u s e d is attached as Exhibit

17

"A" a n d incorporat.d as findir19s.

By sti pulation , the parties agreed to the fo ll owi ng :

. 4.

18
19

for the month cpf March , 201 5)

'

The minors' counsel, Heathr Allan, will arrange one three ho ur

a.

uns u pe rvis ed visit to be agreeable to Ms. Al.Ian, the m i n o r, Natacha, a nd P etiti o n er.

20

The vi sit wil l be unup rvised. After that u supervised vi s it, the parties shall m eet
.

21

a nd confer regarding futufe visits. Tbe visits s hall go b a ck to

22

23

being s uper:vised

absent written agre ement of the parties o r order of the court, however.

24

of the

25

b.

Mother m ay go to the 8th grade graduation at I nternatio nal Sch o o i

Peninsula in Palo Alto on J une 1 0th, but she is n o t to .. approach, call out to,

gest1.:1re to th e m in o r, Natacha, or to app roach Father o r S ebastien. If Natacha


\

26

or

27

approaches M othe r .without being

28

vio l atio n of this ord e r, however. It is contempl ated Mother will le ave promptly after

------- -- --A . L I. - _ L __ _ _

.
encouraged to do so by M oth e r, that will not be a

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the commencement exercise is completed. Mother is to do nothing to make the

mino r child uncomfo.rtable . Mother is not to

reason .

5.

approah Father r Sebastien for any

The co u rt finds Petitioner to be a vexatious

comply y..rith

700) is concurrently sig ned and the clerk will mail

Administrative Office of the Courts . The

6.

9.

requires her to

prefiliilg order. A s e p a rate prefiling order, (JudiciI Co.uncil Form MC-

6.

litigant ad

an endorse(j-filed copy to th e

request for b:>nd is denied without prejudice.

This matter .is moved _to status conference at 1 :30 p.m. cm June 251.

20 1 5. The court wit!

set each

party's request for attorney's fees from that time, as

vvell as dea:t with : a review of ection 4(a) - 4 (b)1 above.

1 0
11
12

13

Dated:

THE HONORABLE MARY ANN GRlITf


Judge of the $.uperior Go.u rt

14
15
1'6

Approved as

conforming to court orer.

17
18

DATE D :

19

PHONG-f\fGlJYEN

-21

Attorney for Petitioner

22
23

25
26

f,

(t I .It

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20

24

DATED;

Attach.F&OAH.6.9.15.wpd
BB:cs

R
f\Lt:AN
Attorney for the Minor Children .

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68661)

ATIORNEY OR PARTY WITHOUT ATIORNEY (Name, Stale Bar number, and adlfress):

i_ B r a d f o rd
&

( S BN :

Baugh

1 5 5 0 T h e Alame da , Sui t e 1 5 5
S a n Jo s e , CA
9 5 12 6
( 4 0 8 ) 2 8 7 - 7 7 9 0 FAX NO. (Optional): ( 4 0 8 )
TELEPHONE NO.:

B augh

Ami n i

i E-MAIL ADDRESS (Optional):

R
ATIO NEY FOR (NameJ:

605 w .

191 N .

El

COUNTY

Camino

2 8 0 - 57 4 8

Sunnyval e ,

9 4 087

CA

First S t reet
c
c1TYANo z1P oDE: S a n
Jo s e, CA 9 5 1 1 3
BRANCH NAME: Fami ly
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MAILING ADDREss:

RES P ONDENT/DEFENDANT: OLIV I ER GARBE

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P ROOF
OTHER PARENT/PARTY:

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--

O F S ERVICE BY

MAIL

______
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_
__
_
_
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_
_
_
_
_
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you must use

personal service

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serve temporary restrai ning orders

NOTICE: To

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OF S anta " cfa-r a

Rea l ,

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20\5 JUL - 9 !. PK 2
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O l i v i e r G a rb e

1SUPERIOR-colTR"f"oF CALIFORN IA,


STREET ADDRESS:

hl) O R S E )
F L-335

FOR CO R
U T USE

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B_
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E
ASE N

-1

6-0 8 -F

LO O O l O l

"'

(ff applicable, provide):

HEARING DATE:

83

HEARING TIME:

DEPT.:

(see form

FL-330).

l am at least 1 B years of age, not a party to this action, and I am a resident of or employed in the county where the mailing took
place.

2.

3.

1 5 5 0 The A l ameda , Sui t e 1 5 5


S a n Jo s e , CA 9 5 1 2 6

My residence or business address is:

o f Entry 0 O r de r ;

f i l e d July 6 ,

I served a copy of the following documents (specify) :

N o t i ce

o rd e r

2015

D d epositing the sealed envelope with the United States Postal Service with the postage fully prepaid.
IX) pl acing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary.

by enclosing them in an envelope AND


a.
b.

business practices. I am readily familiar with his business's practice for collecting and processing correspondence for
mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of
business with the United States Postal Service in a sealed envelope with postage fully prepaid.

4.

5.

The envelope was addressed and mailed as follows:


a.

Name of person served:

b.

Address:

H e a th e r A l l an

2 015

8r

c.

Date mailed: July

d.

Place of mailing (city and state):

Phong Nguyen

2 0 7 6 Lincoln Avenue
S an Jos e , CA 9 5 1 2 5

S an

Jo s e ,

84 W.

S an t a Clara

S a n Jo s e ,

CA 9 5 1 1 3

Stre e t ,

#7 9 0

CA

l served a request to modify a child custody, visitation, or child support judgment o r permanent order which included an

p pose.)

address verification declaration. (Declaration Regarding Address Verification-Postjl.!dgment Request to Modify a Child

7 regclftJi j

Custody, Visitation, or Child Support Order (form FL-334) may be used for this
6.

I declare under penalty of peury under the lam of the

Date: Ju ly

8,

201s

L -ic: ..: i_:::._ S0.a.da(:_i:2


.

__

_____ _ __

(TYPE OR PRINT NAME)

Form Approved for Optional Use


Judicial Council of California
FL:335 !Rev. January , 2012]

. ... - - - - --

MartfnVcan's
I HrNTIAI F.flRWi"'. .

state of California th .

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P RO O F OF S E RVICE BY MAIL

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(S1GNATURE OF PERSON COMPLETING 1:fi1S FORM)

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Page 1 of 1

Code of Civil Procedure, 1013, 1013a

.Martiaqe.

of.

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www.courts.ca gov

Donq

Bradford Baugh - SB# 68661

1 550 The Alameda, Suite 1 55

J J OR SED F \ L E G

BAU G H & AMINI

10\S JUL - 9 P M 2 : 43

San Jose, California 95126

l......, .c:::; :.

(408) 287-7790

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Attor_neys for Respondent, Olivie r Garbe

""::(.-ii. '-.::,;

6
7
S U P E RIOR C O U RT OF CALIFORNIA, C O U NTY O F SANTA CLARA

I n re Marriage of:

Case N o . 6-08-FL000 1 0 1

10

Petitioner: D IANA D O N G

NOTICE O F ENTRY OF ORDER

11

and

APJ : G rilli , Dept. : 83

12

Res pondent: O LIVI E R GARBE

13
PLEAS E TAKE N OT I C E that o n July 6 , 20 1 5, the cou rt entered the order

14
15

attached.

16
17

Dated: J uly 8, 2 0 1 5

18

B y_
BRAD FORD

Attorney for

19
Notice.try.wpd

20

BB:cs

21
22
23
24
25
26
27
28 .
l

:I

II Marriage of Dong

&

Garbe

1
Notice of Entry of Order

No. 6-08..fL000101

EXHIBIT F

CALIFORNIA JUDICIAL BRANCH NEWS SERVICE

I--

S U P E R I O R COU RT O F CALIFORNIA, COU NTY OF SANT A CLARA

l
i

ClTY AND ZiP CODE:


BRANCH NAME:

1 70 Park Avenue, San Jose, CA 951 1 3

STREET ADDRESS:

PETITIONER:
RESPONDENT:

San Jose, Caiifornia 951 1 3

l
i

. C?f'-.
t
-------

Family Courthouse - Family Law Division

f'

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>----- ----

BY4-i

! CASE NUMBER:

-'-'l(o=-D=--=-l 0 \.

_
_
_
_
_

IT IS O RD ERED THAT :
Petitioner

Respondent shall make a ! I reasonabie aood faith efforts t o seek and obtain ga!nfu!

ent ln accordance with

s u p port o n a b i l i ty

to

s u p port.

hisiher skills and abilities. Failure to d o so may result

for the purposes of


b e co n si d e re d by the

earn

g o o d faith efforts may

2.

..,..-- ..-....-..-----.

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_

....mp!oy

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DA\!JD il 'fAf11t1"'.:,:;: \' '

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Chli:1 c:;';'Q;,'vti ql l.'lPlM cwr.
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1.

NDV3l./201'l.

191 North First Street

MAlLI NG ADDRESS:

CJBNS.ORG

i m m ed iately register with at

th e Court basing

121.-
- a P1pp
a l ications for jobs

court as a basis for m o d ifyin g , setting, or terminati n g

0 ten (1 0)
least five (5) tem po rary

T h e j o b seeker s h a l l make a t least

in

determ i n ing child and spousal su pport. Failure to make

every week and shall

e mploym e nt agencies, including the One Stop

registering for work with temporary agencies d u ring a ny periods of unemployment. The log shall be in writing

C enter in his/her county. The job seeker shall keep a written log of all efforts to obtain employment, including

o n th e form attached to th ls Order and shall inclu d e the name, address, telephone number, and email address,
a p p l ication and any fol low u p done. Copies of the log shall b e sen.t to the othe r p arty and his or her atrorney on

if a p p!icabie, of any application made, the date of the job application or interview, and the results of the

i2:::.:.L:j .

a l o n e s h all n o t be suffi c i e n t to satisfy the requ irements of 'this order to actively seek employment.
a m o nthly basis on or before the first of each month, starting

Online job applications

YOU M UST B R I N G THE O R I G I NAL LOGS TO THE N EXT C O U RT H EARIN G .

0
3.

O t h e r Orders:

I n th e event that the job seeker becom es employed or self-employed , whether full time or part time, that party
shall within 48 hours notify the other party or the attorney for the other party in writing of the name, telephone

n u m b er, and a d d ress of the n ew employer, as w e l l as the rate of pay. Any m od ification of support as a result
of obtaining employment s h a l l be effective as of the date of employment. If the job seeker has obtained
employment before the next heari n g , he cir s h e is to bring copies of three (3) m ost recent paystubs (if
availabl e) or a letter of employment for any p eriod s of employment as well as the logs for any periods of

4.

unemployment.

( --{)--fj

Jp.m.

'3

The p a rties s h a l l return on


U at
in Departrnent
D before
the Court Settlement Officer to review the efforts towari:J obtaining employment, to recommend additional or
differen t efforts toward obtain ing em ploym ent, a n d , if appropriate, to order recalculation of support based on

the l ack of good faith efforts toward obtaining employment, includ in g the imputation of income.

i m putation and recalculati o n

may relate

back t o t h e fil i n g

date of this o rder.

Such

N OTICE: FAI L U R E TO APPEAR FOR THE REVIEW H EARIN G O N THE DAT E ABOVE MAY RESULT !N A
S U P P O RT ORDE R BASED U P O N AN I M P UTED O R ESTIMATED LEVEL O F YOU R INCOME WITHOUT YOUR
APPEARANCE. S U P P O RT M AY BE B AS E D U P O N YOU R ABILITY TO EARN WHETHER OR NOT YOU ARE
ACT U AL LY E M P LOYED .

D ate:

---l \ -36-{

Mary Ann GrHU


------- ----------

J udicial Officer

of the

Su perior Court

WORK S EARCH RE P O RT
TO :

REPORT PERIOD:

-----
------

Please make multiple copies of this form for

"

-----

use. Complete and sign each form.

----------

You must. bring the originals to y=. courearing an mak a copy for your re!.._:_
. . -

_
_

your

" o iti r)A,pp lie


d
P s o

r -- - r oate of "" - E'mpioyero"r-Agency- -Contacnqame" "'" "'" ' ' How-ciici yau --

r """ ' " ' "Res"ults""'"-- r

Empioym"ent '', ,

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'

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I declare u n d e r p enalty of perjury under the laws of the State of California that the i nformation contained in this report is true a n.d correct.
Date:

---------

__

Sig nature:

-
-

CSB# (sL.

_____

.. .- '" """"'"""

CALIFORNIA JUDICIAL BRANCH NEWS SERVICE

1
2
3
4
5

CJBNS.ORG

Bradford Baugh - SB# 68661


BAUGH & AMINI

1550 The Alameda, Suite 1 55


San Jose, California 951 26
{408) 287-7790
Attorneys for Respondent, Olivier Garbe

6
7
S U PERIO R C O U RT OF CALI FORN IA, COU NTY O F SANTA CLARA

I n re Marriage of:

Case No. 6-08-F L000 1 0 1

10

Petitioner: DIANA DONG

11

and

DECLARATION OF OLIVIER
GARBE

12

Respondent: O LIVI E R GAR B E

Hearing :
APJ : Grilli
Dept. : 83

13
14

I , O l ivier Garbe, declare :

15

1.

I am the Respondent i n the above-entitled action .

16

2.

O n S eptembe r 1 7, 20 1 3, the court made a calculation of support

17

due me and ordered distributions from the sale of the com m u n ity residence. That

18

order adopted the calculations of M s. Alger, shown on Exhibit "A- 1 11 through "A-2" as

19

of Februa ry 24 , 20 1 3 .

20

3.

S ince receiving the sums d ue to m e as child sup port, whi ch were

21

included i n the check of $397,604 . 5 1 mentioned in the order, I have received n o

22

child support from Ms. Dong other than a check from Ms. Yeamans in the amount of

23

$3, 880 on Decembe r 1 , 20 1 4 . In .the interest of clarity, the $397 ,604. 5 1 check also

24

included sums due fo r p reviously o rdered sanctions, fun d s removed from the

25

children's accounts, and an equalizing payment fo r the p roperty judg ment. The

26

property equalizing payment with i nterest alone was $ 1 6 1 , 323.46 of the

27

$397,604 . 5 1 .

28

4.

T h e o rder filed September 1 7, 2 0 1 3 set chi l d support from myself t o M s .


1

Declaration of Olivier Garbe

No. 6-08-FL0001 01

Dong at $544 per m onth, and commencing J une 1 , 20 1 3, $448 per month plus

allocation for private school, uninsured healthcare costs, etc. The support orders

filed after that, i n chronological o rder, are:

a.

5
6

J u n e 23, 201 4 which makes t h e fol lowing orders:


( i ) J une 1 , 2 0 1 3 to March 3 1 , 201 4 , arrears of $4 ,480 from

Petitioner to me, n ot including interest (J une 23, 20 1 4 o rder at 6: 1 1 -1 4) .

(ii) Add-on arrearages of $ 1 ,800 from Petitioner to me for June 1 1

20 1 3 through May 3 1 , 20 1 4 for daycare, not incl ud i ng i nterest (J une 2 3 , 20 1 4 order

at 6 : 1 5- 1 9) .

10
11

(iii) U n insured h ealthcare thro u g h May 2 , 201 4 of $663.53 from


Petitioner to m e , n ot i nclu ding i nterest.

12

( iv) Attorney's fees as sanctions.

13

(v) $ 1 ,623 a month child support from P etitioner to me for April 1 ,

14

201 4 onward.
b.

15

On July 6, 201 5 , an order was filed modifying support based on

16

Petitioner's request to modify to $ 1 ,639 a month commencing March 1 1 , 2 0 1 5 (order

17

filed J u ly 6 , 20 1 5 at 1 : 1 3- 1 7 ) .

18
19

5.

The past d u e child support, not incl u ding i n terest, i s as follows:


a.

From J une 23. 201 4 order:

20

Arrears:

$4,480.00

21

Daycare:

$ 1 , 800.00

22

N on-covered health costs:

$66 3 . 53

23

C h ild support 4/1 / 1 4 - 3/1 1 / 1 4 : i.1.Q,753.55

24
25

Subtotal :
b.

26
27
28

c.

$23 , 697. 08

From J uly 6. 201 5 order:


From 3/1 1 /1 5 - 2/2/1 6 :

$ 1 7 , 500.29

Payment:

($3, 880.00)

This sum does n ot i nclude uninsured healthcare or daycare , which Petitioner refuses

2
Declaration of Olivier Garbe

No. 6-08-FL000 1 01

to pay.

The order filed J uly 6, 20 1 5 is final, not having been appealed fro m .

6.

There h ave been findings and orders for attorney's fees under FC 27 1 ,

$20,000 i n fees was ordered paid to me by Petitioner under FC 27 1 i n a n order

fi led Decem ber 1 , 2 0 1 5. That order has not been a ppealed , although it was served

o n Mr. Ng uyen, Petitioner's counsel of record o n that date . My cou nsel filed a notice

of entry of order of the J u ly 6 , 201 5 order on J uly 9 , 20 1 5. N o appeal was taken . I

have been awarded a furthe r $6,000 i n sanctions. None of the final sanctions, of

$26, 000 have been pai d , and of cou rse, the $ 1 00,000 i n sanctions on appeal has

10

not been paid .

11

7.

I have n o t been paid any o f the sums d ue as child support listed in

12

para g raphs 4 and 5 , above, which total $37,3 1 7.37, not i ncluding i nterest. I have not

13

been paid uninsured daycare o r healthcare for either of the children , which, since it

14

was last q uantified i n 20 1 4 i s now $ ______ , g iving a g rand total of

15

$_____ , not i ncluding i nterest.

16

8.

T h e court should b e aware there i s a h eari n g set for March 9 , 20 1 6 in

17

thi s case as Petitio ner has b rought her annual m otion to modify child support.

18

Potentially that motion could be retroactive to October 2 2 , 201 5.

19
20

I declare under penalty of perj u ry the above i s true and correct a n d this

d eclaration is made thi s

__

day of February, 20 1 6 at Mountain View, California.

21
22

OLIVI ER GARBE
Respondent

23
24
25
26

Dec.Client.2.9.i6.wpd

BB:cs

27
28
Marriage of Dong & Garbe

3
Declaration of Olivier Garbe

No.

6-08-FL000101