Preview
D.D. Hughmanick (Bar No.
dhughmanick@terralaw.com
Breck E. Milde (Bar No.
bmilde@terralaw.com
TERRA LAW LLP
W. Santa Clara St., Suite
San Jose, California 95113
(408)
Attorneys for Judgment Creditor Mandy J. Brady
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
CYRUS HAZARI, Case No. CV295730
Plaintiff SUPPLEMENTAL REQUEST FOR
JUDICIAL NOTICE IN SUPPORT OF
JUDGMENT CREDITOR MANDY J.
BRADY’S OPPOSITION TO PETITION
MANDY J. BRADY, AND ALL PERSONS
TO DETERMINE VALIDITY OF THIRD
UNKNOWN CLAIMING ANY
PARTY CLAIM
EQUITABLE RIGHT, TITLE, ESTATE,
LIEN, OR INTEREST IN THE PROPERTY
Date: January 18, 2024
DESCRIBED IN THE COMPLAINT
ADVERSE TO PLAINTIFF'S TITLE, OR
Dept:
ANY CLOUD ON PLAINTIFF'S TITLE
Judge: Hon. Socrates P. Manoukian
THERETO, AND DOES | 20, INCLUSIVE,
Complaint Filed: May 27, 2016
Defendants.
Judgment Entered: February 4, 2021
MANDY J. BRADY, as Trustee for the
Mandy J. Brady Living Trust,
Cross Complainant,
CYRUS HAZARI, and DOES 1 50, inclusive,
Cross Defendants.
Judgment creditor Mandy J. Brady hereby requests that the Court take judicial notice
pursuant to Evidence Code sections 452 and 453 of the following documents, true and correct
copies of which are attached hereto and made a part hereof, in support of her Opposition to
v.2
SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JUDGMENT CREDITOR MANDY J.
BRADY’S OPPOSITION TO PETITION TO DETERMINE VALIDITY OF THIRD PARTY CLAIM
Petition to Determine Validity of Third Party Claim.
Supplemental Declaration of Julian Pardo de Zela in Support of Opposition to
Plaintiff's Request for Stay and Administrative Motion for Disability Accommodation, filed in
United States District Court, Northern District of California, case no
Order Granting Motion to Dismiss filed in United States District Court, Northern
District of California case no. on October 18, 2022.
Order filed in the United States Court of Appeals for the Ninth Circuit, case no.
15221 on August 18, 2023.
Dated: January TERRA LAW
B
” Breck E, Milde
Attorneys for Defendant,
and Cross Complainant Mandy J. Brady
v.2
SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JUDGMENT CREDITOR MANDY J.
BRADY’S OPPOSITION TO PETITION TO DETERMINE VALIDITY OF THIRD PARTY CLAIM
PROOF OF SERVICE
lam a citizen of the United States and employed in the county aforesaid; I am over the
age of eighteen years, and not a party to the within action; my business address 333 W. Santa
Clara St., Ste. 910, San Jose, California 95113. On the date below I served the documents
described <
SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
JUDGMENT CREDITOR MANDY J. BRADY’S OPPOSITION TO PETITION TO
DETERMINE VALIDITY OF THIRD PARTY CLAIM
on the following person(s) in this action by placing a true copy thereof enclosed in a sealed
envelope addressed as follows:
Cyrus Hazari John F. Domingue
15209 Blue Gum Court Jenelle Welling
Saratoga, CA 95070 Rossi Domingue LLP
Tel: (408) 766 3201 Danville Blvd., Suite 172
yrus@metafusion.net Alamo, CA 945
(408) 495
john@rdlaw.net
jenelle@rdlaw.net
maria@rdlaw.net
(BY U.S. MAIL) I caused such envelope(s) with postage thereon fully prepaid to be
placed in the United States mail at San Jose, California.
(BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date
to the offices of the addressee(s).
(BY FACSIMILE) I caused such document(s) to be transmitted by facsimile on this date
to each facsimile machine number listed above.
[xX] (BY ELECTRONIC MAIL) I transmitted such documents via e mail to the parties listed
above.
(BY FEDERAL EXPRESS) I caused such envelope(s) with postage thereon fully
prepaid to be placed in a Federal Express drop box at San Jose, California.
[xX] (STATE) I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
(FEDERAL) I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.
Executed on January , 202 , at San Jose, California.
DQ Onwiplice Nawee
Douglas Hawes
v.2
SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JUDGMENT CREDITOR MANDY J.
BRADY’S OPPOSITION TO PETITION TO DETERMINE VALIDITY OF THIRD PARTY CLAIM
EXHIBIT 1
Case 4:21-cv-04262-JSW Document17 Filed 08/02/21 Page 1 of 4
JULIAN PARDO DE ZELA [SBN 246496]
JPardodeZela@messner.com
MESSNER REEVES LLP
160 W. Santa Clara Street, Suite 1000
San Jose, California 95113
Telephone: (408) 298-7120
Facsimile: (408) 298-0477
Attorneys for Defendant MANDY BRADY
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
10 Cyrus Hazari, Case No. C-21-04262 VKD
11 Plaintiff, SUPPLEMENTAL DECLARATION OF
JULIAN PARDO DE ZELA IN SUPPORT
12 Vv. OF OPPOSITION TO PLAINTIFF’S
REQUEST FOR STAY AND
13 Superior Court of Santa Clara County State of ADMINISTRATIVE MOTION FOR
California, et al. and DOES 1-100, DISABILITY ACCOMODATION
14
Defendants.
15 Judge: Hon. Virginia K. DeMarchi
16
17 I, Julian Pardo de Zela, declare as follows:
18 1 Iam an attorney at Messner Reeves LLP, attorneys of record for Mandy Brady. I
19 make this supplemental declaration in support of her Opposition to Plaintiff Cyrus Hazari’s
20 Request for Stay and Administrative Motion for Disability Accommodation. See Dkt 1, 3. The
21 foregoing is based upon matters within my own personal knowledge, except as to those matters
22 stated upon information and belief, and as to those matters I believe them to be true. If called
23 upon to testify, I could and would do so competently and truthfully as to the matters below.
24 2. The purpose of this Declaration is twofold. First, the attached exhibits demonstrate
25 that during the time period when Plaintiff Cyrus Hazari (“Hazari”) previously informed the United
26 States District Court for the Northern District of California that he was “substantially impaired”
27 and in need of accommodation, he was in fact performing physical labor, attending court hearings,
28 drafting and filing Complaints, and organizing and preparing for trial. Second, an}
Case N opinions
lo. C-21-04262 VKD
SUPPLEMENTAL DECLARATION OF JULIAN PARDO DE ZELA IN OPPOSITION TO PLAINTIFF’S REQUEST
FOR STAY AND ADMINISTRATIVE MOTION FOR DISABILITY ACCOMODATION
(05410447 /1}
Case 4:21-cv-04262-JSW Document 17 Filed 08/02/21 Page 2 of 4
offered by Dr. Dagmar Horvath as to Hazari’s medical condition should be discounted in their
entirety, because she is a pediatrician who has acknowledged she does not have the expertise to
opine on issues related to multiple sclerosis, and furthermore she has jointly owned a
condominium with Hazari, which calls her impartiality into question.
3 Enclosed as Exhibit “A” is a true and correct copy of Mandy Brady’s declaration
filed on December 12, 2018 in Hazari v. Brady, Santa Clara County Superior Court No.
16CV295730. Ms. Brady declared under penalty of perjury that she and her husband observed
Hazari performing more than an hour of physical labor during Labor Day Weekend 2018. This
Court is requested to take judicial notice of this Declaration pursuant to Fed. R. Evid. 201.
10 4 On September 20, 2018, Cyrus Hazari filed a Declaration with the Santa Clara
1 County Superior Court in Case No. 2014-FL-013527, Eva Danilak v. Radoslav Danilak (“Danilak
12 Action”). A true and correct copy of this Declaration is attached hereto as Exhibit “B”, for which
13 this Court is requested to take judicial notice pursuant to Federal Rule of Evidence 201. Hazari
14 states under penalty of perjury in paragraph 2 that he had accompanied Petitioner Eva Danilak
15 (“Petitioner”) to her court appearances in the Danilak Action since the conclusion of a domestic
16 violence trial and, in paragraph 9, that he had been a witness to every proceeding in that case since
17 he first offered his pro per assistance. He also references his appearance at an August 20, 2018
18 court hearing. (Exhibit B, § 13)
19 5 On October 9, 2018, Hazari filed a Complaint in Santa Clara County Superior
20 Court against the Wedgewood Manor Homeowners’ Association and various other defendants. A
21 true and correct copy of this Complaint is attached hereto as Exhibit “C”, for which this Court is
22 requested to take judicial notice pursuant to Federal Rule of Evidence 201. Hazari drafted the
23 Complaint himself, filing it in pro per. (Id.) The Complaint is 45 pages long and sets forth fifteen
24 causes of action. (/d.)
25 6 On or about March 11, 2019, Hazari filed, as a pro per litigant, a first amended
26 Complaint in the Danilak Action. The first amended Complaint, which Hazari drafted on behalf of
27 plaintiff Eva Danilak, consists of 80 paragraphs. A true and correct copy of this Complaint is
28 attached hereto as Exhibit “D”, for which this Court is requested to take judicial notice pursuant
ise No. C-! -04262 VKD
SUPPLEMENTAL DECLARATION OF JULIAN PARDO DE ZELA IN OPPOSITION TO PLAINTIFF’S REQUEST
FOR STAY AND ADMINISTRATIVE MOTION FOR DISABILITY ACCOMODATION
{05410447 /1}
Case 4:21-cv-04262-JSW Document 17 Filed 08/02/21 Page 3 of 4
to Federal Rule of Evidence 201. Hazari alleged that he “investigated the facts alleged by
[Petitioner]’s accuser to help [Petitioner] organize and prepare for trial...” (Exhibit D, ¥ 40)
Hazari also again admitted that he had been accompanying Petitioner to court hearings. (/d., J 45)
7 In a complaint filed against the “Superior Court of Santa Clara County” on April
12, 2019 in the United States District Court for the Northern District of California, Hazari writes
in paragraph 33 on page 8 that “My capacity has been substantially impaired since July of 2018
and I cannot appear or participate in any lawsuit...” (emphasis added) Attached hereto as
Exhibit “E” is a true and correct copy of the excerpt regarding this allegation in the Complaint,
for which this Court is requested to take judicial notice pursuant to Federal Rule of Evidence 201.
10 8 Enclosed as Exhibit “F” is a true and correct copy of a timeline that prior counsel
11 for Ms. Brady prepared which, on information and belief, demonstrates in relevant part Hazari’s
12 activities in various lawsuits. These activities included drafting pleadings and attending hearings,
13 during the time he claimed he was incapacitated and substantially impaired.
14 9 Based on information and belief, enclosed hereto as Exhibit “G” are true and
15 correct copies of a deposition transcript, deeds and a website which detail Hazari’s relationship
16 with Dr. Dagmar Horvath, the pediatrician who he has previously relied on to establish his
17 claimed medical conditions throughout prior litigation in Santa Clara County Superior Court.
18 10. Enclosed hereto as Exhibit “H” is a true and correct copy of Dr. Horvath’s website
19 as of March 2020, wherein she states her practice is limited to pediatrics, with no indication her
20 experience or training would be sufficient to diagnose Hazari.
21 i. Hazari has never been able to explain through medical testimony or otherwise, how
22 it is that he can engage in all his various litigation activities and yet not timely and properly honor
23 his obligations to Mandy Brady in the acrimonious litigation he has pursued against her.
24 I declare under penalty of perjury under the laws of the State of California that the
25 foregoing is true and correct.
26 Executed on this 2nd day of August, 2021, in Yosemite Valley, California.
iNddehd—
27
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Aulian Pardo de Zela Case No. C-21-04262 VKD
SUPPLEMENTAL DECLARATION OF JULIAN PARDO DE ZELA IN OPPOSITION TO PLAINTIFF’S REQUEST
FOR STAY AND ADMINISTRATIVE MOTION FOR DISABILITY ACCOMODATION
{05410447
/ 1}
Case 4:21-cv-04262-JSW Document 17 Filed 08/02/21 Page 4 of 4
PROOF OF SERVICE
Hazari v. Superior Court, et al.
Case No. C-21-04262 VKD
At the time of service, I was over 18 years of age and not a party to this action. Iam
employed in the County of Santa Clara, State of California. My business address is 160 W. Santa
Clara Street, Suite 1000, San Jose, CA 95113.
On August 2, 2021, I served true copies of the following document(s) described as
SUPPLEMENTAL DECLARATION OF JULIAN PARDO DE ZELA IN SUPPORT OF
OPPOSITION TO PLAINTIFF’S REQUEST FOR STAY AND ADMINISTRATIVE
MOTION FOR DISABILITY ACCOMODATION on the interested parties in this action as
10
follows:
11
Cyrus Hazari Plaintiff In Pro Per
12 15209 Blue Gum Court
Saratoga, CA 95070
13 Telephone/Fax: (408) 766-7471
Email: cyrus@metafusion.net
14
BY FEDEX: I enclosed said document(s) in an envelope or package provided by FedEx
15 and addressed to the persons at the addresses listed in the Service List. I placed the envelope or
package for collection and overnight delivery at an office or a regularly utilized drop box of FedEx
16 or delivered such document(s) to a courier or driver authorized by FedEx to receive documents.
17 I declare under penalty of perjury under the laws of the United States of America that the
18 foregoing is true and correct and that I am employed in the office of a member of the bar of this
19 Court at whose direction the service was made.
20 Executed on August 2, 2021, at San Jose, California.
21
22
Sandie E. Olson
23
24
25
26
27
28
4 Case No. C-21-04262 VKD
SUPPLEMENTAL DECLARATION OF JULIAN PARDO DE ZELA IN OPPOSITION TO PLAINTIFF’S REQUEST
FOR STAY AND ADMINISTRATIVE MOTION FOR DISABILITY ACCOMODATION
(05410447 / 1}
Case 4:21-cv-04262-JSW Document 17-1 Filed 08/02/21 Page 1 of 2
Electronically Filed
MATTHEW J, WENDT [SBN.267830] by Superior Court of CA,
mwendt essner.com
County of Santa Clara,
MES: REEVES L!
160 W. Santa Clara Street, Suite 1000 on 12/12/2018 11:07 AM
San Jose, California 95113 Reviewed By: L Del Mundo
Telephone: (408 298-7120 Case #16CV295730
Facsimile: (408 298-0477 Envelope: 2269113
Attorneys for Defendant
MAND J. BRADY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
10 CYRUS HAZARI, Case No, 16CV295730
i Plaintiff, DECLARATION OF MANDY J. BRADY
IN SUPPORT OF MOTION TO COMPEL
12 vs. RESPONSE TO DEMAND FOR IME;
REQUEST FOR SANCTIONS AGAINST
13 MANDY J. BRADY, and ALL PERSONS PLAINTIFF IN THE AMOUNT OF $740
UNKNOWN, CLAIMING ANY
14 EQUITABLE RIGHT, TITLE, ESTATE Date: April 23, 2019
LIEN OR INTEREST IN THE PROPERTY Time: 9;00 a.m,
15 DESCRIBED IN THE COMPLAINT Dept: 19
ADVERSE TO PLAINTIFF'S TITLE, OR Judge: Honorable Peter H. Kirwan
16 ANY CLOUD ON PLAINTIFF'S TITLE
THERETO, and DOES 1-20, inclusive,
17
Defendants,
18 a
19 J, MANDY J, BRADY, declare as follows;
20 1 Tam a Defendant and Cross-Complainant in this matter and know the facts stated
21 herein based on my personal knowledge, except as to those matters stated on information and
22, belief, and as to those matters I am informed and believe that they are true and accurate. If called
23 to testify, I can competently testify to the matters stated herein.
24 2. Despite Plaintiff's claims of relapse of his alleged medical condition, my husband,
25 Joshua Rosenberg, and I saw Plaintiff and his wife clearing up the animal pen on Labor Day
26 Weekend (2018. The pen houses a dozen or so alpacas and llamas, I observed them cleaning the
27 grounds for about an hour,
{03190141 /1) 1 16CV295730
DECLARATION OF MANDY J. BRADY ISO MOTION TO COMPEL RESPONSE TO DEMAND FOR IME AND
REQUEST FOR SANCTIONS
Case 4:21-cv-04262-JSW Document 17-1 Filed 08/02/21 Page 2 of 2
1 I declare under penalty of perjury under the laws of the State of California that the
2 foregoing is true and correct. Executed this {l day ofDecember , 2018, at San Jose, California.
3
4
Woamly
MAND#/J. BRADY
FT Brae ly
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{03190141 /1) 16CV295730
DECLARATION OF MANDY J. BRADY ISO MOTION TO COMPEL RESPONSE TO D! [AND FOR IME AND
REQUEST FOR SANCTIONS
Case 4:21-cv-04262-JSW Document 17-2 Filed 08/02/21 Page 1 of 6
2014-6-FL-013527
Santa Ciara - Family
Eva Danilak
Electronically filed
10425 Glencoe Dr. by Superior Court of CA,
Cupertino, CA 95014 County of Santa Clara,
on 9/20/2018 9:58 PM
In pro per Reviewed By: P. Newton
Case #2014-6-FL-013527
(408) 717-1500 Env. #1968652
SUPERIOR COURT OF CALIFORNIA.
COUNTY OF SANTA CLARA
EVA DANILAK, Case No.: 2014-6-FL-013527
Petitioner,
10 DECLARATION OF CYRUS HAZARI
vs.
u
RADOSLAV DANILAK,
12
Respondent,
13 APJ: Scott
4 Dept:78
15
16
I, Cyrus Hazari, declare:
17
1 I conducted the investigation of the domestic violence alleged by Radoslav Danilak (who is the
18
Respondent) against Eva Danilak who is the Petitioner. 1 found the allegations to be unfounded,
19
The trial Court independently agreed.
Ihave accompanied Petitionerin her Court appearances since the conclusion of the DV trial
21
because Petitioner’s psychiatrist asked to meet with me and advised very strongly that Petitioner
23 must be accompanied at all times (in legal proceedings), otherwise increasing medical harm
would result to her from the stress of her divorce proceedings. The psychiatrist identified that
Petitioner has confidence in me. Petitioner asked me for continued help in this regard, and I have
provided
it as much as I can.
27
28
DECLARATION OF CYRUS HAZARI- 1
Case 4:21-cv-04262-JSW Document 17-2 Filed 08/02/21 Page 2 of 6
3. Iprovide all of my help free of charge, without expectation of any reward and based purely on
recognition of an oppressed and disadvantaged person in dire circumstances who is without
means to repel injustice or defend her right and interests, and I do without judgment of her foe,
but with love in my heart and regret for his misguided toil.
4 I similarly provide my help to others on the same basis because love and service to others are the
most fundamental cornerstones of being human, and the interests of justice are paramount. I do
not tum any needy, poor or oppressed and disadvantaged person away, even at the expense of my
health and welfare, becauseI believe that this is the way that we must all behave towards one
10 another.
11 Lhave witnessed, as has the Court and everyone appearing at the same times as Petitioner, that
12 Petitioner
has descended into serious ill health (over the past many months). She shakes
13 uncontrollably when addressing the Court, and her speech is accented by corresponding
14 contractions and restrictions in breathing, which sounds like a hypothermic person fished out of
15
freezing waters, trembling as she speaks. She is morbidly in fear of appearing in Court, as would
16
a traumatized person be when facing his/her instrument of torture.
WwW
Ihave been maliciously libeled by Respondent who has made unfounded and false allegations
18
against me. Jam convinced based on the evidence that Respondent is consumed by rage for
19
20 losing his DV trial due to my investigation findings that the truth completely contradicts his false
21 allegations of. domestic violence.
have avoided any retaliation or aggravation of his troubled psyche, despite provocation, even
battery. This is because any response not rooted in love and compassion is ultimately harmful.
24 This is also because the personality characteristics of this individual are a reason for elevated care|
in not providing any stimulus that would trigger uncontrolled hostile reaction and overwhelming
ego-driven conduct. I established in my investigation that the primary reason for the false
a
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DECLARATION OF CYRUS HAZARI -2
Case 4:21-cv-04262-JSW Document 17-2 Filed 08/02/21 Page 3 of 6
prosecutions against Petitioner was retaliation for injury to ego, and emotional hurt that could not
be channeled in a healthy and healing manner.
I deny each and every allegation that Respondent has made against me.
As the investigator for Petitioner, and a witness to every proceeding in this divorce since I offered
my pro bono assistance to Petitioner, I can state that Respondent does not speak the truth in any
assertion that he has made against me, and each assertion is increasingly more far-fetched and
incredible, showing progressive departure from thé limits of credibility and self-control into
delusion and paranoia, packed with malice, which is rooted in an emotional void without love.
10 10. Sadly, Respondent does not realize that he increasingly demeans and discredits himself as he lets
11 his despair (from failure to oppress into submission every person that opposes his fraud) control
12 and frustrate him, He cries about his son’s alleged suicide (which his 18 year old son has denied,
13 as well as confirming that none of the alleged domestic violence occurred), yet he is careless
14
about his son’s care in pursuing legal action in a divorce that continues to harm this young life,
15
his son will state to others in his own words, unprompted and unsolicited. Today his good son has|
16
no health insurance, not enough funds to pay for his University education, is limited in his
17
physical comforts due to severe shortage of money in his household, complains of not having a
18
family, and lacks a healthy and loving relationship with a father who proceeds on a route that is
19
the cause of anguish and embarrassment for his son, and regret later in life when reason and
21 judgment return,
22 11 Threatening the judge with political pressure from Vice President Pence, and accusing him of
23 collusion with Petitioner because he handed a sealed envelope containing a police report (that I
witnessed Petitioner request and that was delivered sealed to the Court) to Petitioner after the DV)
25 trial destroys Respondent’s credibility, but Respondent cannot see that a piece of a jigsaw that fits
26
in his own mind is outrageously mis-fitting and misplaced in the minds of reasonable observers,
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DECLARATION OF CYRUS HAZARI -3
Case 4:21-cv-04262-JSW Document 17-2 Filed 08/02/21 Page 4 of 6
and the big puzzle that he invents to allege crimes by others is seen not to exist by impartial
minds.
12, Wearing a bullet-proof vest to court to reinforce his portrayal of being in danger from a badly
injured Petitioner who does not own a gun is just one illustration of his departure into assertions
and behavior that progressively alienate reasonable minds and distance him from being seen as
offering any thread of reason or credible argument. The reaction of the two deputies in
admonishing him and asking him not to bring the vest into the courtroom again is representative
of a normal reaction to his deviant conduct.
10 13. At the conclusion of the most recent Court hearing of 20th August 2018 (where his spousal
11 support was increased), as I left the Courtroom, I yielded with courtesy to Respondent who
12 preceded me through the double doors. I was very ill at the time. Immediately, and during that
13 transit from the Courtroom into the exterior hallway, Respondent tumed his head as he walked in
14
front of me, and as I followed a few paces behind him. Respondent slowed his pace as he briskly
15
opened the outer door into the hallway, and said in a mocking tone and at a volume of sound
16
clearly audible inside that double door space and heard outside in the hallway the following
7
words to me:
18
“Fucker
.,. ( pause) ... fucker .... (pause) .... I've got the FBI coming for you ... (pause) ... they
19
will throw your Iranian ass out of this Country ...”
20
21 14. Respondent words were unprovoked by me. I had been only polite and patient and compassionate]
throughout my appearance in that Court building and that courtroom, as I habitually try to be.
Nothing in my conduct towards Respondent at any time should have resulted in such words.
24 15. Outside the double doorway in the hallway a few steps from the double doorway, Respondent’s
25
perennial companion Ken Wagner was talking with Dr Dagmar Horvath, who is the children’s
26
pediatrician and physician for Petitioner, and an expert witness in this proceeding.
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DECLARATION OF CYRUS HAZARI - 4
Case 4:21 -cv-04262-ISW Document 17-2 Filed 08/02/21 Page 5 of 6
16. T will not speak here about the refreshed and enormous emotional impact of this continued
aggression on me, only to mention that it was considerable and inescapable. However, I will say
that I believe that the intent of Respondent was very clearly to cause an extreme emotional and
psychological impact on me (which he has repeatedly done), and to dissuade me from helping
Petitioner.
17. I do not wish Respondent harm for his ill will, but only salvation from his journey of self-
destruction at the hands of his unbounded ego that consumes him.
18, Lasked Dr Horvath and Mr Wagner if they heard what Respondent said to me.
10 19. Mr Wagner shook his head in a way that indicated he was regretful of what he was witnessing
UW just before turning and following Respondent to the elevators nearby .
12 20. Thave previously spoken to Mr Wagner about how regrettably and unwisely these proceedings
13 were progressing (and he agreed) and how we both wished that the parties to the divorce would
14
find amicable and constructive solutions instead of the conflict that is their path and “get on with
15
their lives” to quote the judge in this case. However, as I see the facts and filings in this case,
16
Petitioner intends to “get on with her life” but Respondent does not.
17
21 As Mr Wagner walked away behind Respondent who continued along the hallway and then began
18
to turn left towards the elevators, Dr Horvath replied that she had heard Respondent’s words
19
addressed to me.
20
21 22. But Dr Horvath’s recollection of Respondent’s words to me was different from what I had heard,
because she heard what I have stated herein, but additionally heard the word “fucker” addressed
23 to me by Respondent three times, not twice as I recall hearing.
Today, I stand falsely accused and threatened and injured by this lost soul, alongside many others,
25
including but not limited to two judges (Scott and Berra), a very reputable and truthful doctor
Horvath, a caring and truthful psychologist Dr DeNicola, and Ms Foden a competent and truthful
27
vocational expert. Pity that Respondent does not recognize that by libeling and harming each one
28
DECLARATION OF CYRUS HAZARI - 5
Case 4:21-cv-04262-JSW Document 17-2 Filed 08/02/21 Page 6 of 6
1 of us, he harms himself and his own soul, and creates a regrettable history of shame for those he
2 loves,
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
Respectfully submitted
Dated 22 August 2018 a
10 Cyrus Hazari
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DECLARATION OF CYRUS HAZARI - 6
Case 4:21-cv-04262-JSW Document 17-3 Filed 08/02/21 Page 1 of 66
Cyrus Hazari, pro se
FILED
15209 Blue Gum Court
Saratoga, CA 95070
OCT -9 2018
Tel: (408) 766 7471 fe AF INE COURT
A CLARA
SUPERIOR COURT OF catmrornik wit ENP
COUNTY OF SANTA CLARA
UNLIMITED JURISDICTION
Cyrus Hazari, Case No. 18CV335914
Plaintiff, COMPLAINT FOR NUISANCE,
DISCRIMINATION, NEGLIGENCE,
10 v. VIOLATIONS OF DAVIS-STIRLING
ACT, DISABILITY ACCOMMODATION,
11 Wedgewood Manor Homeowners’ Association, BREACH OF THE COVENANT OF
Inc., Board of Directors of Wedgewood Manor GOOD FAITH AND FAIR DEALING,
12 Homeowners’ Association, Inc., Property Pro BREACH OF FIDUCIARY DUTY,
Ltd., Anthony Schrock, Gino Escalante, Mike BREACH OF DUTY OF ORDINARY
13 Brown, Elizabeth Jackson, John Blain, CARE, INTENTIONAL AND
Barbara Brooks, Pat King, Judy Ellingsen, NEGLIGENT INTERFERENCE WITH
14
Alex Ruiz AND DOES 1-50, INCLUSIVE, PROSPECTIVE ECONOMIC
15 ADVANTAGE, INTERFERENCE WITH
Defendants. CONTRACTUAL RELATIONS
16 DECLARATORY RELIEF
17
18
19 EX
OF CAI
20
21 sod 60 nd oth iolations — prohibition on onditioners, disabilit
22 Civ Code $4350 and $5850 et seq— - unlawful
unlawful rules and id re regulations
23 xiv La. rotected uses
24 Ciy Code $5230 — use of association records for commerce
25
Civ Code $5500 et seq reserves fund mismanagement
26
Corp Code 5231 — prohibition on washing machines and dryers
27
Breach of covenant of good faith and fair dealing
28
1
COMPLAINT FOR NUISANCE, DISCRIMINATION, NEGLIGENCE, VIOLATIONS OF DAVIS-STIRLING ACT, DISABILITY
ACCOMMODATION
Case 4:21-cv-04262-JSW Document 17-3 Filed 08/02/21 Page 2 of 66
8. Bre: h of dut of ordinary orp Cod 09 nd Corp od
9. fiduci n de § 5231
10. Discrimination
11 ntention terfer vith prospec tive economic ad
12. Interference
with contractual relations
13. Nuisance
14. Negligent interference with prospective economic advantage
15. eckaraiaaealiat
10
TERMS AND DEFINITIONS 1
11
BAD RULES: unlawful and improper bylaws and/or rules and/or regulations implemented
12 and enforced by the BOARD (and including their selective enforcement), in particular since
1999 and the enactment of the Davis-Stirling Act, after which none of the bylaws, rules and
13 regulations implemented and enforced by the BOARD met the required formalities at law.
Theh ese unlawful and improper bylaws and rules and regulations included but were not limited
14
to:
15 a. Prohibition against installation of air conditioners
b. Prohibition against installation of in-unit washing machines and dryers
16 ¢c. Prohibition against installation of Civ Code $4725 protected uses
17 BOARD: Board of Directors of HOA
18 DIRECTORS: Gino Escalante, Mike Brown, Elizabeth Jackson, John Blain, Barbara Brooks,
Pat King, Judy Ellingsen, Alex Ruiz. Each of these individuals owned a unit at WEDGEWOOD
19 at the relevant times herein
20
GOVERNING DOCS: The official documents of the HOA, comprising the CC&Rs, by-laws,
21 rules & regulations. These documents contained and still contain invalid content that has been
and is being used and enforced by the BOARD
HOA: Wedgewood Manor Homeowners: Association, Inc., a California Corporation number
23 1876250 incorporated on 8» November 1993.
24 WEDGEWOOD: a community apartment project called “Wedgewood Manor” located in Santa
Clara County, California, consisting of 108 units developed on approximately 4 acres of land
25 located at 14225 Lora Drive, Los Gatos, California, and which recorded its CC&R's in 1962. In
26 1997, Plaintiff sued BOARD and HOA and MGMT for unlawful discrimination (Civil case#
768023) and prevailed. Wedgewood Manor's GOVERNING DOCS were amended as a result of
27 Plaintiff's lawsuit, however, the HOA CC&Rs are substantially (decades) out of date, and.its
by-laws and rules and regulations were recently and substantially revoked and corrected by
28 legal action.
2
COMPLAINT FOR NUISANCE, DISCRIMINATION, GENCE, VIOLATIONS OF DAVIS-STIRLING ACT, DISABILITY
ACCOMMODATION
Case 4:21-cv-04262-JSW Document 17-3 Filed 08/02/21 Page 3 of 66
MGMT: Property Pro Ltd. Is believed to be owned and is operated by Anthony Schrock
{proprietor/founder), and is believed to be a sole proprietor business entity. Its principal place
of business is located at 14127 Capri Drive, Suite 8, Los Gatos, CA 95032.
INTRODUCTION
Tn this second lawsuit (see 1997 civil case #768028 filed in this court — attached as
Exhibit 3), Plaintiff again sues the same HOA and its BOARD for continued
discrimination, nuisance, violations of law and damages.
From 1994 until 9 October 2015, Plaintiff was the owner in fee simple of a real property
10
(“CONDO83”) situatedin Santa Clara County, California, identified as APN 409-51-083
11
located in WEDGEWOOD, and legally described in the deed by which Plaintiff acquired
12
title thereto in 1994, a copy of which is attached hereto as EXHIBIT 1.
13
Since 1994, Plaintiff is the joint tenant in fee simple of real property (‘CONDO82”)
14
15 situated in Santa Clara County, California, identified as APN 409-51-083, also known
16 as 14225 Lora Drive, Unit 83, Los Gatos, California, and legally described in the deed
17 by which Plaintiff acquired title thereto, a copy of which is attached hereto as EXHIBIT
18 2,
19 CONDO82 and CONDO83 are residential units in WEDGEWOOD. Plaintiff has
20
primarily maintained these as rental units, but during certain past times, he has
21
resided in them.
After his first lawsuit (civil case #768023), and as owner of these two real properties,
23
Plaintiff continued to be the subject of discrimination and violation of his rights by
24
Defendants HOA and BOARD and their agents. Plaintiff was unlawfully and
25
26 improperly harassed and fined multiple times over a period of years based on invalid
27 rules and without notice or due process, and suffered acts intended to make him sell
3
COMPLAINT FOR NUISANCE, DISCRIMINATION, NEGLIGENCE, VIOLATIONS OF DAVIS-STIRLING ACT, DISABILITY
ACCOMMODATION
Case 4:21-cv-04262-JSW Document17-3 Filed 08/02/21 Page 4 of 66
and give up his properties. Numerous violations of the Davis-Stirling Act and Corp
Code and other laws were attendant.
On multiple occasions when Plaintiff sought to lawfully improve his properties and
avail himself of benefits and protected uses afforded to him by law, he was prevented
from so doing by Defendants, and his rental income was harmed, and his quiet
enjoyment of his property continually undermined.
On multiple occasions, Plaintiff (in conjunction with many other members) was
injured by the acts and omissions of a negligent BOARD and MGMT, and improper
10 conduct of DIRECTORS.
11 Due to Plaintiffs terminal illness, and the perennial discrimination and violation of
12 Plaintiff's rights, Plaintiff was manipulated into selling his CONDO83 at a price
13 significantly lower than he could have achieved on the open market had he been
14 permitted to make lawful improvements prohibited by the BOARD and the HOA,
15
resulting in his actual damages.
16
After the sale of CONDO83, Defendants’ prejudice and unlawful conduct was exposed
17
and undermined by legal action from another member of the HOA, but too late to
18
prevent or repair the significant harm and damages caused to Plaintiff.
19
10. Because much time has elapsed since accrual of some of the causes of action herein,
20
21 and delays have occurred by virtue of Plaintiff's illness and his demanding personal
life, Plaintiff now files suit under the press of time in order to stop the statute of
limitations, but intends to follow the mediation requirements of the CC&Rs of the
24 homeowners’ association and Davis-Stirling Act (Civ Code 4000 et seq) Chapter 10
before (if necessary re-filing), amending and serving this complaint upon Defendants
26
the HOA and the BOARD and MGMT. Filing this complaint at this time is necessary
27
to enforce Plaintiffs rights against those Defendants who are improperly elected
28
4
COMPLAINT FOR NUISANCE, DISCRIMINATION, NEGLIGENCE, VIOLATIONS OF DAVIS-STIRLING ACT, DISABILITY
ACCOMMODATION
Case 4:21-cv-04262-JSW Document 17-3 Filed 08/02/21 Page 5 of 66
members of the BOARD, those who are not protected by Davis-Sterling $5800 et seq,,
and whose personal actions have resulted in harm to Plaintiff.
11. Where servitudes are requested to be enforced by this complaint, Plaintiff cites Civ
Code $5975(a) as a basis for authority to make those requests.
THE PARTIES
12. Plaintiff sold CONDO83 to Marcelo and Janine Penha on 9 October 2015, by
agreement, a copy of which is attached hereto as “Exhibit 4”. Marcelo Penha (‘PENHA”)
10
subsequently joined the BOARD.
il
Preview
D.D. Hughmanick (Bar No. dhughmanick@terralaw.com Breck E. Milde (Bar No. bmilde@terralaw.com TERRA LAW LLP W. Santa Clara St., Suite San Jose, California 95113 (408) Attorneys for Judgment Creditor Mandy J. Brady SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA CYRUS HAZARI, Case No. CV295730 Plaintiff SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JUDGMENT CREDITOR MANDY J. BRADY’S OPPOSITION TO PETITION MANDY J. BRADY, AND ALL PERSONS TO DETERMINE VALIDITY OF THIRD UNKNOWN CLAIMING ANY PARTY CLAIM EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY Date: January 18, 2024 DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF'S TITLE, OR Dept: ANY CLOUD ON PLAINTIFF'S TITLE Judge: Hon. Socrates P. Manoukian THERETO, AND DOES | 20, INCLUSIVE, Complaint Filed: May 27, 2016 Defendants. Judgment Entered: February 4, 2021 MANDY J. BRADY, as Trustee for the Mandy J. Brady Living Trust, Cross Complainant, CYRUS HAZARI, and DOES 1 50, inclusive, Cross Defendants. Judgment creditor Mandy J. Brady hereby requests that the Court take judicial notice pursuant to Evidence Code sections 452 and 453 of the following documents, true and correct copies of which are attached hereto and made a part hereof, in support of her Opposition to v.2 SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JUDGMENT CREDITOR MANDY J. BRADY’S OPPOSITION TO PETITION TO DETERMINE VALIDITY OF THIRD PARTY CLAIM Petition to Determine Validity of Third Party Claim. Supplemental Declaration of Julian Pardo de Zela in Support of Opposition to Plaintiff's Request for Stay and Administrative Motion for Disability Accommodation, filed in United States District Court, Northern District of California, case no Order Granting Motion to Dismiss filed in United States District Court, Northern District of California case no. on October 18, 2022. Order filed in the United States Court of Appeals for the Ninth Circuit, case no. 15221 on August 18, 2023. Dated: January TERRA LAW B ” Breck E, Milde Attorneys for Defendant, and Cross Complainant Mandy J. Brady v.2 SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JUDGMENT CREDITOR MANDY J. BRADY’S OPPOSITION TO PETITION TO DETERMINE VALIDITY OF THIRD PARTY CLAIM PROOF OF SERVICE lam a citizen of the United States and employed in the county aforesaid; I am over the age of eighteen years, and not a party to the within action; my business address 333 W. Santa Clara St., Ste. 910, San Jose, California 95113. On the date below I served the documents described < SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JUDGMENT CREDITOR MANDY J. BRADY’S OPPOSITION TO PETITION TO DETERMINE VALIDITY OF THIRD PARTY CLAIM on the following person(s) in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Cyrus Hazari John F. Domingue 15209 Blue Gum Court Jenelle Welling Saratoga, CA 95070 Rossi Domingue LLP Tel: (408) 766 3201 Danville Blvd., Suite 172 yrus@metafusion.net Alamo, CA 945 (408) 495 john@rdlaw.net jenelle@rdlaw.net maria@rdlaw.net (BY U.S. MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at San Jose, California. (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date to the offices of the addressee(s). (BY FACSIMILE) I caused such document(s) to be transmitted by facsimile on this date to each facsimile machine number listed above. [xX] (BY ELECTRONIC MAIL) I transmitted such documents via e mail to the parties listed above. (BY FEDERAL EXPRESS) I caused such envelope(s) with postage thereon fully prepaid to be placed in a Federal Express drop box at San Jose, California. [xX] (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on January , 202 , at San Jose, California. DQ Onwiplice Nawee Douglas Hawes v.2 SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF JUDGMENT CREDITOR MANDY J. BRADY’S OPPOSITION TO PETITION TO DETERMINE VALIDITY OF THIRD PARTY CLAIM EXHIBIT 1 Case 4:21-cv-04262-JSW Document17 Filed 08/02/21 Page 1 of 4 JULIAN PARDO DE ZELA [SBN 246496] JPardodeZela@messner.com MESSNER REEVES LLP 160 W. Santa Clara Street, Suite 1000 San Jose, California 95113 Telephone: (408) 298-7120 Facsimile: (408) 298-0477 Attorneys for Defendant MANDY BRADY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 10 Cyrus Hazari, Case No. C-21-04262 VKD 11 Plaintiff, SUPPLEMENTAL DECLARATION OF JULIAN PARDO DE ZELA IN SUPPORT 12 Vv. OF OPPOSITION TO PLAINTIFF’S REQUEST FOR STAY AND 13 Superior Court of Santa Clara County State of ADMINISTRATIVE MOTION FOR California, et al. and DOES 1-100, DISABILITY ACCOMODATION 14 Defendants. 15 Judge: Hon. Virginia K. DeMarchi 16 17 I, Julian Pardo de Zela, declare as follows: 18 1 Iam an attorney at Messner Reeves LLP, attorneys of record for Mandy Brady. I 19 make this supplemental declaration in support of her Opposition to Plaintiff Cyrus Hazari’s 20 Request for Stay and Administrative Motion for Disability Accommodation. See Dkt 1, 3. The 21 foregoing is based upon matters within my own personal knowledge, except as to those matters 22 stated upon information and belief, and as to those matters I believe them to be true. If called 23 upon to testify, I could and would do so competently and truthfully as to the matters below. 24 2. The purpose of this Declaration is twofold. First, the attached exhibits demonstrate 25 that during the time period when Plaintiff Cyrus Hazari (“Hazari”) previously informed the United 26 States District Court for the Northern District of California that he was “substantially impaired” 27 and in need of accommodation, he was in fact performing physical labor, attending court hearings, 28 drafting and filing Complaints, and organizing and preparing for trial. Second, an} Case N opinions lo. C-21-04262 VKD SUPPLEMENTAL DECLARATION OF JULIAN PARDO DE ZELA IN OPPOSITION TO PLAINTIFF’S REQUEST FOR STAY AND ADMINISTRATIVE MOTION FOR DISABILITY ACCOMODATION (05410447 /1} Case 4:21-cv-04262-JSW Document 17 Filed 08/02/21 Page 2 of 4 offered by Dr. Dagmar Horvath as to Hazari’s medical condition should be discounted in their entirety, because she is a pediatrician who has acknowledged she does not have the expertise to opine on issues related to multiple sclerosis, and furthermore she has jointly owned a condominium with Hazari, which calls her impartiality into question. 3 Enclosed as Exhibit “A” is a true and correct copy of Mandy Brady’s declaration filed on December 12, 2018 in Hazari v. Brady, Santa Clara County Superior Court No. 16CV295730. Ms. Brady declared under penalty of perjury that she and her husband observed Hazari performing more than an hour of physical labor during Labor Day Weekend 2018. This Court is requested to take judicial notice of this Declaration pursuant to Fed. R. Evid. 201. 10 4 On September 20, 2018, Cyrus Hazari filed a Declaration with the Santa Clara 1 County Superior Court in Case No. 2014-FL-013527, Eva Danilak v. Radoslav Danilak (“Danilak 12 Action”). A true and correct copy of this Declaration is attached hereto as Exhibit “B”, for which 13 this Court is requested to take judicial notice pursuant to Federal Rule of Evidence 201. Hazari 14 states under penalty of perjury in paragraph 2 that he had accompanied Petitioner Eva Danilak 15 (“Petitioner”) to her court appearances in the Danilak Action since the conclusion of a domestic 16 violence trial and, in paragraph 9, that he had been a witness to every proceeding in that case since 17 he first offered his pro per assistance. He also references his appearance at an August 20, 2018 18 court hearing. (Exhibit B, § 13) 19 5 On October 9, 2018, Hazari filed a Complaint in Santa Clara County Superior 20 Court against the Wedgewood Manor Homeowners’ Association and various other defendants. A 21 true and correct copy of this Complaint is attached hereto as Exhibit “C”, for which this Court is 22 requested to take judicial notice pursuant to Federal Rule of Evidence 201. Hazari drafted the 23 Complaint himself, filing it in pro per. (Id.) The Complaint is 45 pages long and sets forth fifteen 24 causes of action. (/d.) 25 6 On or about March 11, 2019, Hazari filed, as a pro per litigant, a first amended 26 Complaint in the Danilak Action. The first amended Complaint, which Hazari drafted on behalf of 27 plaintiff Eva Danilak, consists of 80 paragraphs. A true and correct copy of this Complaint is 28 attached hereto as Exhibit “D”, for which this Court is requested to take judicial notice pursuant ise No. C-! -04262 VKD SUPPLEMENTAL DECLARATION OF JULIAN PARDO DE ZELA IN OPPOSITION TO PLAINTIFF’S REQUEST FOR STAY AND ADMINISTRATIVE MOTION FOR DISABILITY ACCOMODATION {05410447 /1} Case 4:21-cv-04262-JSW Document 17 Filed 08/02/21 Page 3 of 4 to Federal Rule of Evidence 201. Hazari alleged that he “investigated the facts alleged by [Petitioner]’s accuser to help [Petitioner] organize and prepare for trial...” (Exhibit D, ¥ 40) Hazari also again admitted that he had been accompanying Petitioner to court hearings. (/d., J 45) 7 In a complaint filed against the “Superior Court of Santa Clara County” on April 12, 2019 in the United States District Court for the Northern District of California, Hazari writes in paragraph 33 on page 8 that “My capacity has been substantially impaired since July of 2018 and I cannot appear or participate in any lawsuit...” (emphasis added) Attached hereto as Exhibit “E” is a true and correct copy of the excerpt regarding this allegation in the Complaint, for which this Court is requested to take judicial notice pursuant to Federal Rule of Evidence 201. 10 8 Enclosed as Exhibit “F” is a true and correct copy of a timeline that prior counsel 11 for Ms. Brady prepared which, on information and belief, demonstrates in relevant part Hazari’s 12 activities in various lawsuits. These activities included drafting pleadings and attending hearings, 13 during the time he claimed he was incapacitated and substantially impaired. 14 9 Based on information and belief, enclosed hereto as Exhibit “G” are true and 15 correct copies of a deposition transcript, deeds and a website which detail Hazari’s relationship 16 with Dr. Dagmar Horvath, the pediatrician who he has previously relied on to establish his 17 claimed medical conditions throughout prior litigation in Santa Clara County Superior Court. 18 10. Enclosed hereto as Exhibit “H” is a true and correct copy of Dr. Horvath’s website 19 as of March 2020, wherein she states her practice is limited to pediatrics, with no indication her 20 experience or training would be sufficient to diagnose Hazari. 21 i. Hazari has never been able to explain through medical testimony or otherwise, how 22 it is that he can engage in all his various litigation activities and yet not timely and properly honor 23 his obligations to Mandy Brady in the acrimonious litigation he has pursued against her. 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct. 26 Executed on this 2nd day of August, 2021, in Yosemite Valley, California. iNddehd— 27 28 Aulian Pardo de Zela Case No. C-21-04262 VKD SUPPLEMENTAL DECLARATION OF JULIAN PARDO DE ZELA IN OPPOSITION TO PLAINTIFF’S REQUEST FOR STAY AND ADMINISTRATIVE MOTION FOR DISABILITY ACCOMODATION {05410447 / 1} Case 4:21-cv-04262-JSW Document 17 Filed 08/02/21 Page 4 of 4 PROOF OF SERVICE Hazari v. Superior Court, et al. Case No. C-21-04262 VKD At the time of service, I was over 18 years of age and not a party to this action. Iam employed in the County of Santa Clara, State of California. My business address is 160 W. Santa Clara Street, Suite 1000, San Jose, CA 95113. On August 2, 2021, I served true copies of the following document(s) described as SUPPLEMENTAL DECLARATION OF JULIAN PARDO DE ZELA IN SUPPORT OF OPPOSITION TO PLAINTIFF’S REQUEST FOR STAY AND ADMINISTRATIVE MOTION FOR DISABILITY ACCOMODATION on the interested parties in this action as 10 follows: 11 Cyrus Hazari Plaintiff In Pro Per 12 15209 Blue Gum Court Saratoga, CA 95070 13 Telephone/Fax: (408) 766-7471 Email: cyrus@metafusion.net 14 BY FEDEX: I enclosed said document(s) in an envelope or package provided by FedEx 15 and addressed to the persons at the addresses listed in the Service List. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of FedEx 16 or delivered such document(s) to a courier or driver authorized by FedEx to receive documents. 17 I declare under penalty of perjury under the laws of the United States of America that the 18 foregoing is true and correct and that I am employed in the office of a member of the bar of this 19 Court at whose direction the service was made. 20 Executed on August 2, 2021, at San Jose, California. 21 22 Sandie E. Olson 23 24 25 26 27 28 4 Case No. C-21-04262 VKD SUPPLEMENTAL DECLARATION OF JULIAN PARDO DE ZELA IN OPPOSITION TO PLAINTIFF’S REQUEST FOR STAY AND ADMINISTRATIVE MOTION FOR DISABILITY ACCOMODATION (05410447 / 1} Case 4:21-cv-04262-JSW Document 17-1 Filed 08/02/21 Page 1 of 2 Electronically Filed MATTHEW J, WENDT [SBN.267830] by Superior Court of CA, mwendt essner.com County of Santa Clara, MES: REEVES L! 160 W. Santa Clara Street, Suite 1000 on 12/12/2018 11:07 AM San Jose, California 95113 Reviewed By: L Del Mundo Telephone: (408 298-7120 Case #16CV295730 Facsimile: (408 298-0477 Envelope: 2269113 Attorneys for Defendant MAND J. BRADY SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 10 CYRUS HAZARI, Case No, 16CV295730 i Plaintiff, DECLARATION OF MANDY J. BRADY IN SUPPORT OF MOTION TO COMPEL 12 vs. RESPONSE TO DEMAND FOR IME; REQUEST FOR SANCTIONS AGAINST 13 MANDY J. BRADY, and ALL PERSONS PLAINTIFF IN THE AMOUNT OF $740 UNKNOWN, CLAIMING ANY 14 EQUITABLE RIGHT, TITLE, ESTATE Date: April 23, 2019 LIEN OR INTEREST IN THE PROPERTY Time: 9;00 a.m, 15 DESCRIBED IN THE COMPLAINT Dept: 19 ADVERSE TO PLAINTIFF'S TITLE, OR Judge: Honorable Peter H. Kirwan 16 ANY CLOUD ON PLAINTIFF'S TITLE THERETO, and DOES 1-20, inclusive, 17 Defendants, 18 a 19 J, MANDY J, BRADY, declare as follows; 20 1 Tam a Defendant and Cross-Complainant in this matter and know the facts stated 21 herein based on my personal knowledge, except as to those matters stated on information and 22, belief, and as to those matters I am informed and believe that they are true and accurate. If called 23 to testify, I can competently testify to the matters stated herein. 24 2. Despite Plaintiff's claims of relapse of his alleged medical condition, my husband, 25 Joshua Rosenberg, and I saw Plaintiff and his wife clearing up the animal pen on Labor Day 26 Weekend (2018. The pen houses a dozen or so alpacas and llamas, I observed them cleaning the 27 grounds for about an hour, {03190141 /1) 1 16CV295730 DECLARATION OF MANDY J. BRADY ISO MOTION TO COMPEL RESPONSE TO DEMAND FOR IME AND REQUEST FOR SANCTIONS Case 4:21-cv-04262-JSW Document 17-1 Filed 08/02/21 Page 2 of 2 1 I declare under penalty of perjury under the laws of the State of California that the 2 foregoing is true and correct. Executed this {l day ofDecember , 2018, at San Jose, California. 3 4 Woamly MAND#/J. BRADY FT Brae ly 5 6 7 8 9 10 u 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {03190141 /1) 16CV295730 DECLARATION OF MANDY J. BRADY ISO MOTION TO COMPEL RESPONSE TO D! [AND FOR IME AND REQUEST FOR SANCTIONS Case 4:21-cv-04262-JSW Document 17-2 Filed 08/02/21 Page 1 of 6 2014-6-FL-013527 Santa Ciara - Family Eva Danilak Electronically filed 10425 Glencoe Dr. by Superior Court of CA, Cupertino, CA 95014 County of Santa Clara, on 9/20/2018 9:58 PM In pro per Reviewed By: P. Newton Case #2014-6-FL-013527 (408) 717-1500 Env. #1968652 SUPERIOR COURT OF CALIFORNIA. COUNTY OF SANTA CLARA EVA DANILAK, Case No.: 2014-6-FL-013527 Petitioner, 10 DECLARATION OF CYRUS HAZARI vs. u RADOSLAV DANILAK, 12 Respondent, 13 APJ: Scott 4 Dept:78 15 16 I, Cyrus Hazari, declare: 17 1 I conducted the investigation of the domestic violence alleged by Radoslav Danilak (who is the 18 Respondent) against Eva Danilak who is the Petitioner. 1 found the allegations to be unfounded, 19 The trial Court independently agreed. Ihave accompanied Petitionerin her Court appearances since the conclusion of the DV trial 21 because Petitioner’s psychiatrist asked to meet with me and advised very strongly that Petitioner 23 must be accompanied at all times (in legal proceedings), otherwise increasing medical harm would result to her from the stress of her divorce proceedings. The psychiatrist identified that Petitioner has confidence in me. Petitioner asked me for continued help in this regard, and I have provided it as much as I can. 27 28 DECLARATION OF CYRUS HAZARI- 1 Case 4:21-cv-04262-JSW Document 17-2 Filed 08/02/21 Page 2 of 6 3. Iprovide all of my help free of charge, without expectation of any reward and based purely on recognition of an oppressed and disadvantaged person in dire circumstances who is without means to repel injustice or defend her right and interests, and I do without judgment of her foe, but with love in my heart and regret for his misguided toil. 4 I similarly provide my help to others on the same basis because love and service to others are the most fundamental cornerstones of being human, and the interests of justice are paramount. I do not tum any needy, poor or oppressed and disadvantaged person away, even at the expense of my health and welfare, becauseI believe that this is the way that we must all behave towards one 10 another. 11 Lhave witnessed, as has the Court and everyone appearing at the same times as Petitioner, that 12 Petitioner has descended into serious ill health (over the past many months). She shakes 13 uncontrollably when addressing the Court, and her speech is accented by corresponding 14 contractions and restrictions in breathing, which sounds like a hypothermic person fished out of 15 freezing waters, trembling as she speaks. She is morbidly in fear of appearing in Court, as would 16 a traumatized person be when facing his/her instrument of torture. WwW Ihave been maliciously libeled by Respondent who has made unfounded and false allegations 18 against me. Jam convinced based on the evidence that Respondent is consumed by rage for 19 20 losing his DV trial due to my investigation findings that the truth completely contradicts his false 21 allegations of. domestic violence. have avoided any retaliation or aggravation of his troubled psyche, despite provocation, even battery. This is because any response not rooted in love and compassion is ultimately harmful. 24 This is also because the personality characteristics of this individual are a reason for elevated care| in not providing any stimulus that would trigger uncontrolled hostile reaction and overwhelming ego-driven conduct. I established in my investigation that the primary reason for the false a 28 DECLARATION OF CYRUS HAZARI -2 Case 4:21-cv-04262-JSW Document 17-2 Filed 08/02/21 Page 3 of 6 prosecutions against Petitioner was retaliation for injury to ego, and emotional hurt that could not be channeled in a healthy and healing manner. I deny each and every allegation that Respondent has made against me. As the investigator for Petitioner, and a witness to every proceeding in this divorce since I offered my pro bono assistance to Petitioner, I can state that Respondent does not speak the truth in any assertion that he has made against me, and each assertion is increasingly more far-fetched and incredible, showing progressive departure from thé limits of credibility and self-control into delusion and paranoia, packed with malice, which is rooted in an emotional void without love. 10 10. Sadly, Respondent does not realize that he increasingly demeans and discredits himself as he lets 11 his despair (from failure to oppress into submission every person that opposes his fraud) control 12 and frustrate him, He cries about his son’s alleged suicide (which his 18 year old son has denied, 13 as well as confirming that none of the alleged domestic violence occurred), yet he is careless 14 about his son’s care in pursuing legal action in a divorce that continues to harm this young life, 15 his son will state to others in his own words, unprompted and unsolicited. Today his good son has| 16 no health insurance, not enough funds to pay for his University education, is limited in his 17 physical comforts due to severe shortage of money in his household, complains of not having a 18 family, and lacks a healthy and loving relationship with a father who proceeds on a route that is 19 the cause of anguish and embarrassment for his son, and regret later in life when reason and 21 judgment return, 22 11 Threatening the judge with political pressure from Vice President Pence, and accusing him of 23 collusion with Petitioner because he handed a sealed envelope containing a police report (that I witnessed Petitioner request and that was delivered sealed to the Court) to Petitioner after the DV) 25 trial destroys Respondent’s credibility, but Respondent cannot see that a piece of a jigsaw that fits 26 in his own mind is outrageously mis-fitting and misplaced in the minds of reasonable observers, 27 28 DECLARATION OF CYRUS HAZARI -3 Case 4:21-cv-04262-JSW Document 17-2 Filed 08/02/21 Page 4 of 6 and the big puzzle that he invents to allege crimes by others is seen not to exist by impartial minds. 12, Wearing a bullet-proof vest to court to reinforce his portrayal of being in danger from a badly injured Petitioner who does not own a gun is just one illustration of his departure into assertions and behavior that progressively alienate reasonable minds and distance him from being seen as offering any thread of reason or credible argument. The reaction of the two deputies in admonishing him and asking him not to bring the vest into the courtroom again is representative of a normal reaction to his deviant conduct. 10 13. At the conclusion of the most recent Court hearing of 20th August 2018 (where his spousal 11 support was increased), as I left the Courtroom, I yielded with courtesy to Respondent who 12 preceded me through the double doors. I was very ill at the time. Immediately, and during that 13 transit from the Courtroom into the exterior hallway, Respondent tumed his head as he walked in 14 front of me, and as I followed a few paces behind him. Respondent slowed his pace as he briskly 15 opened the outer door into the hallway, and said in a mocking tone and at a volume of sound 16 clearly audible inside that double door space and heard outside in the hallway the following 7 words to me: 18 “Fucker .,. ( pause) ... fucker .... (pause) .... I've got the FBI coming for you ... (pause) ... they 19 will throw your Iranian ass out of this Country ...” 20 21 14. Respondent words were unprovoked by me. I had been only polite and patient and compassionate] throughout my appearance in that Court building and that courtroom, as I habitually try to be. Nothing in my conduct towards Respondent at any time should have resulted in such words. 24 15. Outside the double doorway in the hallway a few steps from the double doorway, Respondent’s 25 perennial companion Ken Wagner was talking with Dr Dagmar Horvath, who is the children’s 26 pediatrician and physician for Petitioner, and an expert witness in this proceeding. 27 28 DECLARATION OF CYRUS HAZARI - 4 Case 4:21 -cv-04262-ISW Document 17-2 Filed 08/02/21 Page 5 of 6 16. T will not speak here about the refreshed and enormous emotional impact of this continued aggression on me, only to mention that it was considerable and inescapable. However, I will say that I believe that the intent of Respondent was very clearly to cause an extreme emotional and psychological impact on me (which he has repeatedly done), and to dissuade me from helping Petitioner. 17. I do not wish Respondent harm for his ill will, but only salvation from his journey of self- destruction at the hands of his unbounded ego that consumes him. 18, Lasked Dr Horvath and Mr Wagner if they heard what Respondent said to me. 10 19. Mr Wagner shook his head in a way that indicated he was regretful of what he was witnessing UW just before turning and following Respondent to the elevators nearby . 12 20. Thave previously spoken to Mr Wagner about how regrettably and unwisely these proceedings 13 were progressing (and he agreed) and how we both wished that the parties to the divorce would 14 find amicable and constructive solutions instead of the conflict that is their path and “get on with 15 their lives” to quote the judge in this case. However, as I see the facts and filings in this case, 16 Petitioner intends to “get on with her life” but Respondent does not. 17 21 As Mr Wagner walked away behind Respondent who continued along the hallway and then began 18 to turn left towards the elevators, Dr Horvath replied that she had heard Respondent’s words 19 addressed to me. 20 21 22. But Dr Horvath’s recollection of Respondent’s words to me was different from what I had heard, because she heard what I have stated herein, but additionally heard the word “fucker” addressed 23 to me by Respondent three times, not twice as I recall hearing. Today, I stand falsely accused and threatened and injured by this lost soul, alongside many others, 25 including but not limited to two judges (Scott and Berra), a very reputable and truthful doctor Horvath, a caring and truthful psychologist Dr DeNicola, and Ms Foden a competent and truthful 27 vocational expert. Pity that Respondent does not recognize that by libeling and harming each one 28 DECLARATION OF CYRUS HAZARI - 5 Case 4:21-cv-04262-JSW Document 17-2 Filed 08/02/21 Page 6 of 6 1 of us, he harms himself and his own soul, and creates a regrettable history of shame for those he 2 loves, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Respectfully submitted Dated 22 August 2018 a 10 Cyrus Hazari i 12 13 14 15 16 17 18 19 21 22 24 25 26 27 28 DECLARATION OF CYRUS HAZARI - 6 Case 4:21-cv-04262-JSW Document 17-3 Filed 08/02/21 Page 1 of 66 Cyrus Hazari, pro se FILED 15209 Blue Gum Court Saratoga, CA 95070 OCT -9 2018 Tel: (408) 766 7471 fe AF INE COURT A CLARA SUPERIOR COURT OF catmrornik wit ENP COUNTY OF SANTA CLARA UNLIMITED JURISDICTION Cyrus Hazari, Case No. 18CV335914 Plaintiff, COMPLAINT FOR NUISANCE, DISCRIMINATION, NEGLIGENCE, 10 v. VIOLATIONS OF DAVIS-STIRLING ACT, DISABILITY ACCOMMODATION, 11 Wedgewood Manor Homeowners’ Association, BREACH OF THE COVENANT OF Inc., Board of Directors of Wedgewood Manor GOOD FAITH AND FAIR DEALING, 12 Homeowners’ Association, Inc., Property Pro BREACH OF FIDUCIARY DUTY, Ltd., Anthony Schrock, Gino Escalante, Mike BREACH OF DUTY OF ORDINARY 13 Brown, Elizabeth Jackson, John Blain, CARE, INTENTIONAL AND Barbara Brooks, Pat King, Judy Ellingsen, NEGLIGENT INTERFERENCE WITH 14 Alex Ruiz AND DOES 1-50, INCLUSIVE, PROSPECTIVE ECONOMIC 15 ADVANTAGE, INTERFERENCE WITH Defendants. CONTRACTUAL RELATIONS 16 DECLARATORY RELIEF 17 18 19 EX OF CAI 20 21 sod 60 nd oth iolations — prohibition on onditioners, disabilit 22 Civ Code $4350 and $5850 et seq— - unlawful unlawful rules and id re regulations 23 xiv La. rotected uses 24 Ciy Code $5230 — use of association records for commerce 25 Civ Code $5500 et seq reserves fund mismanagement 26 Corp Code 5231 — prohibition on washing machines and dryers 27 Breach of covenant of good faith and fair dealing 28 1 COMPLAINT FOR NUISANCE, DISCRIMINATION, NEGLIGENCE, VIOLATIONS OF DAVIS-STIRLING ACT, DISABILITY ACCOMMODATION Case 4:21-cv-04262-JSW Document 17-3 Filed 08/02/21 Page 2 of 66 8. Bre: h of dut of ordinary orp Cod 09 nd Corp od 9. fiduci n de § 5231 10. Discrimination 11 ntention terfer vith prospec tive economic ad 12. Interference with contractual relations 13. Nuisance 14. Negligent interference with prospective economic advantage 15. eckaraiaaealiat 10 TERMS AND DEFINITIONS 1 11 BAD RULES: unlawful and improper bylaws and/or rules and/or regulations implemented 12 and enforced by the BOARD (and including their selective enforcement), in particular since 1999 and the enactment of the Davis-Stirling Act, after which none of the bylaws, rules and 13 regulations implemented and enforced by the BOARD met the required formalities at law. Theh ese unlawful and improper bylaws and rules and regulations included but were not limited 14 to: 15 a. Prohibition against installation of air conditioners b. Prohibition against installation of in-unit washing machines and dryers 16 ¢c. Prohibition against installation of Civ Code $4725 protected uses 17 BOARD: Board of Directors of HOA 18 DIRECTORS: Gino Escalante, Mike Brown, Elizabeth Jackson, John Blain, Barbara Brooks, Pat King, Judy Ellingsen, Alex Ruiz. Each of these individuals owned a unit at WEDGEWOOD 19 at the relevant times herein 20 GOVERNING DOCS: The official documents of the HOA, comprising the CC&Rs, by-laws, 21 rules & regulations. These documents contained and still contain invalid content that has been and is being used and enforced by the BOARD HOA: Wedgewood Manor Homeowners: Association, Inc., a California Corporation number 23 1876250 incorporated on 8» November 1993. 24 WEDGEWOOD: a community apartment project called “Wedgewood Manor” located in Santa Clara County, California, consisting of 108 units developed on approximately 4 acres of land 25 located at 14225 Lora Drive, Los Gatos, California, and which recorded its CC&R's in 1962. In 26 1997, Plaintiff sued BOARD and HOA and MGMT for unlawful discrimination (Civil case# 768023) and prevailed. Wedgewood Manor's GOVERNING DOCS were amended as a result of 27 Plaintiff's lawsuit, however, the HOA CC&Rs are substantially (decades) out of date, and.its by-laws and rules and regulations were recently and substantially revoked and corrected by 28 legal action. 2 COMPLAINT FOR NUISANCE, DISCRIMINATION, GENCE, VIOLATIONS OF DAVIS-STIRLING ACT, DISABILITY ACCOMMODATION Case 4:21-cv-04262-JSW Document 17-3 Filed 08/02/21 Page 3 of 66 MGMT: Property Pro Ltd. Is believed to be owned and is operated by Anthony Schrock {proprietor/founder), and is believed to be a sole proprietor business entity. Its principal place of business is located at 14127 Capri Drive, Suite 8, Los Gatos, CA 95032. INTRODUCTION Tn this second lawsuit (see 1997 civil case #768028 filed in this court — attached as Exhibit 3), Plaintiff again sues the same HOA and its BOARD for continued discrimination, nuisance, violations of law and damages. From 1994 until 9 October 2015, Plaintiff was the owner in fee simple of a real property 10 (“CONDO83”) situatedin Santa Clara County, California, identified as APN 409-51-083 11 located in WEDGEWOOD, and legally described in the deed by which Plaintiff acquired 12 title thereto in 1994, a copy of which is attached hereto as EXHIBIT 1. 13 Since 1994, Plaintiff is the joint tenant in fee simple of real property (‘CONDO82”) 14 15 situated in Santa Clara County, California, identified as APN 409-51-083, also known 16 as 14225 Lora Drive, Unit 83, Los Gatos, California, and legally described in the deed 17 by which Plaintiff acquired title thereto, a copy of which is attached hereto as EXHIBIT 18 2, 19 CONDO82 and CONDO83 are residential units in WEDGEWOOD. Plaintiff has 20 primarily maintained these as rental units, but during certain past times, he has 21 resided in them. After his first lawsuit (civil case #768023), and as owner of these two real properties, 23 Plaintiff continued to be the subject of discrimination and violation of his rights by 24 Defendants HOA and BOARD and their agents. Plaintiff was unlawfully and 25 26 improperly harassed and fined multiple times over a period of years based on invalid 27 rules and without notice or due process, and suffered acts intended to make him sell 3 COMPLAINT FOR NUISANCE, DISCRIMINATION, NEGLIGENCE, VIOLATIONS OF DAVIS-STIRLING ACT, DISABILITY ACCOMMODATION Case 4:21-cv-04262-JSW Document17-3 Filed 08/02/21 Page 4 of 66 and give up his properties. Numerous violations of the Davis-Stirling Act and Corp Code and other laws were attendant. On multiple occasions when Plaintiff sought to lawfully improve his properties and avail himself of benefits and protected uses afforded to him by law, he was prevented from so doing by Defendants, and his rental income was harmed, and his quiet enjoyment of his property continually undermined. On multiple occasions, Plaintiff (in conjunction with many other members) was injured by the acts and omissions of a negligent BOARD and MGMT, and improper 10 conduct of DIRECTORS. 11 Due to Plaintiffs terminal illness, and the perennial discrimination and violation of 12 Plaintiff's rights, Plaintiff was manipulated into selling his CONDO83 at a price 13 significantly lower than he could have achieved on the open market had he been 14 permitted to make lawful improvements prohibited by the BOARD and the HOA, 15 resulting in his actual damages. 16 After the sale of CONDO83, Defendants’ prejudice and unlawful conduct was exposed 17 and undermined by legal action from another member of the HOA, but too late to 18 prevent or repair the significant harm and damages caused to Plaintiff. 19 10. Because much time has elapsed since accrual of some of the causes of action herein, 20 21 and delays have occurred by virtue of Plaintiff's illness and his demanding personal life, Plaintiff now files suit under the press of time in order to stop the statute of limitations, but intends to follow the mediation requirements of the CC&Rs of the 24 homeowners’ association and Davis-Stirling Act (Civ Code 4000 et seq) Chapter 10 before (if necessary re-filing), amending and serving this complaint upon Defendants 26 the HOA and the BOARD and MGMT. Filing this complaint at this time is necessary 27 to enforce Plaintiffs rights against those Defendants who are improperly elected 28 4 COMPLAINT FOR NUISANCE, DISCRIMINATION, NEGLIGENCE, VIOLATIONS OF DAVIS-STIRLING ACT, DISABILITY ACCOMMODATION Case 4:21-cv-04262-JSW Document 17-3 Filed 08/02/21 Page 5 of 66 members of the BOARD, those who are not protected by Davis-Sterling $5800 et seq,, and whose personal actions have resulted in harm to Plaintiff. 11. Where servitudes are requested to be enforced by this complaint, Plaintiff cites Civ Code $5975(a) as a basis for authority to make those requests. THE PARTIES 12. Plaintiff sold CONDO83 to Marcelo and Janine Penha on 9 October 2015, by agreement, a copy of which is attached hereto as “Exhibit 4”. Marcelo Penha (‘PENHA”) 10 subsequently joined the BOARD. il