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JOHANNA CARVAJAL [SBN 283445]
LAW OFFICE OF JOHANNA CARVAJAL Electronically Filed
181 Devine Street 6/4/2021 2:22 PM
San Jose, California 95110 Superior Court of California
T: 408.516.1171 County of Stanislaus
F: 408.275.0412 Clerk of the Court
E: jcarvajallaw@gmail.com By: Christine Zulim, Deputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF STANISLAUS
SERGIO AGUILERA, ANA AGUILA, Case No.: CV-19-007562
MARIA AGUILA, SERGIO AGUILERA
10 GUARDIAN AD LITEM TO ANA
AGUILERA AND MARIO ROSAS DECLARATION OF JOHANNA
ll GUARDIAN AD LITEM TO ORALIA CARVAJAL IN SUPPORT OF VACATING
122 ROSAS, ORDER TO SHOW CAUSE
13 Plaintiffs,
14 VS.
1S
JESSICA DOSTER, DEBORAH CREE, AND
16 DOES 1-50,
17 Defendants.
18 1, JOHANNA CARVAJAL, declare:
19
1 I ama licensed attorney in good standing, duly licensed to practice before all Courts
20
of the State of California. I am the attorney of record for all Plaintiffs in the above captioned
21
22
matter. I have personal knowledge of the facts stated herein. If called to testify, I can and could
23 competently testify to the facts contained in this declaration.
24 2 I make this declaration in support of vacating the order to show cause for failure td
25
appear at the May 5, 2021 Motion to Dismiss hearing.
26
27
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DECLARATION OF JOHANNA CARVAJAL IN SUPPORT OF VACATING ORDER TO SHOW CAUSE - |
3 On May 4, 2021, I paid for the V-Court telephonic appearance for the Motion tq
Dismiss hearing on May 5, 2021. Attached hereto as Exhibit 1 is a true and correct copy of thd
confirmation email.
4 On May 5, 2021, I called the telephone number assigned for my telephond
appearance and entered the identifying information when prompted. However, the V-Court
automated operator stated “the host has not joined.” | kept calling and calling over the course of
30-45 minutes and kept receiving the same response. I got frazzled when I could not locate the V
Court operator’s number to call for help to connect me to the hearing.
10
5 I then accessed the court’s website and saw that the hearing was vacated. Becaus¢
It
12 I had previously e-filed the Proof of Deposit of Funds into the Blocked Account for Minor Oralia
13 Rosas and filed a Request for Dismissal, I thought that “vacated” meant that the May 5, 2021)
14
hearing was off calendar, the case dismissed, and no further action was required. Having read
15
online that the hearing was vacated, I stopped making attempts to join the V-Court telephonid
16
appearance. A couple days later, I received the Court’s notice of the June 17, 2021 Order to Sho
17
18 Cause for Failure to Appear at the May 5, 2021 hearing. The notice also indicating the possibility
19 of facing $300 in sanctions for failing to appear.
20
6. I contacted V-Court on June 3, 2021 to request a direct telephone number in the
21
event I experience technical difficulties again. Other telephonic providers such as Court-Call have
22
a direct number to call. I learned that V-Court does not have a telephone number to call in tha
23
24 event of technical difficulties. V-Court only has an email, which I have noted in the event that this
25 happens again.
26
i
27
M
f
DECLARATION OF JOHANNA CARVAJAL IN SUPPORT OF VACATING ORDER TO SHOW CAUSE - 2
(
1 q For the foregoing reasons, I respectfully request the Court vacate the Order to
2
Show Cause for failure to appear at the May 5, 2021 and not issue sanctions.
I declare under penalty of perjury under the Jaws of the State of California that the
foregoing is true and correct to the best of my knowledge. This declaration is executed June 3
2021 at San Jose, California.
JOHANNA CARVAJAL
10 Attorney for Plaintiffs
11
12
13
14
ns’
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17
18
19
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| 23
24
25
26
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DECLARATION OF JOHANNA CARVAJAL IN SUPPORT OF VACATING ORDER TO SHOW CAUSE - 3
t
EXHIBIT 1
6/4/2024 Gmail - Telephonic Appearance Reminder
P41 Gmail Johanna Carvajal
Telephonic Appearance Reminder
5 messages
Stanislaus Superior Court Tue, May 4, 2021 at 6:00 PM
To: "jcarvajallaw@gmail.com"
fp2Stanislaus Superior Court
This is a reminder for Johanna Carvajal from Stanislaus Superior Court. You have scheduled the remote appearance(s)
shown below.
Confirmation Number: 181107
/ = = — ——
How to Join Your Remote Event
On the date & time of your event, connect:
\ By TELEPHONE: Call the conference phone number: (833) 545-7826.
You will need the Conference ID and Conference PIN shown below.
a
Remote Appearances Scheduled
Event Date & | Case Conference Conference
Time Dept | Number Event Description Amount | 1D PIN
X 5/5/2021 8:30
24
CV-19-
007562
Court's Motion to
Dismiss
$126.35 150244 0964
Attendee Information
Name: Johanna Carvajal (for SERGIO AGUILERA)
Email: jcarvajallaw@gmail.com
Reminders: Email (Note: Any reminder requested will be sent to the attendee the evening prior to the event.)
—
Cancellations (go to https://stanct.portalscloud.com/VCourt/)
Cancellation requests must be made before 3:00 PM on the day of 9:00 AM or the start time of your appearance,
whichever comes first. You will need your Email and your payment Confirmation Number shown above.
Conference Support & Information
For support/help with your remote appearance contact us at: vcourt@stanct.org
It is the mission and vision of the Stanislaus County Superior Court to provide equal access to justice; serving the needs
of our community and organization with integrity, quality, and fairness.
\
} https://mail.google.com/mail/u/07ik=05ebbe4b5a&view=pt&search=all&permthid=thread-f%3A 16988781 1978 102744&simpi=msg-f%3A 16988781197... 1/3
6/4/2024 Gmail - Telephonic Appearance Reminder
Confidentiality Notice: This E-Mail transmission may contain confidential or legally pnvileged information that is intended
only for the individual or entity named in the E-Mail address. If you are not the intended recipient, you are hereby notified
that any disclosure, copying, distribution or reliance upon the contents of this E-Mail is strictly prohibited. If you have
received this E-Mail transmission in error, please reply to the sender, so arrangements can be made for proper delivery,
and then delete the message from your system. Please consider the environment before printing this email.
Johanna Carvajal Thu, Jun 3, 2021 at 10:31 AM
To: vcourt@stanct.org
Dear V-Court
{ had an appearance on May 5, 2021 at 8:30 A.M. | repeatedly called the number assigned and all | received was a
message stating that the "host has not joined yet." | tried multiple times and was never able to connect with the court. As
such, | missed my court appearance. | received an order to show cause why | did not appear and am facing $300 in
sanctions for failure to appear. My next court date is June 17, 2021 at 8:30 A.M. | would like the fee that | paid for the May
4, 2021 hearing to be applied to my June 17, 2021 hearing. Also, do you have a direct telephone number | can call in the
event there is technical difficulties? With Court Call, we have the operator's telephone number in the event there is a
problem.
Thank you.
Johanna
[Quoted text hidden]
=
Johanna Carvajal, Esq.
The Law Office of Johanna Carvajal
The Victorian Law Offices
181 Devine Street
San Jose, California 95110
P: 408.516.1174
F: 408.275.0412
E: jcarvajallaw@gmail.com
THE INFORMATION CONTAINED IN THIS ELECTRONIC MAIL TRANSMISSION IS CONFIDENTIAL AND MAY BE
PROTECTED FROM UNAUTHORIZED USE OR DISSEMINATION BY THE ATTORNEY-CLIENT AND/OR ATTORNEY
WORK PRODUCT PRIVILEGES. If you are not the intended recipient, you are hereby notified that any viewing, copying,
disclosure or distribution of this information is strictly prohibited and may be subject to legal restriction or sanction.
DISCLOSURE UNDER TREASURY CIRCULAR 230: The United States Federal tax advice, if any, contained in this
document and its attachments may not be used or referred to in the promoting, marketing or recommending of any entity,
investment plan or arrangement, nor is such advice intended or written to be used, and may not be used, by a taxpayer
for the purpose of avoiding Federal tax penalties.
Paula Teixeira Thu, Jun 3, 2021 at 10:37 AM
To: Johanna Carvajal , vcourt
Unfortunately, you would have had to cancel your vcourt appearance prior to the hearing to be eligible for a refund or emailed
veourt for assistance the day you were having technical difficulties. In the future, please contact us using the VCourt help-desk
module on our website so that we can try to assist you in real-time,
[Quoted text hidden]
[Quoted text hidden]
Johanna Carvajal Thu, Jun 3, 2021 at 10:46 AM
To: Paula Teixeira
Cc: veourt
https://mail.google.com/mail/u/07ik=0Sebbe4b5a&view=pt&search=all&permthid=thread-f%3A
16988781 1978 102744&simpl=msg-f%3A 16988781197... 23
6/4/2021 Gmail - Telephonic Appearance Reminder
What kind of customer service is this? Do you not have a direct telephone number to contact in case this happens again?
[Quoted text hidden}
Paula Teixeira Thu, Jun 3, 2021 at 10:48 AM
To: Johanna Carvajal
Cc: veourt
We do not have a direct line however we do respond to all vcourt helpdesk items sent in via email.
[Quoted text hidden}
[Quoted text hidden]
https://mail.google.com/mail/u/07ik=05ebbe4bSa8&view=pt&search=all&permthid=thread-F%3A 16988781 19787 102744&simpl=msg-f%3A 16988781197. 3/3
Preview
JOHANNA CARVAJAL [SBN 283445] LAW OFFICE OF JOHANNA CARVAJAL Electronically Filed 181 Devine Street 6/4/2021 2:22 PM San Jose, California 95110 Superior Court of California T: 408.516.1171 County of Stanislaus F: 408.275.0412 Clerk of the Court E: jcarvajallaw@gmail.com By: Christine Zulim, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF STANISLAUS SERGIO AGUILERA, ANA AGUILA, Case No.: CV-19-007562 MARIA AGUILA, SERGIO AGUILERA 10 GUARDIAN AD LITEM TO ANA AGUILERA AND MARIO ROSAS DECLARATION OF JOHANNA ll GUARDIAN AD LITEM TO ORALIA CARVAJAL IN SUPPORT OF VACATING 122 ROSAS, ORDER TO SHOW CAUSE 13 Plaintiffs, 14 VS. 1S JESSICA DOSTER, DEBORAH CREE, AND 16 DOES 1-50, 17 Defendants. 18 1, JOHANNA CARVAJAL, declare: 19 1 I ama licensed attorney in good standing, duly licensed to practice before all Courts 20 of the State of California. I am the attorney of record for all Plaintiffs in the above captioned 21 22 matter. I have personal knowledge of the facts stated herein. If called to testify, I can and could 23 competently testify to the facts contained in this declaration. 24 2 I make this declaration in support of vacating the order to show cause for failure td 25 appear at the May 5, 2021 Motion to Dismiss hearing. 26 27 28 DECLARATION OF JOHANNA CARVAJAL IN SUPPORT OF VACATING ORDER TO SHOW CAUSE - | 3 On May 4, 2021, I paid for the V-Court telephonic appearance for the Motion tq Dismiss hearing on May 5, 2021. Attached hereto as Exhibit 1 is a true and correct copy of thd confirmation email. 4 On May 5, 2021, I called the telephone number assigned for my telephond appearance and entered the identifying information when prompted. However, the V-Court automated operator stated “the host has not joined.” | kept calling and calling over the course of 30-45 minutes and kept receiving the same response. I got frazzled when I could not locate the V Court operator’s number to call for help to connect me to the hearing. 10 5 I then accessed the court’s website and saw that the hearing was vacated. Becaus¢ It 12 I had previously e-filed the Proof of Deposit of Funds into the Blocked Account for Minor Oralia 13 Rosas and filed a Request for Dismissal, I thought that “vacated” meant that the May 5, 2021) 14 hearing was off calendar, the case dismissed, and no further action was required. Having read 15 online that the hearing was vacated, I stopped making attempts to join the V-Court telephonid 16 appearance. A couple days later, I received the Court’s notice of the June 17, 2021 Order to Sho 17 18 Cause for Failure to Appear at the May 5, 2021 hearing. The notice also indicating the possibility 19 of facing $300 in sanctions for failing to appear. 20 6. I contacted V-Court on June 3, 2021 to request a direct telephone number in the 21 event I experience technical difficulties again. Other telephonic providers such as Court-Call have 22 a direct number to call. I learned that V-Court does not have a telephone number to call in tha 23 24 event of technical difficulties. V-Court only has an email, which I have noted in the event that this 25 happens again. 26 i 27 M f DECLARATION OF JOHANNA CARVAJAL IN SUPPORT OF VACATING ORDER TO SHOW CAUSE - 2 ( 1 q For the foregoing reasons, I respectfully request the Court vacate the Order to 2 Show Cause for failure to appear at the May 5, 2021 and not issue sanctions. I declare under penalty of perjury under the Jaws of the State of California that the foregoing is true and correct to the best of my knowledge. This declaration is executed June 3 2021 at San Jose, California. JOHANNA CARVAJAL 10 Attorney for Plaintiffs 11 12 13 14 ns’ 16 17 18 19 20 21 | 23 24 25 26 27 28 DECLARATION OF JOHANNA CARVAJAL IN SUPPORT OF VACATING ORDER TO SHOW CAUSE - 3 t EXHIBIT 1 6/4/2024 Gmail - Telephonic Appearance Reminder P41 Gmail Johanna Carvajal Telephonic Appearance Reminder 5 messages Stanislaus Superior Court Tue, May 4, 2021 at 6:00 PM To: "jcarvajallaw@gmail.com" fp2Stanislaus Superior Court This is a reminder for Johanna Carvajal from Stanislaus Superior Court. You have scheduled the remote appearance(s) shown below. Confirmation Number: 181107 / = = — —— How to Join Your Remote Event On the date & time of your event, connect: \ By TELEPHONE: Call the conference phone number: (833) 545-7826. You will need the Conference ID and Conference PIN shown below. a Remote Appearances Scheduled Event Date & | Case Conference Conference Time Dept | Number Event Description Amount | 1D PIN X 5/5/2021 8:30 24 CV-19- 007562 Court's Motion to Dismiss $126.35 150244 0964 Attendee Information Name: Johanna Carvajal (for SERGIO AGUILERA) Email: jcarvajallaw@gmail.com Reminders: Email (Note: Any reminder requested will be sent to the attendee the evening prior to the event.) — Cancellations (go to https://stanct.portalscloud.com/VCourt/) Cancellation requests must be made before 3:00 PM on the day of 9:00 AM or the start time of your appearance, whichever comes first. You will need your Email and your payment Confirmation Number shown above. Conference Support & Information For support/help with your remote appearance contact us at: vcourt@stanct.org It is the mission and vision of the Stanislaus County Superior Court to provide equal access to justice; serving the needs of our community and organization with integrity, quality, and fairness. \ } https://mail.google.com/mail/u/07ik=05ebbe4b5a&view=pt&search=all&permthid=thread-f%3A 16988781 1978 102744&simpi=msg-f%3A 16988781197... 1/3 6/4/2024 Gmail - Telephonic Appearance Reminder Confidentiality Notice: This E-Mail transmission may contain confidential or legally pnvileged information that is intended only for the individual or entity named in the E-Mail address. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or reliance upon the contents of this E-Mail is strictly prohibited. If you have received this E-Mail transmission in error, please reply to the sender, so arrangements can be made for proper delivery, and then delete the message from your system. Please consider the environment before printing this email. Johanna Carvajal Thu, Jun 3, 2021 at 10:31 AM To: vcourt@stanct.org Dear V-Court { had an appearance on May 5, 2021 at 8:30 A.M. | repeatedly called the number assigned and all | received was a message stating that the "host has not joined yet." | tried multiple times and was never able to connect with the court. As such, | missed my court appearance. | received an order to show cause why | did not appear and am facing $300 in sanctions for failure to appear. My next court date is June 17, 2021 at 8:30 A.M. | would like the fee that | paid for the May 4, 2021 hearing to be applied to my June 17, 2021 hearing. Also, do you have a direct telephone number | can call in the event there is technical difficulties? With Court Call, we have the operator's telephone number in the event there is a problem. Thank you. Johanna [Quoted text hidden] = Johanna Carvajal, Esq. The Law Office of Johanna Carvajal The Victorian Law Offices 181 Devine Street San Jose, California 95110 P: 408.516.1174 F: 408.275.0412 E: jcarvajallaw@gmail.com THE INFORMATION CONTAINED IN THIS ELECTRONIC MAIL TRANSMISSION IS CONFIDENTIAL AND MAY BE PROTECTED FROM UNAUTHORIZED USE OR DISSEMINATION BY THE ATTORNEY-CLIENT AND/OR ATTORNEY WORK PRODUCT PRIVILEGES. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information is strictly prohibited and may be subject to legal restriction or sanction. DISCLOSURE UNDER TREASURY CIRCULAR 230: The United States Federal tax advice, if any, contained in this document and its attachments may not be used or referred to in the promoting, marketing or recommending of any entity, investment plan or arrangement, nor is such advice intended or written to be used, and may not be used, by a taxpayer for the purpose of avoiding Federal tax penalties. Paula Teixeira Thu, Jun 3, 2021 at 10:37 AM To: Johanna Carvajal , vcourt Unfortunately, you would have had to cancel your vcourt appearance prior to the hearing to be eligible for a refund or emailed veourt for assistance the day you were having technical difficulties. In the future, please contact us using the VCourt help-desk module on our website so that we can try to assist you in real-time, [Quoted text hidden] [Quoted text hidden] Johanna Carvajal Thu, Jun 3, 2021 at 10:46 AM To: Paula Teixeira Cc: veourt https://mail.google.com/mail/u/07ik=0Sebbe4b5a&view=pt&search=all&permthid=thread-f%3A 16988781 1978 102744&simpl=msg-f%3A 16988781197... 23 6/4/2021 Gmail - Telephonic Appearance Reminder What kind of customer service is this? Do you not have a direct telephone number to contact in case this happens again? [Quoted text hidden} Paula Teixeira Thu, Jun 3, 2021 at 10:48 AM To: Johanna Carvajal Cc: veourt We do not have a direct line however we do respond to all vcourt helpdesk items sent in via email. [Quoted text hidden} [Quoted text hidden] https://mail.google.com/mail/u/07ik=05ebbe4bSa8&view=pt&search=all&permthid=thread-F%3A 16988781 19787 102744&simpl=msg-f%3A 16988781197. 3/3