JASON L. PINT;A R, E SQ.

(#212452)
Law Offices of J,ason L. Pintar
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2021 The Alam�da, Suite 310
3 San Jose, CA 9�126
TE L (408)983-0500
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FAX (408)983-1009 UCSK.tev
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Attorney for Respondent,
GENEL YN L U GARE SI
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7
S UPE RI O R C O U RT O F T HE STATE O F C A LI F O R NIA
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9 IN A N D F O R T HE C O UNTY O F SANTA CLARA

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F A MILY L A W DIVI SI O N
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I n Re: Marriage of Lugaresi Case No.: 6-12- F L-009164
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13 S P O N DENT' S STATEMENT O F I S SUE S

J A S O N LUGARE SI,
14
ATE: February 19, 2013
Petitioner,
15 IME: 9:00 a.m.
vs.
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E PT: 80
GENEL YN LUGARE SI,
16 I

17 1 ON. MARGARET J O H N SO N.
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Respondent.
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19 I I

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�espondent, GENE L YN L UGARE SI, by and through her attorney of record, JA S ON L.
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22 PINTAR, €,SQ.,_hereby submits her Statement oflssues be fore Trial:
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I. BACKGROUND

P btitione is a citizen of the United States. Respondent is a Philippine citizen. Petit ioner met
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responderttI when she was a minor, while Petitioner was serving a Mormon mission for his church in
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27 the Philip'pines.. After Petitioner left the Philippines, Respondent became pregnant with the minor

child in q Jestion J U LI A N GABUT AN. There is no issue that Petitioner is not the biological father of
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29 I
yABU:TAN. The
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J U LIAN father of Respondent's child is a Philippine citizen. Attached hereto as

\ Stqtement of Issues Before Tr;a/, Marr;age af Lugaresi, Case No. #6- I2-FL-009 I64

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 Exhibit "A" is a true and correct copy of the Filipino Certificate of Live Birth which lists the child's
2
name as "Julian Genesis Tuliao Gabutan" - the natural father's last name is Gabutan. Attached hereto
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as Exhibit "B" is a true and correct copy of the child's passport - he is named as Julian Genesis
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5 Tuliao Gabutan. Attached hereto as Exhibit "C" is a true and correct copy of the child's Korean Visa

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- he is named as Julian Genesis T. Gabutan. Attached hereto as Exhibit "D" is a true and correct
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copy of the child's Korean Alien Registration card - he is listed as Julian Genesis Gabutan. Attached
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9 hereto as Exhibit "E" is a true and correct copy of a Pre,. School diploma from Korea listing the

10 child's last name as "Gabutan." Attached hereto and incorporated herein as Exhibit "F" is a true and
l l
correct copy of the child's United States Green Card - he is listed as Julian Gabutan. Attached hereto
12

13
and incorporated herein as Exhibit "G" is the official Mormon Church record· showing the child's

14 name as "Julian Genesis Tuliao Gabutan." Attached hereto and incorporated herein as Exhibit "H" is.
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a true and correct copy of health benefits cards for the minor child - he is listed as Julian T. Gabutan.
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After discovering that Respondent was pregnant, Petitioner encouraged Respondent to have an
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18 abortion. Respondent re fused and gave birth to the child.

19
The parties were married in or around May 2007 m the Philippines. Shortly after their
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marriage, the parties moved to Korea where Petitioner attended school. The pa rties lived in a rented
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22 one-room flat in Korea. Petitioner attended school full time and worked sporadic translation jobs.

23
Respondent was forced to work full-time at a car-manufacturing plant to pay the bills. Respondent
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was forced to take this .graveyard shift after Petitioner refused to care for the minor child in question
25

26 during the day.' Respondent would work all night, come home and then care for the child while

27 Petitioner attended school.

28
In or around March, 2012, Petitioner and his father co-sponsored Respondent and the minor
29

30
child to come to the United States. Since their arrival, Respondent and the minor child have been

Stqtement of Issues Before Trial, Marriage of Lugaresi, Case No. #6-12-FL-009164

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 boarded in Petitioner's parents' garage in a dilapidated camper. Petitioner's parents were openly
2
hostile to Respondent and the minor child, disparaging Respondent and the minor child in front of
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them. Petitioner had his own room in the house but Respondent and the minor child were locked in
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5 the garage, and .forced to ask permission to enter the home to use the restroom and obtain potable

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drinking water.
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Respondent was forced by Petitioner and his parents to obtain two (2) jobs to pay for her
8

9 accommodations in the Lugaresi garage. On each pay day, Respondent was forced by Petitioner's

10 parents to sign documents which would give all of her earnings to Petitioner's parents. This was done
11
ostensibly to repay Petitioners' parents for their hospitality. At the same time, Petitioner worked a
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13 part-time seasonal retail position, earning minimum wage.

14 Petitioner did not enroll the child in school in the United States even though four (4) months of
15
the school year were still remaining when they arrived.
16
During h•s time in Korea and in the United States, Respondent has disapproved of Petitioner's
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18 obsession with video-games, particularly violent video games. Respondent has also disapproved of her
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son playing video games any more than an hour a week and has a zero-tolerance for violent video
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games. Respondent further disapproves because Petitioner has used video-games as a babysitter for the
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22 minor child in lieu of interacting with the child. Respondent also disapproves of video-game usage due

23
to the fact that on several occasions, Petitioner has neglected the minor child while playing video
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games to the exte: nt that Respondent has found the minor child to have sat in his own feces for hours,
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26 unattended by Petitioner. Petitioner could not be bothered to supervise the child's toilet usage and

27 needs while engrossed in his own video gaim ng.

28
In July, 2012, Respondent arrived home from one of her two jobs to discover Petitioner playing
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violent video games with the minor child. An argument ensued and Petitioner had Respondent
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StiJ.tement of Issues Before Trial, Marriage of Lugaresi, Case No. #6-12-FL-009164

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 arrested. He also filed a C LET S restraining order against Respondent, however, that was apparently
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denied. The criminal case was dropped at the first hearing. Respondent has no prior criminal record or
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history of violence. Of particular note is the fact that Petitioner filed this restraining order with no
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5 mmor.

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Petitioner re fused to bail Respondent out of jail after her arrest. She was released after the

Latter- Day Saint Chaplain assigned to minister to inmates for Santa Clara County heard her story. An
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9 attempt after her release was made to reconcile with Petitioner. Petitioner re fused Respondent entry
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10 into his parents'' garage. Having nowhere else to go, Respondent and the minor child moved in with
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the L D S Chaplain and his wife. She cares for the chaplain's wi fe who has Multiple Sclerosis, is
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13
steadily employed, has medical benefits for her and the minor child, and has placed the minor child in

14 school.
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No real property or signi ficant assets are at issue in the case, leaving the unresolved issues for
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trial (1) whether the Petitioner has a Family Code Section 761 l(d) claim of parentage for the minor
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18 child in question ', or in the alternative, a step-parent right to visitation pursuant to Family Code Section
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3101 (2) Petitioner's request for spousal support, and (3) Petitioner request for attorney's fees.
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This case has a long, troubling history. During marriage, there Petitioner has forced
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22 Respondent to work multiple jobs on top of being the primary caregiver for the minor child. Despite

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his years of higher education, Petitioner has had little if no meaning ful employment. In spite of the few
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obligations Petitioner had as a part time student, he re fused to care for the child. Petitioner and his
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26 family view Respondent and the minor child as in ferior inconveniences. Respondent was forced into a

27 modem-day forrh of indentured servitude upon her entrance to the United States, and is now being
28
abandoned by her immigration sponsors and not only left to her own devices but is being sued for
29
spousal support and sole custody of her biological child.
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Sta,tement of Issues Before Trial, Marriage of Lugaresi, Case No. #6-12-FL-009 I64

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.. •)

There is also a history of domestic violence against Respondent. In both Korea and the United
2
States, Petitioner has struck Respondent in front of the minor child. Petitioner has also verbally abused
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Respondent in front of the minor child in Korea and the United States.
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5 A short-cause hearing was held on December 5, 2012 on this issue to determine whether a

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prima fascie case for 7611 presumed fatherhood could be established. The issues of parental rights,
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support and attorneys fees were set for long cause hearing.
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9 STATEMENT OF ISSUES

10 I. Should Petitioner be awarded full parental rights, step-parent rights or no parental rights?
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II. Should Petitioner be entitled to spousal and child support if he is given any custody or
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13
visitation rights?

14 III. Should Petitioner be awarded attorneys fees for litigating the issue of parentage?
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LAW AND ARGUMENT
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I. Family Code 7611(d) Parentage and Visitation
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18 California Famil y Code §7611 (d) states in relevant part:

19 "!A man is presumed to be the natural father of a child if. . . . . (d) he
receives the child into his home and holds out the child as his natural child."
20

21 The California Courts have held: "(A] presumption under [Family Code] Section 7611 is
i
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rebuttable presumption affecting the burden of proof and may be rebutted in an appropriate action onl
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by convincing e�idence." Librers v. Black_(2005) 129 Cal.App.41h 114, 122 [emphasis added].
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25 "(A]nyone who meets the conditions of Family Code Section 7611 has created for
himself; a rebuttable presumption whereby the mother of the child may use facts to
26 rebut that presumption by a showing of clear and convincing evidence." Id This is the
27 procedural posture of the instant action; Petitioner at the last short-cause hearing
showed' that a prima fascie case of 7611 presumed parenthood had been established.
28 Thus the burden has shifted to Respondent by the convincing evidence standard that
29
Petitioner is not the presumed father and it is not in the best interest of the child for him
to have :visitation with Petitioner."
30

Sta,tement of Issues Before Trial, Marriage of Lugaresi, Case No. #6-12-FL-009164

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,1_ •·

"In determining whether a man has 'received a child into his home and openly held out
the child' as his own, courts have looked to such factors as whether the man actively
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helped :the mother in prenatal care; whether he paid pregnancy and birth expenses
3 commensurate with his ability to do so; whether he promptly took l_ egal action to .
obtain custody of the child; whether he sought to have his name placed on the birth
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certificate; whether and how long he cared for the child; whether there is unequivocal
5 evidence that he had acknowledged the child; the number of people to whom he had
acknowledged the child; whether he provided for the child after it no longer resided
6
with him; whether, if the child needed public benefits, he had pursued completion of
7 the requisite paperwork; and whether his care was merely incidental." (Emphasis
Added)
8

9 In re T.R., 34 Cal.Rptr.3d 21� (2005}.

10 Petitioner has provided no evidence that he ever held the child out to be his own to the community.
11
Respondent can· show that Petitioner never intended to adopt the minor child, never emotionally,
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13
fn
i ancially or mentally cared for the child. Respondent has provided documented evidence of the

14 Petitioner never t, aking the time to change the child's name to his own, never declaring himself a step-
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parent or any other type of parent of the child, nor, and declaring on Federal Documents that he is not
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the true parent or step parent of the minor child. Petitioner's only evidence is his own .testimony that
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18 others knew the child to be his.

19
A review of a success ful 7611(d) petition sheds light on the factors the court is help ful
20
in determining whether one party has held a child out to be his or her own:
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22 " Charisma was present during Amalia's birth and cut the umbilical cord; she gave
Amalia a hyphenated last name including her name on Amalia's birth certificate; she
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brought Amalia into her and Kristina's shared home; she held herself out as Amalia's
24 mother·in a birth announcement, a baby shower, a gift registry, an online message
board for women trying to conceive, and communications with various people,
25 including the nurse at a "well baby" visit, a visiting former co-worker, and strangers in
26 the street; she shared in the care of Amalia until Kristina went back to work; and she
cared for Amalia after Kristina returned to work until Kristina moved out with
27 Amalia."
28

29 In Re: Elisa B. , 37 Cal.4th 108 (2005)

30
No evidence that any of these factors have been undertaken by Petitioner has been

Statement of Issues Before Trial, Marriage of Lugaresi, Case No. #6-l2-FL-009164

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...

provided by Peti�ioner.
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In the alternative, Petitioner has pied that if Respondent can show that it is not in the child's
3
best interest to have visitation or the declaration of presumed parenthood, then he has visitation
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s under a Family Code Section 3101 step-parent theory. If the court finds that Petitioner does have

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step-parent rights to the minor child, the court must take the biological mother's desires into
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consideration when determining visitation.
8

9 A custodial parent has a 14th Amendment substantive due process liberty interest to make

10 decisions concel'.ning the care, custody and control of her child. The United States Supreme Court
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has held that state law, as applied, only allows trial courts to grant nonparent visitation rights over a
12

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parent's objection when the court determines such visitation is in the best interest of the child.

14 Otherwise, the Court may not unconstitutionally in fringe on a custodial parent's right concerning the
IS
care, custody and control of her child. Troxel v. Granville (2000) 530 U S 57, 65-70.
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The Troxel case further holds that the court must act under a presumption that a fit custodial
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18 parent will act in the child's best interest regardless of the decision they make granting or denying
19
visitation to a non-parent. Id at 67-68. , see also, Punsly v. Ho ( 2001) 87 CA4th 1099, 1106-1107;

Kyle 0. v. Donald R. ( 2000) 85 CA4th 848, 862-864. California courts have routinely held that
20

21
1
22 deference to the custodial, biological parent should always be given except in "the most unusual and

23
extreme cases." ; Marriage of Gayden (1991) 2 29 CA3d 1510, 15 20. Furthermore, a presumption
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favoring decisions made by the biological and custodial parent regarding visitation is established in
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26 California, and the non-parent seeking visitation must rebut that presumption by showing it is in the

27 best interest of the child for the court to grant visitation:

28
Petitioner's arguments gloss over the most important determinable factor set forth in
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30
California Family Code §3101: ". . . .the Court may grant reasonable visitation of a stepparent, if

Stqtement of Issues Before Trial, Marriage of Lugaresi, Case No. #6-12-FL-009164

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 visitation by the stepparent is determined to be in the best interest of the minor child." [emphasis

In
2
added]. the instant case, the facts clearly show that any contact by the minor child with Petitioner
3 l

is not in the best' interest of the child.

4

5 The child in question has been subjected to a seriously damaging environment. Respondent

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has entered the �hild into school and has been informed that the child's scholastic progress which

far
7
was poor and below average while living with Petitioner and his family, has now skyrocketed
8

9 since his vacating the Lugaresi residence. Also, Respondent has had to take the minor child to a

10 physician and th.erapist to combat the recent trend of him defecating himself while in public; which
11
the doctors have told Respondent has been caused by Petitioner refusing to let him enter the Lugaresi
12

13
home to use the bathroom as well as Petitioner's history of inattentive care of the child. Another

14 reason behind the child's behavior problems could be due to the child's premature exposure to sex.
15
While in their one-room flat in Korea, Petitioner often made advances toward Respondent while the
16
child was in eye and ear shot. Respondent insisted they could only "be passionate" when the child
17

18 was away. However, Petitioner insisted several times while the child was in the same room, making
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Respondent acquiesce only after disparaging the existence of the child and his interference with their
20
sex life.
21

22 Respondent currently has her own bedroom. The child has his own bedroom. Respondent has

23
a job throgh the LDS chaplain's influence and contacts where she has medical insurance coverage
24
for herself and her child. Respondent is now also able to cash her own paychecks and retain the
25

26 earnings instead ·of signing them over to Petitioner's parents like an indentured servant. Respondent

27 also has the child in school and has overseen his improved scholastic performance. There is also
28
stable child care with the LDS chaplain's wife while Respondent is at work. The child no longer
29

30
defecates himself while being babysat by a videogame system while Respondent is at work.

Statement of Issues Before Trial, Marriage of Lugaresi, Case No. #6-12-FL-009164

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 Petitioner has taken no interest in the child's outside activities. He has not provided for him
2
emotionally, financially or mentally. The child is in a serious regressive state due to his treatment
3
at the hands of Petitioner. Respondent is also fear ful that the poor treatment of her child will
4
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5 continue if Petitioner is granted any kind of rights. Petitioner's family has had an outbreak of

6
tuberculosis and re fused treatment therefore requiring county involvement.
7
Petitioner's family does not believe in normal mandatory inoculations that the child would
8

9 need to attend public school. Petitioner's family treats the child like what they have called him: a

10 "bastard" and have disparaged his mother by calling her a "whore." Petitioner?s family cloistered
11
the mother and child in their garage and locked them away. Petitioner has also exposed the child
12

13
to adult themes prematurely through his video game usage and using videogames as a babysitter

14 for the child when ill his care.

15
II. Sbousal and Child Support
16
Petitioner is seeking both spousal and child support.
17

18 Petitioner has many years of formal higher education and yet has made no serious attempts to
19
pursue employment in his field of expertise. Instead he had part-time seasonal employment at a loca
20
Barnes and Noble book store making minimum wage. He recently lost this position and is current}
21

22 unemployed.

23
Respondent works in a care facility making $9.00 per hour. She cannot afford housing for hersel
24
and her child. The only reason she is able to survive is due to the charity of the local L D S clergy wh
25

26 took her into his 1home to care for his wife.

27 Respondent's earning capacity is extremely low considering her lack of formal education, he
28 '

language dif ficuities and her lack of stable family support here in the United States. Petitioner howeve
29

30

Statement of Issues Before Trial, Marriage of Lugaresi, Case No. #6-l2-FL-009164

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 lives at home, is highly educated, and has a large family to rely on for emotional, physical and financia

support. An award of support to Petit ioner would be improper considering these factors.
2

3
Furthermore, when a person sponsors another person to become a legal permanent resident,
4

5 Petitioner and his father did, they must fill out a form that creates a contractual obligation to bring tha
I
I
6
person to the United States. This immigration form is form 1-864, or more commonly, an "Affidavit o
7
Support." This f9rm is part of the immigration package that must be filed with the U S CI S (United State
8

9 Citizenship and Immigration Services) by the proposed sponsor.

10 This Affidavit of Support is filed for the foreign spouse and any minors of the foreign marriage.
11
Petitioner and his father filed this form when he brought my client and her son to the United States. I
12

13 this form, the s�onsor promises to maintain the foreign spouse and any other charge so that he, she, o

14 they do not become a public charge.

15
As this issue is one of Federal law, recent Federal Case law is cited as applicable to the instan
16
situation. In ChJshire v. Cheshire, 895 So.2d 408 (2005), a Florida district court of appeals held that
17

18 sponsor's support obligations to the sponsored immigrant under an affidavit of support terminates onl

upon the occurrence of one of five circumstances: 1) the sponsor's death, 2) the sponsored immigrant'
19
20
death, 3) the sponsored immigrant becoming a U.S. citizen, 4) the sponsored immigrant permanent)
21
22 departing the U.S., or 5) the sponsored immigrant being credited with a total of 40 qualifying quarters o

23 work. (See 8 U.S.C. § l 183a(a)(2), (3) and C.F.R. § 213a.2(e)).

24
This issue of a sponsor's support of a spouse and a minor after dissolution has been well settle
25

26 in many recent Federal cases. ( See Schwartz v. Schwartz, 2005 WL 1242171, Stump v. Stump, 2005

27 1290658, Ainsworth v. Ainsworth, 2004, U.S. Dist. LEXI S 2896, Montgomery v. Montgomery, U.S.D
28
New Hampshire; 2011).
29

30

Statement of Issues Before Trial, Marriage of Lugaresi, Case No. #6-12-FL-009164

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·'

All of these cases have stated unequivocally that a sponsor is responsible for maintaining th
2
sponsee at 125% the Federal Poverty level absent one of the five circumstances above. This w
3
explained to Petitioner and his father in section l 183(a) of Form I-864.
4

5 Respondent is entitled as a matter of law to be maintained at a rate of 125% the federal pove

6
level. To date, Petitioner has not only not aided Respondent in maintaining this level of income, but h
7
through his parents taken the money earned by Respondent and not reimbursed her. The fact tha
8

9 Petitioner is asking for spousal and child support is in bad taste, and any order of child or spous

10 support will inevitably be offset by the obligations of Petitioner and his father as co-sponsors o
11
Respondent's immigration to the United States.
12

13
III. Attorneys fees

14 There are two theories under California Family Code whereby a party can generally ask for
15
attorneys fees. The first is under Section 271 wherein the award of attorneys fees to one party is mor
16
akin to sanction� being imposed against the other party for a delay or frustration of judicial economy
17

18 The second theory is under Section 2030 which comes into play when one party is prevented fro
19
adequate representation due to a disparity in earning capacity between the parties. Neither theory woul
:

20 '

allow Petitioner to receive attorneys fees from Respondent in the parentage action regarding this mino
21

22 child.

23 Family Code § 271

24 California Family Code Section 271 sets forth the purpose of awarding attorneys fees:

25 "The court may base an award of attorney's fees and costs on the extent to
26 which the conduct of each party or attorney furthers or frustrates
the policy of the law to promote settlement of litigation and, where
27 possible, to reduce the cost of litigation by encouraging cooperation
28
between the parties and attorneys."

29

30 Petitioner has not met the burden of proof set by In re Marriage ofCorona (2009) 172

Statement of Issues Before Trial, Marriage of Lugaresi, Case No. #6-12-FL-009164

1I
 Cal.AppAth 1205, 1 2 25-1 2 26 which requires a substantial evidentiary showing by the moving
2
party to ask for sanctions and attorney's fees. No evidence of Respondent either frustrating the·
3
policy of law or needlessly extending litigation has been shown. Neither has petitioner pied
4

5 Respondent's reasons for allegedly prolonging litigation, and an award of 271 attorney's fees can
. .

6
only be allowed when those reasons are found to be unnecessary. (Id at 1 2 27).
7
While the court has "considerable latitude in fashioning or denying " the award, the court must
8

9 consider "the appropriate factors " as outlined in the code section. In Re: Marriage of Keech, 75
10
Cal.App.4th 866 ,(1999). These factors include: the furtherance or frustration of the policy of law, b:
11
to promote settlement of litigation, and c: to reduce the cost of litigation by encouraging cooperation
12

13 between the parties. An award of attorneys fees under Section 271(a) therefore requires a review of the

14 facts surrounding the procedure of the instant case.

15
Petitioner asserts that the instant litigation regarding child parentage is unnecessary. On the
16

17 contrary, the issue of whether Petitioner has any parental rights or step-parent rights is extremely

18 important. Prolonged litigation over something as inconsequential as conununity property or a tangible

19
object may be subject to a 271 analysis. However, a biological mother seeking the best interest of her
20

21 son can hardly be called an unnecessary litigation expense, especially considering the issues of material

22 fact in the case; namely the fitness of Petitioner to have a role in the minor child's life.
23
Family Code § 2030
24

25 "The purpose of an award under Family Code section 2030 is to ensure that the party in need

has adequate leg � representation to litigate the family law issues." (In re Mariage of Kelso (1998)
26

27
67 Cal.App.4th �74, 384-5 [79 Cal.Rptr.2d 39].) The "primary right " which Family Code section
28

29 2030 intends to vindicate "is the right of a party to a family law proceeding to an adequate

30 opportunity to litigate, notwithstanding a disparity in the parties' income and assets. " (Nicholson v.

Statement of Issues Before Trial, Marriage of Lugaresi, Case No. #6-12-FL-009164

12
!' ,..
- 1

Fazeli (2003) 113 Cal.App. 4th 1091, 1102 [6 Cal.Rptr.3d 881].)

2
Family �ode section 2030 indicates the conditions under which the court
3

4 . . . shall ensure that each party has access to legal representation. .. by

ordering, if necessary based on income and needs assessments, one
5 party. . . :to pay the other party, or the other party's attorney, whatever
6 amount' is reasonably necessary for attorney's fees and for the cost of
maintaining or defending the proceeding during the pendency of the
7
proceeding.
8 (In re Marriage of Keech (1999) 75 Cal.App. 4th 860, 867 [89 Cal.Rptr.2d 525]. )
9
While the court has "considerable latitude in fashioning or denying" the award, the court must
10

11 consider ''the appropriate factors" as outlined in the code section. (Keech, supra, 75 Cal.App. 4th at

12 866. )
13
The primary considerations are the relative income and ability to pay of the parties to the
14
action, the litiga�ion needs of the parties, and whether the fees involved were reasonably necessary.
15

16 (Keech, supra, 75 Cal.App.4th at 867. )

17
Here, Petitioner and Respondent are in the same financial position. Their income and expense
18
declarations show that they are in the same financial position as the other. Respondent does not have
19

20 any savings whatsoever as the proceeds from her two jobs in the United States were deposited directly

In
21
into Petitioner's parents' possession. fact, Respondent's earnings have not been accounted for by
22
Petitioner's parents. As Petitioner's parents are a source of Petitioner's legal fees, it is unclear whether
23

24 Respondent's ov.in earnings aren't being used to pay to prosecute her. In short, Petitioner is in no way

25
denied access to legal representation as a result of his financial standing.

IV.
26
WITNESS LIST
27
1. Genelyn Lugaresi
28

29 2. Jason Lugaresi

30 3. Randol Y. Mackley

Statement of Issues Before Trial, Marriage of lugaresi, Case No. #6-12-FL-009164

13
 CONCLUSION
2
For the foregoing reasons, Respondent respectfully requests that this Court find that Petitioner
3
has not held the child out to be his own according to Family Code Section 761 l(d), and as such should
4

5 not be granted custody or visitation of the child. Respondent further requests that this Court find that no

6
spousal support is due and owing Petitioner, nor attorneys fees.
7

ji:),
9

10 DATED: z 2013 Respectfully Submitted,

11

12

13

14
A ON L. PINTAR, ESQ.
15
orney for Respondent,
16 GENELYN LUGARESI
17

18

19

20

21

22

23

24

25

26

27

28

29

30

Statement of Issues Before Trial, Marriage of Lugaresi, Case No. #6-J2-FL-009164

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... .The Church of Jesus Christ of La J':"�: --Y Saints Gabutan, Julian Genesis Tuliao
Individual Ordinance Summary - 8 Nov2012 Record Number: 001-8654-9870

Personal and Ordinance Information

Full name: Gabutan, Julian Genesis Tuliao
Birth date: 19Apr 2006

Phi lippines ·
Birthplace: Cagayan Valley
Birth country:
Sex: Male
Baptism date:
·Confirmation date:
Sealed to parents date t/ emple or BIC:

Parents
Name maiden name If a licable Birth Date
Tuliao Geriel 15 Se 1987

Residing With Residential Address

Name: Lugaresi, Genelyn Apattad 205Belgatos Rd
Birth Date: 15 Sep 1987 Los Gatos, CA 95032
USA

Phone Numbers and E-mail Address Mailing Address

Household telephone: 408/ 358-3682 (Same as residential )
Individual telepl;lone:
Household �-mail address: gt_09fS@live.com
Individual e-mail address:

Current Unit
. Cambrian Park Ward (19070), San Jose-California South Stake (504947)

IF THERE ARE ERRORS, have your ward cleric make the changes and give you a corrected Individual
MEMBER - K� THJS SUMMARY as a record of your ordinances·.
. .
Ordinance Smiunary.
·
KEEP THlS INFORMATION CONFIDENTIAL - Because your Individual Ordinance Summary contains personal infonnation, please bc'carcful who you share it
with.·
I
IF YOU MOVE, tell your CWTent bishop or ward cleric your new address and, if you know it, your new ward. Show this summary to your new bishop or.ward clcrt
so your membership rcco�d can be requested. ..

To find your new ward, contact your administration·omcc or use the Meetinghouse Locator tool found 81 http://www.lds.orglbasicbclicfs/mcctinghouse.

....

Page 1of1
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•

IN RE: MARRIAGE OF LUGARESI

Santa Clara County Superior Court
Case No.: 6-12-FL-009164

PROOF OF SERVICE

I, Andrew K. Calvert, declare that I am employed in the County of Santa Clara,

California. I am over the age of eighteen (18) and not a party to the within action
or cause; that my business address is 2021 The Alameda, Suite 310, San Jose, CA
95126. On the date set forth below, following ordinary business practice, I served
the foregoing document(s) described as:

RESPONDENT'S STATEMENT OF ISSUES

on the following person(s) in this action [ ] by placing a true copy thereof

enclosed in a sealed envelope addressed as follows:

[ ] (BY MAIL) I am "readily familiar" with the firm's practice of

collection and processing correspondence for mailing. Under that practice it
would be deposited with the U.S. Postal Service on the same day with postage
thereon fully prepaid at San Jose, California in the ordinary course of business. I
am aware that on motion of the party served, service is presumed invalid if the
postal cancellation date of postage meter is more than one day after the date of

!
deposit for mailing in affidavit.

Constance L. Carpenter, Esq.

Carpenter & Mayfield
730 N. First Street
San Jose, CA 951 12

[X] (BY PERSONAL SERVICE) I instructed each envelope to be hand- ·

delivered.

[ ] (BY OVERNIGHT MAIL) I caused each envelope to be delivered

overnight mail.

[ ] (BY FACSIMILE) I instructed such to be transmitted via facsimile to the

office of the addressee to the following facsimile number on the date set forth
below:

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 15, 2013, at San Jose, California.
 ucs
l\�. M\cke\a
1 CONSTANCE L. CARPENTER SBN 68
- 1 22
CARPENTER & MAYFIELD -
2 730 N. First Street
San Jose, CA. · 95 1 1 2
FEB \ ll p 2: 2 I
3
Tel : (408) 287- 1 9 1 6 zun
4

Attorney for JASON LUGARESI

5

8 SUPERIOR COURT OF CALIFORNIA

9 COUNTY OF SANTA CLARA
10

11 In re the Marriage of: Case No. : 6-1 2-FL-009 1 64

12 JASON LUGARESI, PETITIONER'S ATTORNEY'S FEES
DECLARATION
13 Petitioner,
14 And
-15 GENELYN LUGARESI,
16 Respondent
17

18 - I, CONSTANCE L. CARPENTER, am the attorney for Petitioner in this matter.

19 Petitioner is requesting attorney's fees as in this action in an amount of $ 1 0,000.00.
20 Under Local Rule 4 .B., the following factors are provided for the court's
21 information:
22
(1) Services performed and costs incurred:
23 Attorney's fees: 1 7.95 hours I $350.00 per hour= $6,282.50.
24 Costs incurred are as follows:
25 Process Server fee: $65 .00
26 Witness fee : $ 1 50· . oo
27 Transcript fee: $200.00
28

DECLARATION ON ATTORNEYS FEES

 '

2 TOTAL COSTS : $415.00

3
Total fees and costs: $6,697.50
4
(2) Estimate of future services:
5 Future services include preparing for and attending th.e hearing on this matter.
6 There may be several hearings as well as trial before this matter is concluded.
7
(3) Financial Circumstances
8 The Income and· Expense Declaration of the Petitioner is �ubmitted with this filing.
9 .
He is not employed at this time. Respondent's Income and Expense Declaration is on
10 file. She is employed.
11
(4) Amount Paid
12 Petitioner has paid m e $8,300:00. The source of this money wa� income and a
13 loan from family members. There have been no prior fee awards in this matter.
14
(5) Experience
15 Constance Carpenter has practiced law in Santa Clara County.since 1 976; since
16 1 982 her practice has been primarily in the area of Family Law, and most particularly
17 custody disputes. She has been a trustee of the Santa Clara County Bar Association and
18 serves on committees o f the Bar. She is not a family law specialist.
19

20 I declare under penalty of perjury under the laws of the State of California that the
21 foregoing is true and correct.
22

23 DATED: :( {t"--{ \20F�

24

25

26

27

28
2

DECLARATION ON AITORNEYS FEES

 FL-150
ATIO�NEY OR PARTY WITHOUT ATIORNEY (Name, ,s,C:..,·o0r number, and addless) : FOR COURT USE OHL Y

CONSTANCE L . CAR PENTER SB# 6 8 1 2 2

.. �...
CARPENTER AN D MAY F I EL D
7 3 0 N o r t h F i r s t S t re e t
S a n Jose , · CA 9 5 1 1 2
TELEPHONE NO.: ( 4 Q 8 ) 2 8 7 - 1 9 1 6 ( 4 Q8 ) 2 8 7 -98 57 F \ l_ E- o
. . · ·

ZOil FEB
E-MAIL ADDRESS (Oplional) :
ATIORNEY FOR (Name): JASON LUGARE S I 1. 4 P 2: 2 I
SUPERIOR COURT O F CALIFORNIA, C O UNTY OF SANT A C LARA
srREET ADDRess: 1 7 0 P a r k Ave nue
MA1uNG ADDRess: 1 9 1 . N . F i r s t S t re e t
CITY AND ZIP CODE: s a n J0 s e r C A . 95 1 1 3
BRANCH NAME: FAM I LY LAW D I V I S I ON
PETITIONER/PLAINTIFF: JASON LU GARES I
ucs
A . M\c\<e\a
RESPONDENT/DEFENDANT:GEN EL YN L U GARE S I
OTHER PARENT/CLAIMANT:
INCOME AND EXPENSE DECLARATION CASE NUMBER:
6 - 1 2 - FL � 0 0 9 1 6 4

1. Employment (Give information· on your currentjob or. ifyou're unemployed, your most recentjob.)
Attach · copies a. Employer: B a r n e s and Noble
of your pay b. Employer's address: 1 6 0 0 . S a r a t o g a Ave . S a n Jo s e , CA .
stubs for last . c. Employer's phone number: ( 4 0 8 ) 3 7 0- 0 4 4 4
two months d. Occupation: Boo k s e l l e r
(black out e. Date job started: Apr i 1 , 2 0 1 2
If unemployed, date job ended: Janua r y 1 1 , 2 0 1 3 ·
·

social f.
t work about z e ro
gross (before taxes) 0 per month D· pe� week 0 per hour.
security g. hours per week.
numbers). h. I get paid $
(If you have more than one job, attach an 8 1/2-by-1 1 -inch sheet of paper and list the same i nfonnation as above for your other
jobs. Write "Question 1 - Other Jobs" at the top.)
·
2. Age a·nd education
My age is (specify): 3 0
I have completed high school or the equivalent: IXI Yes 0 No If no, highest grade completed (specify):
a.
b.
c. Number of years of.college �mpleted (specify): 3 D Degree(s) obtained (specify):

I have: 0 professional/occupational license(s) (specify):

d. Number of years of graduate school completed (specify): D Degree(s) obtained (specify):

0 vocational training (specify):

e.

a. 0 I' last filed taxes for tax year (specify year):

3. Tax infonnation

0 single D head of household 0 married, filing separate_ly

.

0 married, filing jointly with (specify name):

b. My tax filing status is

c. I file state tax returns in l:J California 0 oth�r (specify state):

d. I claim the following number of exemptions (including myself)'on my taxes(spe_cify):
4. Other party's income. I estimate the gross monthly income (before taxes) of the other party in this case at (specify): $ 1 , 248
This estimate is ba�ed on (explain): Respondent ' s Income and Expe n s e D e c l a ra t i on

(If you need .more space to answer any questions on this form, attach an 8 1/2-by-1 1 -inch sheet of paper and write the
question number before your answer.) Number of pages attached:

I declare under penalty of perjury under the laws of the State of California that the information contained on all pages of this form and
any attachments is true and correct.
Date: OiJ/t3 /w 13
.
,JASON J.IJGARESI
(lYPE OR PRINT NAME)
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Page 1 of4
Fonn Adopt ed for Mandatory Use
Judicial Council of California � INCOME ANO EXPENSE DECLARATION
2100-2113, 355"
2, 3620-3634,
Family Code, §§ 2030-2032.

EsSENTIAl FORMS"'
.W.11btlllra�
FL-150 IRev. January 1, 2007) 4050-4076, 4300-4339
www.courtlnfo.ca.gov
 FL-150
PETITIONER/PLAINTIFF: JASON Ll RES I : N\JMBER:
RESPONDENT/DEFENDANT:GENEL YN LU GARES I 6 - 1 2 - FL - 0 0 9 1 6 4
. .
... OTHER PARENT/CLAIMANT:

tax return to the court hearing. (Black out your social security number on the pay stub and tax return.)
Attach copies of your pay stubs for the last two months and proof of any other Income. Take a copy of your latest federal

5. Income (For average monthly, add up all the income you received in each category in the last 12 months Average .
and divide the total by 12.) Last month .
monthly

b . . Overtime (gross, before taxes)

a. Salary or wages (gross, before taxes) . . . :........................................................................................................................$
.. ...... ..... . 0 873

c. Commissions or bonuses .............................................................................................................. ..... ................................................... $ ·

. . . . . $ 0
....................................... ......................................................... ....................... ......... ....... . . . . . . . . . . . . . .

d. Public assistance (for example: TANF. SSI, GA/GR) 0 currently receiving .. . . . . . . .. . .. . $ 0

0

. e. Spousal support D from this marriage 0 from a different marriage

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

. . . . . . . .. . $ 0 ...... ..... .. .. . . ...... .. ...... ......... ....

g. Pension/retirement fund payments . . . . . . . .. . . .. . . .

f. Partner support D from this domestic partnership D from a different domestic partnership $ 0

h. Social security retirement (not SSI) . .. .. . . :......................................................................................................................... $

. . . . . ...... ....... ..... . . . . . ....... . . . . ...... . . .. . $ 0
. . . . . ...................................................... ......... ...... .. ....

. .... ..... .. . .. 0
i. Disability: D Social security (not SSI) D State disability (SDI) D Private insurance. $ 0
j. Unemployment compensation . . . . :...........................................................................................:.................................... $
......... ...... ... ..... .. 0
k. Workers' compensation . . . . ..
. . ............ ............. ........................ . . . .. . .. . .. .. . . . $ 0
...................................... ............................. .. ..... . .. ..... .. . ...... ...... .. 0
t. Other (military BAO, royalty payments, etc.) (specify) : '................................................................................................... $ 0

. . . . . . . . . . $.
6. Investment income (Attach a schedule showing gross receipts less cash expenses for each piece of property.)
a. Dividends/interest . . . . . . . . __.
L.. _ _....._

.
. . ..................... .................... ......... ..... ...... . . . . .. . .. . . .... ..... ........................... . . . . . . . . . . . . . . . . ................... .... . . . . . . . . . ... .... . ____ _ ___

b. Rental property income . . . . .$ �0

� _..._

. . . . ..
...... ............. ................................................ ....................................... .......... .................................................... _ ___ _
_ ___

c. Trust income .. .. .. . . . . . .. . $
_ "'-
__,
O _..._

. __..a
..._
. . . ........ . . ............. ........ ......................... ........ . . . . . . . ...... ..... . ............. .... .................... ......................................... . ......... ... ___ _
_ ___

d. Other (specify) : . . . . . . . .. . . .
.. .. ......... .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................ . . .............................. ..... .. ..... ................... . . . . .. .. .......... $
.....
___

. . . . .. .. $
0 owner/sole proprietor D business partner D other (specify) :
. 7. Income from self-employment, after business expenses for all businesses .
...... ............... . . . . . . . . . 0
I am the
Number of years in this_ business (specify) :
Name of business (specify) :
Type of business (specify) :
Attach a profit and loss statement for the last two years or a Schedule C from your last federal tax return. Black out your
social security number. If you have more than one business, provide the infonnation above for each of your businesses.

8. D Additional income. I received one-time money (lottery winnings, inheritance, etc.) in the last 1 2 months (specify source and
amount) : 0

9. · D Change in income. My financial situation has changed significantly over the last 1 2 months because (specify) :

10. Deductions Last month

a. Required union dues $
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................. ....................................................................................................................... 0

Medi�I. hospital, dental, and other health insurance premiums (total monthly amount) ............................................................$.___
b. Required retirement payments (not social security, FICA, 401 (k), or IRA) :..........................................................$ ............................... 0
c. _____.
.._

Spousal support that I pay by court order from a different marriage . . . . . . . .. . . . . . . . . . .. . . .. .. .

d. · Child support that I pay for children from other relationships . . . . . . . .. .. . . . .. . . ... . .. .. .. .. .. . . . . . . . $
....
. .. .. . .. .. . . ... . .. ..... .... ... . ... ... . . .. . .. . ... .. ...... ..... .. .. ................. ______,_
L..

. . . . .. . . . . . .. ..
e. $.___ . . . . . . .... . . . . . ..... ..... . . . . . . . . . . . . . . ... . .... . . ........ . .... ................ _____.
.._

f. Partner support that I pay by court order from a different domestic partnership .. $ .......... ..... . . . . . . . . . . ...... . . . . . ..... ......... ........... ______.
.._

g. Necessary job-related expenses not reimbursed by my employer(attach explanation labeled "Question 10g") . $.____ ... . ______,
,,_

]
...._
._
11. Assets Total
a. Cash and checking accounts, savings, credit union, money market, and other deposit accounts . . . $ .... .............. ............. ...... . . ___ 0_ �
39�

c. All other property, 0 real and 0 personal (estimate fair market value minus the debts you owe)
b. Stocks, bonds, and other assets I could easily sell .................. ........................ ...... ..... ........................................................................................
$ ____ __.
O
.._
$
.,.. ___ 3
-+-
.�O�
O�O
�

Fl·150 IRev. Januaty 1. 2007) INCOME AND EXPENSE DECLARATION Page 2 of 4

� t�·;;���noRMS'�
 FL-150
PETITIONER/PLAINTIFF: JASON LL �· .RES I : NUMBER:

•'
RESPONDENT/DEFENOANT:GENELYN LU GARES I 6 - 1 2 - FL - 0 0 9 1 6 4
OTHER PARENT/CLAIMANT:

1 2. The following people live with me:

Name Age How the person is That person's gross Pays some of the
related to me? ex: son monthI income household ex enses?
a. Parent s Yes No
2 , 0 0 0 rxl Yes
Thomas & She i l a �uga r e s i I

b. M i c h a e l Lu g a r e s i 28 Brother 0 No
c. B renda Lug a r e s i 26 Sister 7 0 0 [XI .Yes 0 No
d. Tommy Luga r e s i 22 Brother None D Yes [XI No
e. Jacob Luga re s i 13 Brother None 0 Yes [XI No
1 3. Average monthly expenses [XI Estimated expenses D Actual expenses
0 Proposed needs
10 . . .$
( 1 ) l"Vl
My expen s e s o n l y
1,Q,,1 Rent or D mortgage ................. $ d0
a. Home:
h. Laundry and cleaning .. . .......................... . . . . . . . ...... ______ 1
....,
0
..._

i. Clothes $
.,._ ..._
1_,_
0 ._

. _;
O
..._
........................................................................... _____
If mortgage:
(a) average principal: $ j. Education . . . . $
.,.__

.... .... .
_______ .. ............... ............... ...... .......... .................... _____

(b) average interest:

k. Entertainment, gifts, and vacation $ 0
__..
2 .._

......................._______ I.
............... _____

(2) Rear property taxes

$ 4
...._
0
Auto expenses and transportation

(if not included above) . _______

(3) Homeowner's or renter's insurance (insurance, gas, repairs, bus, etc.) . .... ........ ______

__..._
m. 1 nsurance (l'f1 e, acc1·dent, etc.; do not
. ............................

.... _;0
..._
include auto, home, or health insurance) $
... _.
O
.._
______
(4) Maintenance and repair . . . . . . .. $

.,.. _..;_
...._
o
.... .... . ... . . . . ..... _____

. n. Savings and investments . . . . .. .. . . . $

O
..._
. . .... . . ...... .. . .. .. .... ______
b. HeaIth-care costs not pa1"d by insurance .... $ _____

o. Charitable contributions ......................................$

..__

.. .. .$ ..._
_;0
______

....
... _.
O
.._
c. Child care .. .
... . .... . . .............................. . ... ...... . . . .. .
. . ..... _____ p. Monthly payments listed in item 1 4

.... $ 5
"'-'0
(itemize below in 1 4 and insert total here) $
� ..._
______

d. Groceries and household supplies . _

Other (specify) :
___
. . ...................................................... .$
......... ....
q. ...._______.
O
.._
. ..... .-------�
....
4....:;
..:i 4
....,.
0LI
e. Eating out ............................................................_. . . . . . . . $_____1
""'
0..._

....______
r. TOTAL EXPENSES (a-q) (do not add in $ ____

f. Utilities (gas, electric, water, trash) . . .$

. .. ... . ...... r the amounts in a(1)(a) and (b))
0

g. Telephone, cell phone, and e-mail .

. ..... .. ..... .... $
______ 0
..._ s. Amount of expenses paid by others

1 4. Installment payments and debts not listed above

Paid to For Amount Balance Date of last payment
$ $
$ $
$ $
$ $
$ $ J

$ $
1 5. Attorney fees (This is required if eitherparty is requesting attorney fees.):
a. To date, 1 have paid my attorney this amount for fees and costs (specify) : $ 8 , 300
b. The source ofthis money was (specify) : I n come and · l o a n s f r om fami l y

d. My attorney's hourly rate is (specify) : $

c. I still owe the following fees and costs to my attorney (specify total owed) : $
350

I confirm this fee arrangement.

Date: L(/ Cf f 2-D ( � .

CONSTANCE I. CARPENTER
(TYPE OR PRINT NAME OF ATTORNEY) (SIGNATURE OF ATTORNEY)

INCOME AND EXPENSE DECLARATION Page 3 o(4

 .•
FL-150
PETITIONER/PLAINTIFF: JASON LL � - -RE S I : NUMBER:

!'w·
RESPONDENT/DEFENDANT:GENELYN L U GARES I 6 - 1 2 - FL - 0 0 9 1 6 4
OTHER PARENT/CLAIMANT:

CHILD SUPPORT INFORMATION

(NOTE: Fill out this page o � ly if your case involv':s child suppo rt.)

16. Number of children

a. I have (specify number) : 1 children under the age of 1 8 with the other parent in this case.
b. The children spend percent of their time with me and 1 0 0 percent of their time with the other parent.
(ffyou're not sure about percentage or it has not been agreed on, please describe your parenting schedule here.)

17. Children's health-care expenses

a. D I do IXI I do not have health insurance available to me for the children through my job.
b. Name of insurance company:
c. Address of insurance company:

d. The monthly cost for the children's health insurance is or would be (specify) : $
(Do not include the amount your employer pays.)
'
1 8 . Additional expenses for the children in this case Amount per month
a. Child care so I can work or get job training ............................................: ....................................... __________

b. Children's health care not covered by insurance . . . . .

. . . . . . . . . . . . . . ....... . . ......... . . . . . . . . . . . . . . . . . . . . . ············ ------

c. Travel expenses for visitation . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................................................................

.__________

d. Children's educational or other special needs (specify below) : ··································· ------

19. Specia! hardships. I ask the court to consider the following special financial circumstances
(attach documentation of any item listed here, including court·orders):
Amount per month For how many months?
a. Extraordinary health expenses not included in 1 8b ....................................,.............................______ -------
. b. Major losses not covered by insurance (examples: fire, theft, other
insured loss) ......................................................................................................................................................... ______ -------

c. (1) Expenses for my minor children who are from other relationships and
are living with me ...................................................................:.................................................................______ -------

(2) Names and ages of those children (specify) :

(3) Child support I receive for those children .............................................................................. __________

The expenses listed in a, b and c create an extreme financial hardship because (explain) :

20. Other infonnation I want the court to know concerning support in my case (specify) :

FL·150 (Rev. January 1, 2007) INCOM E AND EXPENSE DECLARATION Page 4 of 4

� tm�1TAi"foRMi'�
 ucs
l
M . M ickela
CONSTANCE L. CARPENTER SBN 68 1 22
CARPENTER & MAYFIELD .F I L.E D
1

2 730 N. First Street

ZO I J FEB I Li P
San Jose, CA. 95 1 1 2
3 2: 2 0
4
Tel: (408) 287- 1 9 1 6
Attorney for JASON LUGARESI
�
,.
.. .;;,... .,,., . ,....,.I
Cwt "

8 SUPERIOR COURT OF CALIFORNIA

9 COUNTY OF SANTA CLARA
10

11 In re the Marriage of: Case No. : 6- 1 2-FL-009 1 64

12 JASON LUGARESI, PETITIONER' S TRIAL BRIEF
13 Petitioner,
14 and
15 GENELYN LUGARE.SI, DATE: February 1 9, 20 1 3
TIME: 9:00 A.:M.
16 Respondent DEPT: 80
17
-
18 Petitioner, JASON LUGARESI, submits the following points and authorities in
19
support of his motion for child custody and visitation:
20
· STATISTICAL FACTS
21 Date of Marriage: May 20, 2007
22 Date of Separation: June 26, 20 1 2
23 Length of Marriage: 5 years I month
24 Children: Julian G. Tuliao Gabutan (aka "Ian"), born April 1 9, 2006 - age 6
25
BRIEF SUMMARY OF THE CASE
26 The parties met in the Philippines. Petitioner is a U.S. citizen and Respondent is a
27 citizen of the Philippines but has a green card. In 2005 the parties began a relationship.
28 In the fall, Petitioner discovered that Respondent had . become pregnant by another man.
-1-

PETITIONER'S TRIAL BRIEF

 Respondent gave birth on .April 1 9, 2006. However, the parties stayed in contact and
2 agreed to resume their relationship in December, 2006. The parties were married just
3 after the child's first birthday on May 20, 2007.
4 The family lived together in the Philippines until November, 2007 when they
5
moved to South Korea where Petitioner was a student. While in South Korea, the child
6 was enrolled in school as "Ian Lugaresi." Petitioner was always listed on school and
7 medical records as his father.
8 The child has always called Petitioner "dad, daddy or papa" and believes Petitioner
9 to be his father. The parties held the child out to teachers, neighbors and friends as
10 Petitioner's father. The child lived with Petitioner until, Respondent removed him from
11 the family home. Respondent has allowed no contact between the minor and Petitioner
12 since that time.
13 Petitioner is 30 years old was working part-time in a bookstore earning $9.25 per
14 hour. The store was closed in January,, 20 1 3 and Petitioner is currently unemployed.
15 Respondent i s 2 5 years old and works 3 2 hours per week earning $9.00 per hour.
16 STATEMENT OF ISSUES
17 The issues for resolution are as follows:
18 1 . Determination of parentage for Petitioner;
19 2. Custody, visitation and time share.
20 3 . Child support;
21 4. Spousal support;
22 5 . Attorney' s fees.
23
SUMMARY OF EXPERT REPORT
24 There is no appraisal or expert report for this hearing. Petitioner may introduce
25 exhibits with certified translation.
26 ///

27 ///

28 ///
- 2 -

PETITIONER' S TRIAL BRIEF

:-,

LIST OF WITNESSES
2 Petitioner intends to call the following witnesses:
3 A. Jason Lugaresi
4 B . Shannon Nightstep - Los Gatos Police Department
5 C. Shelia Lugaresi
6 D. Genelyn Lug.aresi
7 Petitioner reserves the right to call rebuttal witnesses.
8 LEGAL ARGUMENTS
9 I.
10 PETITIONER WILL ESTABLISH
11 THAT HE IS A PRESUMED PARENT
12 Family Code § 76 1 1 provides a number of actions·that can raise the presumption
. . .
13 that "a man i s presumed t� be the natural father" of a child. One o f these is that a person
14 "receives the child into his home and openly holds out the child as his natural child." (FC
15 § 76 1 l (d).)
16 The purpose behind the presumed parent designation "is to distinguish between
17 those fathers who have entered into some familial relationship with the mother and those
18 who have not. In re Sabrina H. ( 1 990) 2 1 7 Cal.App.3d 702, 708, 266 Cal.Rptr. 274.
19 "[T]he premise behind the category of presumed father. is that an individual who has
20 demonstrated a commitment to the child and the child '.s welfare - regardless of whether
21 he is biologically the father - is entitled to the elevated status of presumed fatherhood."
. .
22 In re T.R. (2005) 1 32 Cal.App.4th 1 202, 1 2 1 1 - 1 2 1 2, 34 Cal.Rptr3d 2 1 5 .
23 In determining whether a person has held him or herself out as a.parent, the Courts
24 have focused on the understanding of the relationship by the children. In the seminal
25 case In re Nicholas H. (Nicholas H.U) (2003) 1 1 2 Cal. App. 4th 25 1 , 5 Cai.Rptr.3d 26 1 ,
.
26 Nicholas believed the presumed father was his biological father; in fact the appellate ·
27 court affirmed the trial court order precluding mother frorri telling the c�ild that he was
28 not his presumed father. · The child in In re Salvador M. (2003) 1 1 1 Cal. App.4th 1 335, 4
-3-

PETITIONER'S TRIAL BRIEF

 Cal.Rptr.3d 705 believed the sister who raised him was his mother, and thus she was
2 granted presumed parent status.
3 Finally, in the case of S .Y. v. S.B. (20 1 1 ) 20 1 Cal.App.4th 1 023, 1_34 Cal.Rptr.3d
4 1 , the court found that the Petitioner's extensive involvement in the life of the children
5 entitled her to presumed parent status. The court found that the Plaintiff "not only
6 accepted the rights and obligations of being a parent, she embraced them . . . [and].
7 demonstrated a full commitment to these children." 2 0 1 Cal.App.4th at p. 1 030.
s Here, the evidence will show that Petitioner Jason Lugaresi continually held
9 himself out to be the parent of the child, took him into every home he lived in for over 5
10 years and demonstrated a full commitment to him. He provided financial and emotional
11 support to th� child throughout the marriage. Respondent herself has testified in this
12 Court that she called told Ian to call Jason "Daddy" from the first year of the marriage
. 13 and that he was "� good dad .to my son . . . " Reporter's Transcript of Proceedings,
December 5, 20 1 2 pg 3 2 Hne 2 1 -pg 33 line 1 . The police officer who respondent to the
. .

14

is domestic violence call will testify that the child called Mr. Lugaresi "daddy." Evidence
16 will show that Petitioner appeared on Korean television introducing the,child as his son,
11 introduced and enrolled the child as his son at church, and otherwise held himself out at
. .

is all relevant times as the child ' s Father. During a portion o f the time the parties were ·
·
19 living i n Korea, Respondent stayed i n factory dormitories during the week whil_e the child
20 stayed. home 1 00% in Petitioner's custody.
21 II.
22 A FINDING OF PRESUMED PARENTHOOD WILL
23 NOT VIOLATE THE RIGHTS OF RESPONDENT
24 If the court finds that Petitioner is the presumed father of the minor child, the
2s Respondent' s right under the due process clause of-the Fourteenth Amendment of the
26 United States Constitution to make decision concerning the child will not be violated.
21 In the case of Troxel v. Granville (2000) 530 U.S. 57, 1 4 7 L.Ed.2d 49, 1 20 S.Ct.
2s 2054, the United States Supreme Court held that a fit parent has the right to make
- 4 -

PETITIONER'S TRIAL BRIEF

 decisions conceming·the care, custody and control of the parent' s child versus a non-
2 parent. Thus, in that case, an order directing the parent to grant visitation to a child's
3 _grandparents was declared to be an unconstitutional infringement of parental rights.
. .

4 Here, Petitioner is seeking an order that he be declared the legal parent of the child
5 with all of the rights and responsibilities of a parent. Should the court make this order,
6 the Petitioner will no longer be a "non-parent." Thus, Troxel and its progeny are
7 in_apposite as this case involves the issue of whether Petitioner is a co-parent under
8 California law.
9 Ill.
10 THE COURT SHOULD ORDER
11 A REASONABL.E TIMESHARE TO PETITIONER
12 The evidence will show that up until Mother was arrested and jailed for a domestic
13 violence incident against Father, which incident occurred in front of the child, the parties
14 .
lived together continl:lally with the child for more than 5 years. Father provided a
15 substantial part of the day-to-day care of the child. Father was involved with the
16 children's preschool, feeding, play and all other aspects of parenting. In fact, the conflict
11 that led to the domestic violence was Mother' s objection to Father playing video games
18 with the child when she was not .in the home. The child stayed with Father when Mother
19 was arrested. When Mother was released .from jail, she went with church representatives
20 and took the child; Father cooperated with her request in order not to subject Ian to more
21 conflict. Thereafter Father made efforts to communicate with the church representatives,
22 in particular Randal Mackley. Mr. Mackley was apparently the LDS Chaplin at the jail
23 when Mother was _incarcerated, met Mother there and Mother has been living with him
24 since she was released from j ail. All efforts of Father to have contact with the child have
25 been rebuffed. The Court Ordered both parties to Family Court Services Orientation and
26 Mediation ori October 5 , 20 1 2 and Mother was personally serv.ed with that Order on
21 October 1 7, 20 1 2. Father attended Orientation on October. 22, 20 1 2 but Mother did not
28
- 5
-

PETITIONER'S TRIAL BRIEF

 attend until January 2 5 , 2 0 1 3 . As a result, the parties have not been scheduled for
2 Mediation until late February 20 1 3 - more than 4 months after the Court's Order.
3 The Court should make a finding under Family Code § 3 040 that Father is �}early
4 more likely than Mother to allow frequent and continuing contact with the other parent.
5 The Court should make a finding under Family Code §3044 that Mother has committed
6 Domestic Violence against Father in the presence of the child. The Court should find tha
7 under these code sections, Father should have priority to custody over Mother.
8 There is no evidence that Father should not have time with the child. Mother has
9 prevented the Court from obtaining any evidence about the level of domestic violence or
10 other issues that may b e i n the current residence where she i s l iving with the child.
11 Father understands that the period from June to the trial on the issues of Parentage
12 may have been extremely difficult and confusing for Ian. Father has no' idea what Mothe
13 has told the child or h�w his absence has been explained to the 6-year-old child. The
14 letter from the school presented by Mother at the prima facia hearing, indicates that Ian
15 was very confused and presenting to his teachers fanciful stories to _explain to them and
16 himself what happened to his daddy. For this reason, Father would agree that initial i;nay
11 need to be with a mental health professional to assist Father and the son in processing the
1s long period they have been kept apart. .
19

20 I\T.
21 · THE COURT SHOULD DEFER AN ORDER
22 OF CHILD SUPPORT AT THIS TIME
23 The current circumstances of the parties are that Petitioner has no income and he
24 has no time with the minor child. Respondent is employed. Given these circumstances,
25 the court should not order child support to be paid to Respondent at this time.
.
26 Should there be a chan·ge of circumstances, the parties should stipulate to· guideline
-21 support or file a request for order with the court if they cannot agree.
28
-6-

PETITIONER'S TRIAL BRIEF

 v�
2 THE COURT SHOULD AWARD SPOUSAL
3 SUPPORT TO PETITIONER
4 The court should award spousal support to Petitioner based on the factors stated in
5 Family Code § 4320. The analysis is as follows:
6 a. The marketable skills of the supported party are that he is fluent in Korean,
7 Japanese and Tagalog. He is currently seeking employment as an editor or translator, in
8 addition to j obs outside his field of expertise; The supported party's earning capacity is
9 not impaired by periods of unemployment due to domestic duties.
10 b . The supported party did not contribute to the attainment o f an education,
11 training, career position or license of the other party.
12 c. The Respondent has the ability to pay spousal support. Her expenses are
13 minimal and she is employed.
14 d. The needs of each party based on the standard of living of the marriage are
15 minimal. The parties resided in Petitioner's family home and had no house payments.
16 This i s true today as neither party has. housing costs.
17 · e . There are minimal assets of the marriage. Neither party has any separate
18 property. The only obligations o f the marriage i s payments to Petitioner's parents for
19 loans.
20 f. The length of the marriage was 5 years one month.
21 g. The Petitioner i s able to engage in gainful employment without interfering with
22 the needs of the child.
23 h. Petitioner is 30 years old. He is in good health. The Respondent is 25 years old
24 and apparently is in good health.
25
i. The.re is documented evidence of domestic violence between the parties.
26 Respondent was arrested for domestic violence against Petitioner.
27 j . Respondent would be able to deduct court-ordered spousal support paid to
· 28 Petitioner.
-7-

PETITIONER'S TRIAL BRIEF

f
 k. Petitioner will be at a hardship if he is denied spousal support. Petitioner needs
2 spousal support at least until such time as he can become self-supporting.
3 I . Petitioner should be awarded spousal support until such time as he can become
4· self-supporting.
5 m. Neither party has any criminal convictions for domestic violence.
6 n. The court should consider these factors in making.a spousal support award
7 which is just and reasonable.
8 For these reasons, spousal support should be awarded to Petitioner.
9

10 VI.
II THE COURT SHOULD AWARD ATTORNEY'S
12 FEES AND COSTS TO PETITIONER
13 California Family Code § 2032 states:
14 "(a) The court may make an award of attorney's fees and costs under Section
15 2030 or 203 1 where the making of the - award, and the amount of the award,
are just and reasonable under the relative circumstances of the respective
16
parties.
17 (b) In determining what is just and reasonable under the relative ,
circumstances, the court shall take into consideration the need for the award
18
· to enable each party, to the extent practical, to have sufficient financial ·

19 resources to present the party's case adequately, taking into consideration, to

20 the extent relevant, the circumstances of the respective parties, described in
Section 4320. The fact that the party requesting an award of attorney's fees
21
and costs has resources from which the party could pay the party's own
22 attorney's fees and costs is not itself a bar to an order that the other party pay
part or all of the fees and costs requested. Financial resources are only one
23
factor for the court to consider in determining how to apportion the overall
24 cost of the l itigation equitably between the parties under their relative
·

25 circumstances."

26 Under this statute, the court should award fees and costs when the circumstances
27
are "just and reasonable." The court should consider whether the parties have the
28
financial resources to present each party's case adequately.
- 8 -

PETITIONER'S TRIAL BRIEF

f
 Here, Petitioner has no income. Respondent is employed and has retained counsel.
.
I

2 Respondent' s counsel has conducted an aggressive approach �o this litigation with ·

3 excessive requests for documents in addition to deposing Petitioner. In spite of this
4 Court's finding at a hearing on December 5 , 20 1 3 that " . . . I am going to find that Ms.
5 Carpenter has laid down the prima facie showing that the Court is reasonably likely to
6 find that he is a presumed father at a subsequent hearing;" Respondent has continued to
7
refuse to all.ow any contact between the child and Father, and has proceeded to Trial on
8 the issue. · . . . " Reporter's Transcript of Proceedings, December 5, 20 1 2 pg 3 6 line 1 1 -
9 1 4. Petitioner has had to retain counsel to litigate the issue of whether he can simply
10 ·visit his son who lived with him for five years.
11
Under all o f these circumstances, it is just ahd· reasonable to award Petitioner some
12 attorney's fees.
13
VII.
14
CONCLUSION
15 The Court should order that Jason Lugaiesi is the father of the minor child Julian
16
G. Tuliao Gabutan, who is also known as Ian Lugaresi . . The Court should order
17 immediate steps to normalize and maximize contact between Father and Son.
. .

18 In addition, the court should award spousal support in an amount according to the
19
applicable guideline and statutory factors. Finally, the court should a:ward attorney's
20 fees and costs to Petitioner in an amount that is just and reasonable.
21

22
Respectfully submitted,

z.ji
23

24 DATED: '-f j2QJ I �

25 CONSTANCE L. CARPENTER,
Attorney- for JASON LUGARESI
26

27

28
-9-

PETITIONER'S TRIAL BRIEF

 Supe rior Court Of Ca l i fornia
M inute Orde r - FAMILY CASE STATUS / RESOLUTION CONFERENCE
HONORABLE MARGARET S . JOHNSON

Calendar For : 02/06/13 Page : 1

Reporter : LARIOS / PAAROl"I' " Cle rk : I.iSil Piagent Bai l i f f : Dap�ty �BA

Dept : Dept a o Minh Nauv�n

/zCi.-h C kee, ft'Aj

21 . 0 1 : 3 1 PM Cas e : 6 - 1 2 - FL - 0 0 9 1 6 4 Jason Lugare s i and Gene l yn Lugare s i

Type : D i s solution Of Marriage /With Minor Date F i l e d : 1 0 / 0 5 / 1 2
SubType :

Event : FL Status Conf e rence Re s u l t Code :

Text : new petn f i l ed - al ; re sponse f i led 1 0 / 3 1 / 1 2 - a l

PTR - 0 0 0 1 Jason Lugar e s i

Atty : Cons tance L . Carpenter
RS P - 0 0 0 1 Gene lyn Lugare s i
Atty : Jason L . Pintar lQ 'f fA. 11. • .
V '1 ,/) ll ti.re
;t W (� ( Vef.(7
MNR - 0 0 0 1 04/19/06

������ ������ LANGUAGE INTERPRETER FOR

� �
( ) CERTIFIED ( ) SWORN

\(J )P
PETITIONER ( ) PRESENT ( NOT PRESENT COUNSEL FOR PETITIONER (. PRESENT ) NOT PRESENT
RES PONDENT ( ) PRESENT ( NOT PRESENT COUNSEL FOR RES PONDENT ! PRESENT ) NOT PRESENT
( ) OTHERS PRESENT
�����
( ) OFF CALENDAR :
Pfl
(
��
) NO APPEARANCE ( ) COURT ( ) ST I PULATION ( ) REQUEST OF COUNSEL

S(
� �- l 0- \ 2 @ ��9'.l/
( ) APPEARANCE BY PHONE BY ( ) TITIONER ( ) RES PONDENT ( ) COUNSEL FO PTR ( ) RESP

�������­
( MATTER IS CONTINUED TO AT FOR
( ) RETURN ( ) 2ND ( ) 3 RD ( ) CASE STATUS CONFERENCE ( ) OTHER HEARING

�������
( ) CALENDAR TO SEND NOTICE OF STATUS CONFERENCE HEARING
( ) VACATE HEARING ON

�������- ���� ������­

( ) REFERRED TO CIVIL MASTER TRIAL , DEPT FOR TRIAL SETTING ON �������

�������- �����
( ) SETTLEMENT CONFERENCE DATE DEPT AT
( ) TRIAL DATE ( S ) D EPT AT�����

�� ��� ����­
( ) TIME EST IMATE ) I SSUES FOR TR IAL
( ) PETITIONER ( ) RE S PONDENT ARE TO SERVE PRELIMINARY DECLARATIONS OF DIS CLOSURE IN DAYS
SETTLEMENT OFFICER CONFERENCE/ EARLY NEUTRAL EVALUATION/ARBI TRATION/OTHER
(V\ coUNSEL/ PARTIES
((}
REFERRED FOR SETTLEMENT OFFICER CONFERENCE
PARTIES REFERRED TO EARLY NEUTRAL EVALUATION
( ) COUNSEL/ PARTIES REFERRED TO PERSONAL PROPERTY ARBITRATION
( ) PARTIES REFERRED TO FAMILY COURT SERVICES FOR ORIENTATION AND MEDIATION
( ) PARTIES REFERRED TO SELF HELP CENTER ( CLINIC )
 I •
ATIORNEY OR PARTY WITHOUT ATIORNEY: FOR COURT USE ONLY

Jason L. Pin t a r , E sq . ( SBN 2 1 2 4 52 )

2 0 2 1 The Alameda , S u i t e 3 1 0
San Jos e , CA 9 5 1 2 6

TELEPHONE NO.: (408) 9 8 3 -0500 I'

ATIORNEY FOR: Respondent

I ZOil JAN 25 .; p I:
SUPERIOR COURT OF CALIFORNIA, COU NTY OF SANTA CLARA (,.
STREET ADDRESS: 605 W e s t El Camino Rea l
MAILING ADDRESS: 6 0 5 W e s t El Camino Real
CITY AND ZIP CODE: Sunnyva l e , 94087
BRANCH NAME: Sunnyva l e

PETITIONER: Luga r e s i , Jason CASE NUMBER:

RESPONDENT: Luga re s i , Ge n e l yn 612 FL 0 0 9 1 6 4

Ref. No. or File No.:

PROOF OF S ERVICE

1. I am over 1 8 years of age and not a party to this action.

2. Received by County Process Service, Inc. on 1 1221201 3 at 11 :23 am to be served on Sheila B. Lugaresl, 14299 Mulberry
Ave, Los Gatos, CA 95032.

3. I served the following documents Civil Subpoena (Duces Tecum) for Personal Appearance and Production of
Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration

I personally served the following person at the address, date and time stated: Sheila B. Lugaresi, 1 4299 Mulberry Ave, Los
Gatos, CA 95032,

4. Date and Time of service: 1 /2 2 / 2 0 1 3 at 8 : 1 6 pm

5. · I am an employee of a registered California process server.

6. My name, address, telephone number. and, if applicable, county of registration and number are:
Name: Joe B l y
Firm: County Pro c e s s S e r v i c e , Inc .
Address: 3 1 E . J u l i a n S t re e t , S a n Jos e , CA 9 5 1 1 2
Telephone number: { 4 0 8 ) 2 9 7 - 60 7 0
Registration Number: 9 7 9
•County: Santa C l a ra
The fee for the service was: $ 7 0 . oo
7. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:

Joe Bly

(TYPE OR PRINT NAME OF PERSON WHO SERVED THE PAPERS)

Pago 1 of 1

PROOF OF SERVICE Job Number COP-201 3000961

 ,�· - ,.;; \

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and Bddta3S}: FOR COURT USE ONLY
JASON L . P I N TAR i E S Q . ( #2 1 2 4 5 2 )
Law O f f i c e s o f Ja s o n L . P i n t a r
2 0 2 1 T h e A l ameda , S u i t e # 3 1 0
San Jo s e , CA 9 5 1 2 6
TELEPHONE NO.: ( 4 0 8 ). 9 8 3 - 0 5 0 0 FAX NO. (Op1ional)· ( 4 0 8 ) 9 8 3 - 1 0 0 9
E-MAIL ADDRESS (Optionel}:
ATTORNEY FOR (Ne1716J: GENETIYN L U GARE S I , R e s ondent
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 6 0 5 w � : El C a m i n o Rea l
MA1L1NGAooREss: 6 0 5 W . · E l C a m i n o Rea l
c1rv ANo z1P coDE: Sun nyva l e , CA 9 4 0 8 7
eRANcH NAME: Fami l : Law D i v i s i o n
PETITIONER/PLAINTIFF: JASON LU GARES I CASE NUMBER: 'O
I 6 - 1 2 - FL - 0 0 9 1 6 4
RESPONDENT/DEFENDANT: G EN ELYN L U GARES I
(If eppDcable, provmJ:

R_
TY _
: _____________________-i HEAR ING DATE:
...__ 2./�/ J
E_ PA
R__ EN
R_ A_
" ] I P1 �
O
_T_
H_ __ _T_
IP
__

fJO
HEARING TIME: '
PROOF OF SERVICE BY MAIL
DEPT.:

NOTICE: To serve temporary restraining orders you must use personal service (see fonn FL-330).
i
1 . I am at least 1 8 years of ag�. not a party to this action, and I am a resident of or employed in the county where the mailing took
place.
2. My residence or business address is:
2 0 2 1 The Al amed* , S u i t e #310
San Jo s e , CA 9 5 1 2 6
f
3. I served a copy of the following documents (specify) :
Civil Subpoena Duces Tecum f o r Thom a s J. Lugare s i ;
Not i c e t o consumer o r Emp l o ye e a n d Obj e c t i on for Subpoena Duces Tecum di rected t o
Thomas J. Lug a r e s i :

by enclosing them in an envelope AND

a. D depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.
b. 0 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 this business's practice for collecting and processing correspondence for
mailing. On the same
I
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.
J

4. The envelope was addressed and mailed as follows:

a. Name of person servedi Con s t a n c e C a rp e nt e r
b . Address: 7 3 0 N . F i r s t S t r e e t
·

S a n Jo s e , CA 95112
c. Date mailed: 1 I 2 2 / 2 0 1 3
d. Place of mailing (city and state): S a n Jo s e , Cali fornia

5. D I served a request to modify

I
a child custody, visitation, or child support judgment or permanent order which included an
address verification declaration.
I
(Declaration Regarding Address Verification-Postjudgment Request to Modify a Child
Custody, Visitation, or (Jhild Support Order (form FL-334) may be used for this purpose.) ·

6. I declare under penalty of perjury

I
under the laws of the State of California that the foregoing is true and correct.
I

Date: 1 / 2 2 / 2 0 1 3
ANDREW K CAI.VERT
{TYPE OR PR!NT NAME)
Page 1 ol 1

g Muri� Ota•�
Form Approved for Optional Use . PROOF OF SERVICE BY MAIL Code of Civil Procedure. §§ 1013, 10138

� EU�NTIAl fORMS'M
Judicial Council ol California www.courts.ca.gov
FL-335 [Rav. January 1, 2012)
LU GARE S I
 FL-335
ATIORNEY OR PARTY WITHOUT ATIORNEY (Name. Stale Bar number, end tlddte$$}; FOR COURT USE ONLY
JASON L . P I NTAR ; ESQ . ( #2 12 4 52 )
Law Of f i c e s o f �a s o n L . P i n t a r
2 0 2 1 The Al amed ? , S u i t e # 3 1 0
San Jose , CA 9 5 1 2 6
;
TELEPHONE NO.: ( 4 Q 8 ) 9 8 3 - Q 5 Q Q FAX NO. {Optional): ( 4 Q 8 ) 9 8 3 - 1 Q Q 9
E-MAIL ADDRESS (0fl(i0n8!}: 1 \ ] Ji\N 2 2 P 2: 0 5
ATIORNEY FOR (NemeJ: GENE L YN LUGARES I ,
R e s o ndent
SUPERIOR COURT OF CALIFORNIA, COU NTY OF SANTA CLARA

MA1L1NG AD0Ress: 6 0 5 W . · E l Camino Rea l

sTREET ADDRess: 6 0 5 W . El C amino Rea l

c1TY ANDz1P coDe: Sunnyva l e , CA 9 4 0 8 7

eRANcH NAME: Fami l · Law D i v i s i o n
PETITIONER/PLAINTIFF: JASON LU GARE S I CASE NUMBER:
I
I 6 - 1 2 - FL - 0 0 9 1 6 4
RESPONDENTfDEFENDANT: GENELYN LUGARES I
I (II applicable, provide}:

OTHER PARENT/PARTY: � HEARING DATE:

1--�����--t
I HEARING TIME:
PROOF OF SERVICE BY MAIL
DEPT.:

NOTICE: To serve temporary restraining orders you must use personal service (see fonn FL-330).
I
1. I am at least 1 8 years of age, not a party to this action, and I a m a resident of or employed i n the county where the mailing took
place.
2. My residence or business address is:
2 0 2 1 The Al amed� , S u i t e # 3 1 0
San Jo se , CA 9 5 � 2 6
I

3. I served a copy of the follovJing documents (specify) :

C i v i l SubpoenaDuces T ecum f o r S he i l a B . Lugar e s i ;
Not i ce t o consumer ; o r Emp l o ye e and Obj e c t i on for Subpoena Duces T e cum d i r e c t ed t o
She i l a B. Lugares i :

a. D depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.
by enclosing them in an en�elope AND

b. D 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 this business's practice for collecting and processing eorrespondence for
mailing. On the sartie day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of
business with the Wnited States Postal Service in a sealed envelope with postage fully prepaid.
4. The envelope was addressed and mailed as follows:
a. Name of person served:; C o n s t a n c e Carpenter
b. Address: 7 3 0 N . F i r s t S t r e e t

c. Date mailed: 1 I 2 2 I 2 0 1 3
S a n Jo s � , C A 9 5 1 1 2

d. Place of mailing (city and state): S a n Jo s e , C a l i f o r n i a

5 . D I served a request to modify
I
a child custody, visitation, o r child support judgment o r permanent order which included a n
•

address verification declaration. (Declaration Regarding Address Verification-Postjudgment Request to Modify a Child
Custody, Visitation, or Child Support Order (form FL-334) may be used for this purpose.)
!

6. I declare under penalty of p7rjury under the laws of the State of California that the foregoing is true and correct.
!
i
Date: 1 I 2 2 I 2 0 1 3
ANDREW K CAI.VERT
I

(TYPE OR PR !NT NAME)

i
i
Page 1 01 1

� Marlin Dton�
Fenn Approved for Optional UH PROOF OF SERVICE BY MAIL Code of Civil Procadure. §§ 1013, 1013&

l!:!J ESSE.NTIAl fORMS'"

Judicial Council of California www.courls.ca.gov

;
FL-335 (Rov. January 1. 2012)
LUGARES I
 FL-150
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, SI number. and address) : FOR COURT USE ONLY
JASON L . P I NTA R , ES Q . : ( #2 124 5 2 )
Law O f f i ce s o f Ja s o n L . P i n t a r
2 0 2 1 T h e Al ameda , S u i t e # 3 1 0 - · · •·

TELEPHO�E NO.: ( 4 0 8 ) 9 8 3 - Q 5 Q Q
S a n Jos e , CA 9 5 1 2 6

·F·\ LE'D
( 4 Q8 ) 983-10Q9
E-MAIL ADDRESS (Opllonal) :
ATTORNEY FORJNeme/: GENELYN LUGARES I , Re spondent
inn �M ' C\ P 2: s s
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA .
sTREETADoRess: 6 0 5 W . E l Camino Rea l
MA1L1NG ADDREss: 6 0 5 W . E l Cami n o Rea l
c1TY ANo z1P cooe: Sunnyva l e , CA 9 4 0 8 7
eRANCH NAMe: Farni l y Law D i v i s io n
PETITIONER/PLAINTIFF: JASON L U GARE S I
RESPONDENT/DEFENDANT:GENELYN LU GARES I
OTHER PARENT/CLAIMANT:
INCOME AND EXPENSE DECLARATION CASE NUMBER:
6 - 1 2 - FL- 0 0 9 1 6 4
1. Employment (Give information on your currentjob or. if you're unemployed, your most recent job.)
Attach copies a. Employer:stonebrook H e a l th & Rehab i l i t a t ion

Employer's phone number: ( 4 O 8 ) 3 5 6 - 9 1 5 1

of your pay b. Employer's address: 3 5 0 De S o to D r i ve , Los Gato s , · C A. 9 5 0 3 2
stubs for last c.
d. Occupation: Recept i on i s t / Med . Records A.s s i s ta n t
Date job started: 7 / 2 6 I 2 O 1 2
two months
(black out e.
social f. If unemployed, date job ended:

D per month D per week liJ per hour.

g. I work about 3 2 hours per week.
I get paid $ 9 O O
security
numbers). h. gross (before taxes)
(If you have m ore than one job, attach an 8 1 12-by-1 1 -inch sheet of paper and list the same i nformation as above for your other
•

jobs. Write "Question 1 · Other Jobs" at the top.)

2. Age and education

b. I have completed high school or the equivalent: Lil Yes D No If no, highest grade completed (specify):
a. My age is (specify): 2 5

c. Number of years of college completed (specify): 2 D Degree(s) obtained (specify):

d. Number of years of graduate school completed (specify): D Degree(s) obtained (specify):

D vocational training (specify):

e. I have: D professional/occupational license(s) (specify):

3. Tax information
a. D I last filed taxes for tax year (sp�cify year):
b. My tax filing status is D single D head of household D married, filing separately
D married, filing jointly with (specify name):
c. I file state tax returns in D California D other (specify state):
d. I claim the following number of exemptions (including myself) on my taxes(specify):
4. Other party's income. I estimate the gross monthly income (before taxes) of the other party in this case at (specify): $
This estimate is based on (explain):

(If you need more space to answer any q uestions on this form, attach an 8 1 /2-by-1 1 -inch sheet of paper and write the
question number before your answer.) Number of pages attached:

I declare under penalty of perjury under the laws of the State of California that the information contained on all pages of this form and
any attachments is true and correct.

'-/N
Date: JG\ JJc:N f'J.
TlAt111Q �
� �����-+-J�e---����
Pego 1 of 4
Form Adopled for Mandalety Use
Judicial Council ol California � INCOME AND EXPENSE DECLA Family Code, §§ 2030-2032,
2100-2113, 35S'2, 3620-3634.
- u!ENTIAL
W
Morlf'A Dtao�
FL-150 (Rev. January 1. 2007] 4050-4076, 4300-4339
[< fORMS"' www.ooutlinto.ce.gov
LUGARE S I
 PETITIONER/PLAINTIFF: JASON ],
FL-150
\RES I .SE NUMBER:
RESPONDENTIDEFENDANT:GEN ELYN LU GAR E S I 6 - 1 2 - FL - 0 0 9 1 6 4
OTHER PARENT/CLAIMANT:

tax return to the court hearing. (Black out your social security number on the pay stub and tax return.)
Attach copies of your pay stubs for the last two months and proof of any' other income. Take a copy of your latest federal

5. Income (For average monthly, add up all the income you received in each category in the last 12 months Average

. . . .. -.................$ ""'__..1..
l+ 6
,...;
.4
._ ;
and divide the total by 12.) Last month monthly
a. Salary or wages (gross, before taxes) .. . . .
.............. ...... ........... . . . . ........ ·-"'
2�5L..
7
L...
.. . . ............. .................................................. __ J-+
___. ... .....
1....
b. Overtime (gross, before taxes) . . . . . . . . $
...
_ __ _ _ _
..................................... .......................... ..... . . . . ..... . . .................. ................................................. . ------
c. Commissions or bonuses ........................................................................................................................................................................ ______ ------
d. Public assistance (for example: TANF, SSI, GA/GR) D currently receiving . . . . ______ . . ...... . . . . . . . . . . . . . . . ................. ------
e. Spousal support D from this marriage D from a different marriage . -... ........ . .. ---- --
.... . . . . . . . . . . . . . . ...... . . . . . ______

. . . . .
f. Partner support D from this domestic partnership D from a different domestic partnership $ .._ ._ ____ ______

g. Pension/retirement fund payments . .. .. . ... . ........... . ... .. . . .. ______

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

i. Disabii ity: D Socia I security (not SSI) 0 State disability (SDI) D Private insur�nce. ..._ $_____
h. Social security retirement (not SSI) . . . . . .. . .. . .. . . . .. ______
............................................................................. . . ..... ...... . . ...... . . . . ............ . . ....... . . . . . ------

-----
.
j. Unemployment compensation . . . .. . . ..._ __ _ _ _
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...................... . . . . ........ . ......... ................................................. ................... ______

k. Workers' compensation ............................................................................................................................................................................ ______ ------

1 . Other (military BAO, royalty payments. etc.) (specify) : .......................................................... ...............................................______ ------

. . .. . . ... . . . . . . . . $.
6. Investment income (Attach a schedule showing gross receipts less cash expenses for each piece of property.)
a. Dividends/interest . . . ------

b. Rental property income ..............................................................................................................................................................................$

...______
........... ....... . . . . ......... ............................. .......................................... ........ . . . . ............ .......... . . . . . . . . . ....... . . . . . . . . . . . . ______

------

c. Trust income . . .. .
......... . . . . .
. ............................................................ ............................. .. .. . . . . .
. . . ............ . ............ . . ...................... .......................... .. ______ ______

d. Other (specify) : .......................................................... ..... . .. . ... .

... . . .. .. . .
. ..... . . . .
. . . ..... ............................................................................... . . ...... . . $
..._
____ _

7. Income from self-employment, after business expenses for all businesses .

..................... .................
______ ------
1am the D owner/sole proprietor D business partner D other (specify) :
Number of years in this business (specify) :
Name of business (specify) :
Type of business (specify) ·:
Attach a profit and loss statement for the last two years or a Schedule C from your last federal tax return. Black out your
social security number. If you have m ore than one business, provide the infonnatlon above for each of your businesses.

8. D Additional Income. I received one-time money (lottery winnings, inheritance, etc.) in the last 1 2 months (specify source and
amount) :
9. · D Change in Income. My financial situation has changed significantly over the last 1 2 months because (specify) :

1 0. Deductions Last month

a. Required union dues _ _ _ _ _ _
......................................................................................................................................................................................................................

Medical, hospital, dental, and other health insurance premiums (total monthly amount) .
b. Required retirement payments (not social security, FICA, 401 (k), or IRA) ..........................................................................................._____ _

c. . . . .. . . .. . . . . .,._ _ _ _ __ . . . ...... .. . . . . . . . . ... ... .. . . . ........ . ..

d. Child support that I pay for children from other relationships ............................................................................................................................_____ _

e. Spousal support that I pay by court order from a different marriage . . .. . . . .,.__ _ _ __
.................................................. ................... ............ . . . . ........ .... .

$.______
f. Partner support that I pay by court order from a different domestic partnership . . . .,._
_ _ _ __ .................................. ...... ........ ...........................

g. Necessary job-related expenses not reimbursed by my employer(attach explanation labeled "Question 10g") .....

646
11. Assets
a. Cash and checking accounts, savings, credit union. money market. and other deposit accounts
b. Stocks, bonds, and other assets I could easily sell . . .. . . . . . .. .. . . .. . . . . . ......... ........ . . . . . ......... ........... . . . .. . . ...... . . . . . . ......... ..... ........... . . ........ ............ .... .... . . ..._
_ ____

c. All other property, D real and D personal (estimate fair marl<et value minus the debts you owe)

fWl M<rr1fftllt••\
FL·150 [Rev. January 1. 2007) INCOME AND EXPENSE DECLARATION Page 2 of 4

� fsSEHTlAl FIJRMS"' LUGARE S I

 PETITIONER/PLAINTIFF: JASON ].
FL-150
;RES I J SE NUMBER:
RESPONOENT/DEFENDANT:G ENEL YN LU GARES I 6 - 1 2 - FL - 0 0 9 1 6 4
OTHER PARENT/CLAIMANT:
1 2 . The following people live with me:
Name Age How the person is That person's gross Pays some of the

0 U Yes UU No
related to me? fex: son) monthlv income household expenses?

IXJ Yes D No
a. J u l i a n Gene s i s Gabutan Son None

1XJ Yes c::J No

b. Randol M a c k l e y Adult Friend

D Yes D No
c. Janet Mac k l e y Adult Friend

D Yes D No
d.
e.
1 3. Average monthly expenses D Estimated expenses D Actual expenses 0 Proposed needs
.. . $._______
(1) D Rent or 0 mortgage . .
a. Home:
h. Laundry and cleaning . . . . .. .

$
.______..
1....
. . ........ . . . . . . . . . . ...... .. . . . . . . .

...._
_ _ ____
. . .............

i. Clothes 0._..
0
.._

$._______ . .. _
s______
............................................................................

If mortgage:
(a) average principal: j. Education . . . .. . . . l_
5�0
-

... . . s __.
J_,.
O
L.l
O
_,_
.... .................. . . ............... ..................... .. .

(b) average interest:

k. Entertainment, gifts, and vacation ..... ....
. .. .._ ____

(2) Real property taxes ....................................._______

I. Auto expenses and transportation ·

(3)
. ..
Homeowner's or renter's insurance (insurance, gas, repairs, bus, etc.)
(if not included above) ....____

include auto, home, or health insurance) $._______

m. 1 nsurance (l'f1 e, acc1·d ent, etc.: d o not
.... ... . ...................

(4) Maintenance and repair ............................. ..._

_ _____

n. Savings and investments . ... .. .. .. _______

......................................$
_______
........ . . . . . ......... . . .. _

b. Health-care costs not paid by insurance . .. ..._______ .

o. Charitable contributions 1�
1_ 0
-

c. Child care .........................................................................._

. _ _____ p. Monthly payments listed in item 1 4
(itemize below in 14 and insert total here) ------
d. Groceries and household supplies .............. ..._______ q. :
Other (specify) ························································----

5
�1�5
""-1
e. Eating out . . .. .. ....................... .... .............. ........._______ ,----.
... ..... . . . . . .

r. TOTAL EXPENSES (a-q) (do not add in $ _____

f. Utilities (gas, electric, water, trash) the amounts in a(1)(a) and (b))

g. Telephone, cell phone, and e-mail .............. $

...._____7
,__._
5 s. Amount of expenses paid by others

1 4. Installment payments and debts not l isted above

Paid to For Amount Balance Date of last payment
$ $
$ $
$ $
$ $
$ $
$ $
1 5. Attorney fees (This is required if either party is requesting attorney fees.):
a. To date, I have paid my attorney this amount for fees and costs (specify) : $
b. The source of this money was (specify) :
c. I still owe the following .fees and costs to my attorney (specify total ow_ed) : $
d. My attorney's hourly rate is (specify) : $
I confirm this fee arrangement.

Date:

(TYPE OR PRINT NAME OF ATTORNEY) (SIGNATURE OF ATTORNEY)

fD} Marti• Oran�

FL-150 (Rev. JanuatY 1, 2007) INCOME ANO EXPENSE DECLARATION Page 3 of 4

� EmNTW. fORM�N LU GARE S I

 CO. . FILE DEPT. CLOCK NUMBER
09H 001400 6901 1 9 0092562003 1
Earn i�g� Statement
046- 0001

350 DE SOTO QR .
STONEBROOK HEALTH & REHABIUTATfON Period Beginning: 1 0/1 6/201 2
.

LOS GATOS, CA 95032-2402

Period Ending: 1 0/3 1 /20 1 2
·Pay Date: 1 1 /09/20.1 2
_

Taxable Marital Status: Single GENEL YN TULIAO LUGARESI

1
Exemptions/Allow�nces:
LOS GATOS C A 95032
205 B ELG.ATOS . RD
1
·

Federal:
CA:

"
hours--., ._, . thls.
'. . . �eriod ,,
,
,,... .,, .�···
/ ,.-9·.,000Q'""\ �3 i30� : � " ';749 . 70
Earnings ............ . rate· ·. :... . year to date .... "', '. t·" 'I
.. .

' ,. )
.
.

;:,.• ' JI ., : : ;;

·· \ ./ 4 . o5
,.. ...... . ' l .. . ... ,. : .... ..,.. ,,.. l
- ••
: .·

; ; : . �lo·" 9 . �5
Regular 3_ , 38� ; 1?0 " .." -.. : ! � :-. : : .: I .;.

).
t t .· ' :o .: ·l .
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. •�. � ( : .' '' #'
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: :' • : '.'> t .."' , ...,... #
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..
Overtime : :1 3 . 5000 : :: : ,r· t .l'

@.f.#,:!tJl%vtt@m=mw�rwn:mn:w�1$!.ttl� (..,.
'' •

'· ··'
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. I : t

3 , 393, , 45 ·.
.
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> I

. Feq�ral Income Tax

Deductions S�atlJtqfy,,
- 57 . 15 1 84 . 44

� 1 :0�. 9 3
Social Security tax - 3 1 . 65 1 42 '. 52

CA Staie rn_come Tax � s . fp .. 7 . 12 .

Medicar� Tax: 49 . 2 1

CA S\J°ltSDI Tax ;7 . 53 33" . 93

. . .·
.

Your fed.era! taxable WClges this period are· $75 3 . 75

IN 1N .
Time Card Detal1 ·
DATE OlJT OUT TOTAL

9:S1AM 2:3'iPM
. .

Tue · 1 0116 9:seAM · 2:·1sPM 4 . 30

Thu 1 O/i B ·a, 1 0

We'd 1 0/17 4 . io
9:02#-'1 3:0BPM
Fri 1 0/19 9:59AM 2:27PM 4 . 50

_8:00PM 6, oo
.
Sat 1 0!20 7;�6AM 1 2:S6PM 1 :22PM.
_ 4;oiPM . 6 . 20 ·
Mon 1 o,22 . . 1 1 :34AM 3:29PM 3:51 PM
Tue 1 0/23 9:59AM 2:·1 9.P.M . . .· 4 , 30

ihu _j_i;>f25 . :-�t59AM_,�?:47,gM .

Wed 1·0124 . 1 1 :S4AM · 4:05.PM . 4.:29PM 6:02P� 7 ; 70

Sat'· 1 0'/27/' .-,1:ooAM,.....-at:3bPM '. l:OOPM . ..."'. /...�/ ......... \'.,..�). �t ,,,.....
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5 : 80 .
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3:33PM 8 . 1 0
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T\.le. 1 0/30 \ 9A7AM ·'4: 0 1 PM /

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6 . 20
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'" ..1 0'31\ ' . ._9;59��.
Wed' 1 :5 ! 2:1 3PM 6: 1 1 PM 7 : 90
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.. ....:.. ..,, "'" .�. . ..
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 CO. FILE DEPT. CLOCK NUMBER
09H 001400 6901 1 9 0092378642
Earn i ng� Statement-
042 -0001

350 DE SOTO DA
STONEBROOK HEAL TH & REHABILITATION Period Beginning: 1 0/01/2012

LOS GATOS, CA 95032�2402

Period Ending: 1 0/1 5/2012
Pay Date: 1 0/25/20 1 2

Taxable Marital Status: Single GENEL Y N TULIAO LUGARESI

Exemptions/Allowances: 205 .
BEL GATOS RD
Federal: 1
LOS .G ATOS CA 95032
CA; 1

.
:9·,.rio.OO"' "\
. \ /' r··:�. \· ; ;. ····�· ·· -�! �
. .,
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Earnings ,.... . .._. rat!). .,, "ours.,,, ,. .,Jhls� pericid .. y£1ar to . date . •"' . ...... . " ""' ..· . '
. . ' ,. ..,
·/
,. .

'
:M",,...-.�·:·:·'�·
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Regular ;' .• '.56'."0o� : �, \ ,504 . 00 : 2 ; 634. 30 ....
: � ; .: �'
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Overtime 5 . 40
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� ?.? . 6.1
.. ·.- . _ ·� .

$o�ial ·�e.cl,i�itY ::t�

fe��r�1 1�.e:·o.r,1�.: Ta><, .1 �q . 69
-?1 : 1 7
·

11·0 : ·97.
Medicare: tax ·. · -'(3.1°
.

· . . �8�21:l
GA :�.Ql(Sl>.! ' i� �6:·49
;

cA ·$�t.�'. 1n�·�i-Qe Tax · 2.:.02

.

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DATE . . · 1N - ' OUT IN
·

Mon . 1 6ft)1 1o:'t>1AM 2:26PM . . 4 �. 3�0

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OUT . . TOTAl::

·16i0.2. . .S:SSAM' 2:(1�� . L2

. . . .

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Tue .

thu 1 0/04 1 o:o6M1 . :2i18PM 4 :20

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. .

7:05AW.' 1 :0SPM 1 :30PM 3:oo'FiM 7 . so

.

Fri
Sat . ·1ot66
Mori · 1o/i>8 · .9:58:.\M 2':2iPM · . A'.so
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Statement
FILE DEPT. CLOCK NUMBER
001400 6901 1 9 0092 1 994 1 7
Earn i ngs
!
Period Beginning: 09/1 6/201 2
039 - 0001

�50 DE SOTO OR 09/�.0/201 2

STONEBROOK HEAL.TH & REHABILiTAT/ON
Period Endin�r
.
I

LOS 'GATOS CA 95032-2402 Pay Date: 1 0/10/201 2

,

Taxable Marital Status: Single·

� . .

205 BEL GATOS RD .

GENEL YN TULIAO LUGARESI

1.
Exemptions/Allowances:

1 LOS GATOS CA 950 32

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CheckView Page 1 of 1

Earn i n g s Statement
Co. File # Clock Number
09H 001 400 9 1 834904

Home Dept: 69201 9 Period End: 08/3 1 /201 2

Stonebrook Health
Pay Date: 09/1 01201 2

350 De SotO Dr
Los Gatos, CA 95032 Lugaresi, Genelyn
Tuliao
205 Belgatos Rd
CA
.:
Los . Gatos,
95032
. !

Earn ings Code . Field # · Hours Amount

Regular 67.60 608.40

Overtime 0.40 5.40

Gross Pay 61 3.80

Deductions Statutory Amount

Federal Income Tax 36.76

Social Security 25.78
Medicare 8.90
State Worked I n : California CA 2.02
SUI/SDI: California (taxing) 75 6. 1 3

Other Amount

Net Pay 534.21

Memos Code Amount

J - ADP 401 k Comp 6 1 3.80

. . .. ..

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 .' .
1) . '?JO t2-f 5 ) \Q_
9 ;.

F·r LE.0
JASON L. PINTAR, ESQ. (#212452 )
Law Offices of Jason L. Pintar
2 2021 The Alameda, Suite 310
San Jose, CA 95126 p 2: SS
3
TEL (408)983-0500
4 FAX (408)983-1009
5
Attorney for Respondent,
6 GENELYN LUGARESI
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF SANTA CLARA
9

10 FAMILY LAW DIVISION

11
Case No.: 6-12-FL-009164
JASON LUGARESI,
12
Petitioner, SPONDENT' S RESPONSE TO
13
ETITIONER'S SUPPLEMENTAL
. vs.
OINTS AND AUTHORITIES
GENEL YN LUGARESI,
14

15
Respondent
16

17 Respondent respectfully submits the following Memorandum of Points and Authorities in

18
response to Petitioner's Supplemental Points and Authorities as follows:
19
I.
20

21 It is not in the best interest of the child for Petitioner to have visitation rights pursuant
to California Family Code §3101.
22

23
Petitioner's Supplemental Brief relies on two (2) simple facts in arguing for visitation to be
24

25
awarded to Petitioner: (1 ) Petitioner has filed a Dissolution of Marriage action including a request

26 for visitation (i.e. he has ostensibly taken "concrete" steps to request visitation), and (2) any
27
visitation would not interfere with the birth father's visitation rights. However, Petitioner's
28
arguments gloss over the most important determinable factor set forth in California Family Code
29

30 §310 1 : ". . . . the Court may grant reasonable visitation of a stepparent, if visitation by the stepparent

. Declaration of Gene/yn Lugaresi; Marriage of Lugaresi; Case No. :6-l2-FL-009164

i'.

is determined to be in the best interest of the minor child." [emphasis added]. In the instant case,

2 the facts clearly show that any contact by the minor child with Petitioner is not in the best interest of
3
the child.
4
A custodial parent has a 1 41h Amendment substantive due process liberty interest to make
5

6 decisions concerning the care, custody and control of her child. The United States Supreme Court

7 has held· that state law, as applied, only allows trial courts to grant nonparent visitation rights over a
8
parent's objection when the court determines such visitation is in the best interest of the child.
9

10 Otherwise, the Court may not unconstitutionally infringe on a custodial parent's right concerning the

11 care, custody and control of her child. Troxel v. Granville (2000) 530 US 57, 65-70.
12
The Troxel case further holds that the court must act under a presumption that a fit custodial
13

14 parent will act in the child's best interest regardless of the decision they make granting or denying

15 visitation to a non-parent. Id at 67-68., see also, Punsly v. Ho (2001 ) 87 CA4th 1 099, 1 1 06-11 07;

Kyle 0. v. Donald R. (2000) 85 CA4th 8 48, 862-864. California courts have routinely held that
16

17
deference to the custodial, biological parent should always be given except in "the most unusual and
18

19 extreme cases." Marriage of Gayden (1991 ) 229 CA3d 1 51 0, 1 520. Furthermore, a presumption
20
favoring decisions made by the biological and custodial parent regarding visitation is established in
21
California, and the non-parent seeking visitation must rebut that presumption by showing it is in the
22
23 best interest of the child for the court to grant visitation:

24 "Consistent with the holdings of other courts in the section 31 02 cases, we hold that
25 [California Family Code] section 3101 conforms to constitutional dictates if the
decision to permit visitation applies the rebuttable presumption favoring parental
26 decisions."

In Re Marriage of W , (2003) 1 1 4 Cal.App.4th 68, 75.

27

28

1111
29

30
II II

Declaration of Genelyn Lugaresi; Marriage of Lugaresi; Case No.:6-12-FL-009164

2
 In the instant case, it is clear that allowing Petitioner any contact with the minor child is not

2 in the best interests of the minor child. Petitioner is a member of a family of religious zealots who
3
practice an extreme form of their religion to the degradation of women and children. Petitioner
4
aggressively lobbied the Mother to abort the child when he found out she was unmarried and
5

6 pregnant. Petitioner and his family routinely called the child's Mother a "whore" in front of the

7
child. Their rationale is that this is the label that is applied to women in biblical times who had
8
children out of wedlock. Even worse, Petitioner and his family treated the child's Mother exactly
9

lO like what they labeled her (a whore) and the child like the son of such an offensively labeled person.

11 The facts of this case are not disputed by Petitioner in his supplemental papers. When the

parties moved to the United States in March, 2012, Petitioner stayed iri his parent's house and
12

13

14
Respondent and the minor child were forced to stay in a broken-down camper hiding in the garage

15 without windows. The smell of gasoline permeated throughout the garage. Respondent's and the
16
minor child's clothes smelled like gasoline. Their food, which Respondent had to prepare on a hot
17
plate in the camper, smelled of gasoline. Petitioner and his family are religious extremists who
18

19 believe that the end times are near-Respondent could only assume the storeg gasoline and other
20
dangerous materials amassed in the garage were in preparation for those believed end times. They
21
never worried about the safety of the child nor his Mother. In the meantime, Petitioner slept in a
22

23 warm bed in his family's house and ate meals with his family in his family's house. Petitioner

24 and/or his family held the door keys to the garage barring access to the Respondent and the minor
25
child to the home. When Respondent or the minor child needed drinking water or to go to the
26

27 bathroom they were forced to go outside the garage, walk around the outside of the house to the

28 front door, and ask for permission to come inside to use the bathroom or obtain drinking water. The
29
keys to the house were never given to Respondent.
30

Declaration o/Genelyn Lugaresi; Marriage of Lugaresi; Case No. :6-12-FL-009164

3
 Even more frightening is the fact that Petitioner and his family are staunchly against

2 receiving any sort of medical treatment even when it has dangerous implications. One of the
3
members of Petitioner's family tested positive for tuberculosis, yet the family refused to have this
4
individual treated. It was so bad that the County quarantined the residence when they discovered
5

6 what had happened. Petitioner himself has coughed blood profusely while he was with Respondent

7
and the minor child, yet angrily refused to see a doctor when Respondent begged him to go. After
8
Respondent escaped from the residence, she immediately had herself and the child tested for
9

10 tuberculosis. The child tested clean. Respondent tested positive, however, was enormously relieved

11 when a second test proved that it was a false positive.

12
When Respondent arrived in the United States, Petitioner and his family forced her to sign
13

14
documents which remitted her paychecks directly to Petitioner's family. Respondent worked

15 multiple jobs-the money from which went directly to Petitioner's family. In the meantime,

&
16
Petitioner rarely was employed, if at all. He is now apparently a part-time employee at a Barnes
17
Noble. Petitioner and his family signed federal documents when the sponsored Respondent and the
18

19 minor child into the United States committing that Respondent and the minor child would not live
20
below the poverty level. They have clearly breached this agreement. Respondent has been in
21
contact with an immigration attorney regarding her immigration status in this country. When the
22

23 immigration attorney learned of the conditions under which Respondent was living and the fact she

24 was forced to give her income to the sponsoring family, Respondent was advised that her case fits
25
the profile of "human trafficking" and that she should report Petitioner and his family to the federal
26

27 authorities. Respondent is in the process of doing this.

28 Prior to living in the United States, the parties lived in Korea. Petitioner insisted that the
29
parties move to Korea over Respondent's objection so that he could study Korean. The parties
30

Declaration of Genelyn Lugaresi; Marriage of Lugaresi; Case No. :6-12-FL-009164

4
 .-.

stayed five (5) years in Korea while Petitioner was purportedly a student. Petitioner did nothing

2 during this time to support Respondent or the minor child. For the first two (2) years in Korea,
3
Respondent worked at a Kia car factory operating heavy machinery from 1 0:00 a.m. until 6:00 p.m.
4
Respondent would take the minor child to school and then rush to work. Petitioner would
5

6 consistently refuse to pick up the minor child from school or wait for the school bus which forced

7
Respondent to leave her job many times early to be with the child. Respondent was forced to quit
8
that job. The next three (3) years Respondent was forced to work at a Filipino Restaurant located an
9

10 hour away from their home during the night shift in order to care for her son during the daytime after

II Petitioner's refusal to do so. Respondent would work from 9:00 p.m. until 5 :00 a.m. She would put
12
her son to bed, go to work, rush home by 6:00 a.m. to wake her son and prepare breakfast and
13

14
prepare him for school. She would then pick the minor child up from school and care for him until

15 he went to bed. Petitioner did nothing to help Respondent during this time, either financially or in
16
any manner as a parent. His only idea of parenting was to give the minor child "time outs" by
17
making the child stand outside in the freezing cold (Korea has terribly cold winters) when Petitioner
18

19 felt that the minor child was acting up. There was one instance in January, 20 1 0, when Respondent
20
returned home from work to find the minor child outside the house barefoot and freezing and crying.
21
The moment he saw Respondent he ran to her and hugged her screaming. The parties had a small
22

23 one-room apartment and Petitioner's solution for when the minor child's noise bothered him was to

24 put him outside. Petitioner certainly didn�t work during this time to support Respondent or the minor
25
child. Respondent is also not even sure if Petitioner attended school or was just biding his time­
26

27 Petitioner has not ever divulged the details of his life during the daytime when they lived in Korea.

28 Petitioner was in Korea on a student visa and Respondent was in Korea on an F-3 visa-a tourist
29
Visa. Respondent was not able to open a bank account under her Visa so she gave her paycheck
30

Declaration of Genelyn Lugaresi; Marriage of Lugaresi; Case No. :6-12-FL-009164

5
 each month on the 1 5th and the 301h to Petitioner. This is why Respondent believes that Petitioner is

2 currently seeking spousal support.

3
It has been clear that throughout the marriage that Petitioner considered the minor child an
4
impediment and an annoyance. While the parties lived in Korea, in a one-room apartment, Petitioner
5

6 attempted many times to have sex with Respondent in the presence of the child. When Respondent

7 refused, Petitioner would angrily yell at her that it was her "fault" she had a child and that the child
8
always got between them.
9

10 When Petitioner did spend time with the minor child in the United States, Petitioner almost

11 exclusively played the most heinous and violent video games with the minor child. There were
12
many occasions where Petitioner left the minor child alone with Petitioner's own siblings to play
13
these terrible video games. These video games include acts of extreme violence, bloodshed,
14

15 beheadings, and other horrible images-entirely inappropriate for a minor child. Respondent
16
protested and begged Petitioner not to play these violent video games with the minor child. This led
17
to the argument in late June, 20 1 2 where Petitioner attempted to physically grab the minor child
18

19 away from Respondent. Respondent bit Petitioner's hand to keep him from doing this and was
20
pushed down by Respondent's brother. Petitioner called the police and reported Respon.dent for
21
domestic violence. However, the criminal court, upon learning the facts of the case, dismissed the
22

23 case entirely. Through the help of very patient and longsuffering Church leaders, Respondent was

24 able to be reunited with her child after the negotiated the child's release from Petitioner's family.

Since Respondent and the minor child have left Petitioner' s family's garage, there has been a
25

26

27 marked improvement in the quality of life for the minor child. Another family in Respondent's

28 Church has taken them in - a family that is not zealous and extreme in practicing their religion.
29
Both Respondent and the minor child have their own separate rooms. The minor child has been
30

Declaration of Gene/yn Lugaresi; Marriage of Lugaresi; Case No.:6-12-FL-009164

6
 enrolled full-time in a great public school. Respondent is working full-time and has procured

2 medical coverage for the minor child. For the first time in the minor c hild's life, he has friends and
3
is being invited to birthday parties. He sings in the school choir. Both Respondent and the minor
4

5
?hild have been active and have thrived in their new Church congregation. Attached hereto as

6 Exhibit "A" is a true and correct copy of correspondence from the minor child's first grade teacher

7
illustrating the great progress he has made ( Respondent intends to provide this in Declaration form
8
signed under oath at the hearing). Attached hereto as Exhibit "B" is a true and correct copy of the
9

10 m inor child's progress report which shows the progress he has made and the catching up he needs to

11 do after being forced to stay in Petitioner's family's garage (note the name of the child on the
12
progress report is " Julian Genesis T. Gubutan, not "Ian Lugaresi " as Petitioner claims). The minor
13

14
child is now happy and well-adjusted. He has not asked about Petitioner nor requested to see

15 Petitioner since the parties separated.

16
The Court must balance the factors illustrated above against the fact that Petitioner trained
17
the minor child to call him " Daddy " and has filed a request for visitation. Petitioner argues that
18 ·

19 when the police arrived after he reporte d Respondent for domestic violence, the police interviewed
20
the minor child and the minor child stated " Mommy and Daddy got into a fight." This fact put forth
21
by Petitioner shows that Petitioner has trained the child to call him " Daddy", not that Petitioner has
22

23 done anything to act in the best interest of the child.

24
II.
25
Petitioner has not made a prima facie case that he has openly held out the child to be bis
26 own and taken him into his home pursuant to California Family Code §76 1 l (d).
27
California Family Code §76 1 l (d) states : "A man is presumed to be the natural father of a
28

29 child if. . . . (d) [ H]e receives the child into his home and openly holds out the child as his natural

30 child." Petitioner rests his claim on the following ( 1 ) his own simple statement that he held the child

Declaration of Genelyn Lugaresi; Marriage of Lugaresi; Case No. :6-12-FL-009164

7
 ...

out to be his own, (2) he took the child into his home, (3) many official documents list the child as

2 "Ian Lugaresi", and (4) the child called him Daddy. The facts clearly show that each and every one
3
of these arguments fail .
4
First and foremost, Petitioner provides absolutely no evidence that he held the child out to be
5

6 his own other than his own self-serving statement that "[e]xcept for a few members of my immediate

7
family and our church's bishop, everyone who knows our family believes Ian is my natural son."
8
This statement is patently false. The Church leaders and members of the parties' Mormon
9

Io congregation commonly knew and know that the minor child was not the son of Petitioner.

11 Members of the congregation have stated so to Respondent and a representative of Respondent's

12
attorney's office. The local members of the congregation are well aware of the situation and also
13
14 well aware of Petitioner's family extremist views. Many are reluctant to testify openly for fear of

15 retribution by Petitioner and his family. The minor child has exclusively Filipino features which
16
have always prompted questions regarding his background. Anyone who has asked has been told
17
truthfully that the child's father is Filipino, not Petitioner. Finally, a review of Petitioner's paycheck
18
19 stub shows that he does not claim any exemptions for withholding for a child - he does not even
20
hold out to his own employer that he has a child. Petitioner simply stating that he has held the child
21
out to be his own does not establish a prima facie case nor create a rebuttable presumption that he is
22

23 the natural father of the child.

24 Secondly, it is not refuted that Petitioner did not take the minor child into his own home.
25
Petitioner lives in his parents' home. The minor child was not even taken into that home. The minor
26

27 child and his mother were forced to live in a broken-down camper in the garage of Petitioner's

28 parents' property while Petitioner himself resided in the house as set forth in detail above.

IIII
29

30

Declaration of Genelyn Lugaresi; Marriage of Lugaresi; Case No.:6-12-FL-009164

8
 .�

The next factor that Petitioner puts forth is that the child's name on most official documents

2 lists him as "Ian Lugaresi." This is again patently false. Attached hereto as Exhibit "C" is a true
3
and correct copy of the Filipino Certificate of Live Birth which lists the child's name as "Julian
4
Genesis Tuliao Gabutan" - the natural father's last name is Gabutan. Attached hereto as Exhibit
5

6 "D" is a true and correct copy of the child's passport - he is named as Julian Genesis Tuliao

7 Gabutan. Attached hereto as Exhibit "E" is a true and correct copy of the child's Korean Visa - he
8
is named as Julian Genesis T. Gabutan. Attached hereto as Exhibit "F" is a true and correct copy of
9

10 the child's Korean Alien Registration card - he is listed as Julian Genesis Gabutan. Attached hereto

11 as Exhibit "G" is a true and correct copy of a Pre-School diploma from Korea listing the child's last
12 ,
name as "Gabutan; (a certified translation will be provided by the day of the hearing). Attached
13
hereto and incorporated herein as Exhibit "H" is a true and correct copy of the child's United States
14

15 Green Card - he is listed as Julian Gabutan. Attached hereto and incorporated herein as Exhibit "I"
16
is the official Mormon Church record showing the child's name as "Julian Genesis Tuliao Gabutan."
17
Attached hereto and incorporated herein as Exhibit "J" is a true and correct copy of health benefits
18

19 cards for the minor child - he is listed as Julian T. Gabutan. The only document where the
20
Petitioner's name even appears in any capacity is on the Korean kindergarten registration which lists
21
the Petitioner as ·a "guardian" for emergency contact purposes. The same document lists the child's
22

23 name as "Gabutan". A true and correct copy of the Korean kindergarten registration is attached

24 hereto and incorporated herein as Exhibit "K" (a certified translation will be provided by the day of
25
the hearing). The documents attached hereto not only refute Petitioner's claim that the child is listed
26

27 as "Ian Lugaressi" on most documents, it puts into serious question Petitioner's credibility as to his

28 statements as a whole in this matter.

/Ill
29

30

Declaration of Gene/yn Lugaresi,· Marriage of lugaresi; Case No.:6-12-Fl-009164

9
 .•

Finally, Petitioner rests on the fact that the child told the police that "Mommy and Daddy got

2 into a fight" when the police responded to Petitioner's call regarding Respondent for alleged
3
domestic violence. This statement is not indicative of Petitioner holding the son out to be his child.
4
This statement is not indicative that the rest of the community knew or thought was the case
5

6 regarding the child's parentage. This statement is simply indicative of the fact that the Petitioner

7
trained a vulnerable minor child to call him "Daddy."
8
III.
9

IO Conclusion.

11

12 Based on the foregoing, Respondent respectfully requests that this Court find that visitation by

13 Petitioner with the minor child as a step-parent is not in the best interest of the minor child and deny
14
Petitioner's request for such visitation. Respondent also respectfully requests that this Court find that
15
Petitioner has not held out the minor child as his own and has not taken the minor child into his home
16

17 pursuant to California Family Code § 76 1 l (d) and is therefore not the presumptive natural father of the
18
minor child. Accordingly, Respondent respectfully requests that this Court deny Petitioner's request for
19
visitation with the minor child.
20

21

22

23

24
DATED: _ { �l I,--1f_9...__,,
..._ 20 1 2 Respectfully Submitted,

25

26

27
mey for
48 GENELYN LUGARESI
29

30

Declaration of Gene/yn Lugaresi; Marriage of Lugaresi; Case No. :6-12-FL-009164

10
Exhibit
A
• ·'

November 18, 2012

Julian Gabutan is a first grade student in my class at Noddin Elementary School in San Jose. When
school started in August of this year, Ian was a very angry little boy. H e would throw temper tantrums,
yell at me, sit on the floor with his a rms folded, try to run out of the classroom and refuse to do any
class work. He was physically aggressive with the other children and had a very d ifficult time
communicating. As a result he had a very hard time learning any academics a n d he had no friends
because the other children were afraid of h i m . He told many stories of his father whom he claimed was
an astronaut who had flown in a space ship to the moon, had been in fights beating up and killing "bad
guys."

To address his academic issues, he was placed in two different reading classes. One is "Response to
Instruction" where he is in the Inte nsive learning class for 50 mi nutes per day. The other is a pull out
program called " Reading Intervention" which is a 3-1 tutoring class which teaches Kindergarten basic
skills for reading to get him caught up to beginning first grade reading skills. He began the year not being
able to read at a l l and now he is at the Kindergarten/beginning first grade level. He is getting small
group instruction for math 3 days/week a nd whole group instruction 2 days per week. H e is beginning to
pick up some math skills.

To address his social skills he has been attending a " Lunch Bunch" group which is teacher supervised on
Tuesdays d u ring the lunch recess period. Students play games, build with legos, play chess, and learn
how to get along with others. I n class we have focused on "Too Good for Drugs" and " Be a Buddy"
which is a program through the Cornerstone project.

As a consequence, I was happy to inform his mother this past week d u ring parent-teacher conferences
that I have witnessed a huge im provement in Ian's academic and social growth. He now has friends to
play with at recess. He gets a long much better with others and actually has a friend to eat lunch with
a n d with which to pa l around. He plays ball with others and is a happy boy who smiles often. He seems
to have adjusted wel l a nd is much more cooperative in learning situations.

He has stopped telling fanciful stories and although he still has difficulty staying focused d u ring
instruction, he does very well with one on one help.

J u l ian's mother has been extremely concerned about her son . We have had m a ny discussions and e­
mails rega rding his behaviors a nd academic needs. She is a dedicated parent who m a kes sure that Ian
does his homework and gets him to school every day and on time. She was grateful for the opportunity
offered to her son in the Reading Intervention program even though it meant a n adjustment in her pick
up schedule. She responds to school parental permission requests a nd emails promptly. Ian appears to
be well cared for. He is clean and well rested on a daily basis and seems to be well on his way towards a
solid foundation.

Patricia Stewart/First G rade Teacher Phone#: (408)779-1067

· Email: stewartp@ unionsd . o rg

EXHIB\T A
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1 . NAME

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NAME
Genelyn

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7. CITIZENSHIP

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parenlsh'arml of lht clrUtl mmtlo11t4 In th& Cn1VftllW1 of Lhit 1lirili, do JrmbJ soltmnly swear thal the
Wt/I, JULIUS C2ASAJ. A GAlln'AN

information cont41md htrdn arc h'rll 11nd corrticr /�� o/ �JlT/rrry�algt •114 1;dief.
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· EXHIB IT H--
Exhibit
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Individual Ordinance Summary- 8 Nov 201 2 Record Number: 001-8654-9870

The Church of Jesus Christ of Lat1 1y Saints Gabutan, Julian Genesis Tuliao

Personal and Ordinance Information

Full name: Gabutan, Julian Genesis Tuliao
Birth date: 1 9 Apr 2006
B irthplace: Cagayan Valley
B irth country: Philippines
Sex: Male
Baptism date:
Confinnation date:
Sealed to parents date/temple or BIC:

Parents
Name maiden name if a llcable Birth Date
Tuliao Genel n A attad 1 5 Se 1 987

Residing With Residential Address

Name: Lugaresi, Genelyn Apattad 205 Belgatos Rd
Birth Date: 1 5 Sep 1 987 Los Gatos, CA 95032
USA

Phone Numbers and E-mail Address Mailing Address

Household telephone: 408/358-3682 (Same as residential)
Individual telephone:
Household e-mail address: gt_09 1 5@live.com
Individual e-mail address:

Current Unit
Cambrian Park Ward ( 1 9070), San Jose California South Stake (504947)

MEMBER - KEEP THIS SUMMARY as a record of your ordinances.

IF THERE ARE ERRORS, have your ward clerk make the changes and give you a corrected Individual Ordinance Summary.

KEEP THIS INFORMATION CONFIDENTIAL - Because your Individual Ordinance Summary contains personal information, please be careful who you share it
with. •
I
IF YOU MOVE, tell your current bishop or ward clerk your new address and, if you know it, your new ward. Show this summary to your new bishop or.ward cleric
so your membership record can be requested.

To find your new ward, contact your administration office or US(: the Meetinghouse Locator tool found at http://www.lds.org/basicbeliefs/mcctinghouse.

Page I of I

EXHIBIT I
Exhib it
r .
 ••

State of
California

Benefit�
Identification
ID No. 91 609043F42290 C:ard
J ULIAN T GABUTAN
M 04 19 2006 Issue Date 1 0 1 6 12
. _ ______._
. _____ --�-...,.__, ___ _

State or
C:alifornia

Benefit�
Identification
ID No. 97509043F722 90 C:ard .
GENELYN T LUGARESI
F 09 1 5 1987 Issu e Date 10 16 12

Ill
Primary Care Provider (PCP):
Indian Hulth Center OfScv

;;,;.ii;'"'""" ,,.,
PCP Phone: (408) 445-3400
Group: Valley Health Plan

GENEi..YN LUCARESI
Member IO: 97509043F
09/1 5/1987 Gender: F
Medi-Cal Member
Member Services: 800.260.2055; www.scfhp.com
Nurse-Advice: 877.509.0294
For doctor appointments or non-emergency cnre: call your PCP.

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IN RE: MARRIAGE OF LUGARESI
Santa Clara County Superior Court
Case No. : 6-1 2-FL-009 1 64

PROOF OF SERVICE

I, Jason L. Pintar, declare that I am employed in the County of Santa Clara,

California. I am over the age of eighteen ( 1 8) and not a party to the within action .
or cause; that my business address is 202 1 The Alameda, Suite 3 1 0,, San Jose, CA
95 1 26. On the date set forth below, following ordinary business practice, I served
the foregoing document(s) described as:

PETITIONER'S PRELIMINARY DECLARATION OF DISCLOSURE

on the following person(s) in this action [ ] by placing a true copy thereof

enclosed in a sealed �nvelope addressed as follows:

[X] (BY MAIL) I am "readily familiar" with the firm's practice of

colleetion and processing correspondence for mailing. · Under that practice it
would be deposited with the U.S. Postal Service on the same day with postage
.
thereon fully prepaid at San Jose, California in the ordinary course of business. I
am aware that on motion of the party served, service is ·presumed invalid if the
postal cancellation date of postage meter is more than one day after the date of
deposit for mailing in affidavit.

Constance L. Carpenter, Esq.

Carpenter & Mayfield
730 N. First Street
San Jose, CA 95112

[ ] (BY PERSONAL SERVICE) I instructed each envelope to be hand­

delivered.

[ ] (BY OVERNIGHT MAIL) I caused each envelope to be delivered

overnight mail.

[X] (BY FACSIMILE) I instructed such to be transmitted via facsimile to the

office of the addressee to the following facsimile number on the date set forth
below: Constance L. Carpenter, Esq. at (408)287-9857.

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
November 19, 2012, at San Jose, California.
 ,,
,,,: .•

FI ED
JASON L. PINTAR, ESQ. (#2 1 2452)
2
Law Offices of Jason L. Pintar
202 1 The Alameda, Suite 3 1 0 t
NOV 1 g ·20 1z
3 San Jose, CA 95 1 26
TEL (408)983-0500
DA
4
VIO H. YAMASAKI
Chief Executive Offic1r1c1erk
FAX (408)983- 1 009
BYSuperlor Coutt of CA County of Santa Clara
--D
5
Attorney for Respondent, -- EPUTY
GENELYN LUGARESI
6
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8

9 COUNTY OF SANTA CLARA

10
FAMILY LAW DIVISION
11
JASON LUGARESI, Case No. : 6- 1 2-FL-009 1 64
12
Petitioner,
13 ECLARA TION OF
vs. ENELYN LUGARESI
14
GENELYN LUGARESI,
15
Respondent
16

I, GENELYN LUGARESI, declare as follows:

17

18
1. I am the Respondent i n the above captioned matter. If called as a witness, I could and
19

20 would testify competently to the facts stated herein.

21 2. I have read through Respondent's Response to Petitioner's Supplemental Points and

22
Authorities and understand the contents thereof. The facts stated there.in are true, except as to those
23

24 matters which are based on information and belief, and as to those matters, I believe them to be true.

25 I declare under penalty of perjury under the laws of the State of California that the foregoing
26
is true and correct.
27

��
28

29 DATED: / q 'I.JO\./ , 20 1 2
GE
�
�
1 RESI
30

Declaration of Genelyn Lugaresi,' Marriage of Lugaresi,' Case No. :6-12-FL-009164

 ..... POS-050/EFS-050
FOR COURT USE ONLY
.
.

- CONSTANCE L . CARPENTER 68122

ATTORNEY OR PARTY WITHOUT AITORNEY (Name. Slate Bat number. and addteu}:

7 3 0 N . First Street
CARPENTER & MAYFIELD
f tLEC
San Jose , CA . 95112 \ : QS
TELEPHONE NO.: ( 4 0 8 ) 2 8 7 - 1 9 1 6 FAX NO. (Optiona/): ( 4 0 8 ) �\
� 1 ��· 5 �
E-MAIL ADDRESS (Optional}:
ATTORNEY FOR (NameJ: JASON LUGARES I '/r. t•• •:.,., .. . �·��:.�

SANTA CLARA W"' Ciin:1 i:.'j;\al1J"'

•
C<.i�
I' ,��
STREET ADDRESS: 6 0 5 W �
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
_l..e,--e-
MAILING ADDRESS: 1 9 1 N . First Street
El Camino Real , Sunn�
•

CITY AHO ZIP CODE: San Jose , CA . 95113 uc.c

BRANCH NAME: FAMILY LAW D IVI S ION

6 - 12 -FL - 0 0 9 1 6 4
PLAINTIFF/PETITIONER: JASON LUGARESI CASE NUMBER:

DEFENDANT/RESPONDENT: GENELYN LUGARESI JUDICIAi. OFFICER:

80
DEPT.:
PROOF OF ELECTRONIC SERVICE

1. I am at least 1 8 years old and not a party to this actlon.

730 N . FIRST STREET

a. My residence or business address is (specify):

SAN JOSE , CA 95112

408-287-9857
b. My electronic service address is (specify):

2. I electronically served the following documents (exact titles):

SUPPLEMENTAL POINTS AND AUTHORITIES IN SUPPORT O F REQUEST FOR CHILD
CUSTODY AND VISITATION , INCOME AND EXPENSE DECLARATION
D The documents served are listed in an attachment. (Form POS-050(0)/EFS-OSO(D) may be used for this purpose.)

3. I electronically served the documents listed in 2 as follows:

a. Name of person served: JASON PINTAR
On behalf of (name or names of parlies represented, ifperson served is an attorney):
GENELYN LUGARES I
b. Electronic service address of person served: 4 0 8 - 98 3 - 1 0 0 9
c. O n (date): 1 1 / 1 2 / 2 0 1 2
d . At (time): SEE FAX REPORT

D The documents listed in item 2 were served electronically on the persons and in the manner described in an attachment.
(Form POS-050(P)!EFS-050(P) may be used for this purpose.)

Date: 11/12/12

I declare under penalty o f perjury under the laws of the State of California ttiat the foregoing i s true and correC!·

MICBEIJ.E PHILLIPS
(TYPE OR PRINT NAME OF OECLARANT)
� ��
F (SIGNATURE O DECl.ARANT)
Pa;e 1 of 1
PROOF OF ELECTRONIC SERVICE Cel. Rvlet ol COUit, rule 2.251
www.coum.ca.gov
(Proof of Service/Electronic Filing and Service)
LUGARE S I , Jason
 TRA1'1SMISSION VER I F I CAT I ON REPOR"

T I ME 1 1 / 1 2/ 2 0 1 2 1 5 : 30

DATE , T I ME 11/12 15: 14

FAX NO . /NAME 1 408'3831 0 0 9
DURAT ION 0 0 : 1 6 : 20
PAGE (S) 16
RESJL T OK
MODE STANDt.RD
ECM ·
 POS-050/EFS-050
FOR COURT USE ONL y
CONSTANCE L CARPENTER 68122
ATIORNEY OR PARTY WITHOUT ATIORNEY (Name. Slala 811r numbtl;, 11nd /ldd18ss):
.
. �·''·
. ...\ . • .. '

7 3 0 N . First Street
CARPENTER & MAYFIELD
F lLED
San Jose , CA . 95112
TELEPHONE NO.: ( 4 0 8 ) 2 8 7 - 1 9 1 6 FAXNO. (Opfjonlll): ( 4 0 8 ) 2 8 7 - 9857
E-MAIL ADDRESS (0p6onsQ:
20 1 1 HO� I� PM \ : OS
Da'i....+-:r.
... n<
ATTORNEY FOR (N11me): JASON -LUGARESI

STREET ADDRESS: 605 W . E l Camino Real , Sunnyvale , C

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA

MAILING ADDREss: 1 9 1 N . First Street

0y:�_:_--r;;
�
:;;Oiri
·�
r-
c1TY AND Z1P cooE: San Jose , CA . 95113
BRANCH NAME: FAMILY LAW DIVISION u
6 -12-FL- 0 0 9.1 6 4
PLAINTIFF/PETITIONER: JASON LUGARES I CASE NUMBER:·

DEFENDANT/RESPONDENT: GENELYN LUGARES I JUDICIAL OFFICER:

80
DEPT.:
PROOF OF ELECTRONIC SERVICE

1. I am at least 1 8 years old and not a party to this action.

7 3 0 N . FIRST STREET
a. My residence or business address is (specify):

SAN JOSE , CA 9 5 1 1 2

b . M y electronic service address i s (specify):

michelle@ carpenterandmayfield . com

2. Ielectronically served the following documents (exact titles):

SUPPLEMENTAL POINTS AND AUTHORITIES IN SUPPORT OF REQUEST FOR CHILD
CUSTODY AND VI SITATION , INCOME AND EXPENSE DECLARATION
0 The documents served are listed in an attachment. (Form POS-050(0)/EFS-050(0) may be use.d for this purpose.)

3. I electronically served the documents listed in 2 as follows:

a. Name of person served: JASON PINTAR
On behalf of (name or names of parties represented,
. if person served is an attorney):
GENELYN LUGARES I
b. Electronic service address of person served: j ason@pin tar law . com
c. On (date): 1 1 / 1 2 / 2 0 1 2
·d. At (time): SEE ATTACHED EMAIL

D The documents listed in item 2 were served electronically on the persons and in the manner described in an attachment.
(Form POS-050(P)IEFS-050(P) may be used for this purpose.)

Date: 11/12/2012

I declare under penalty of perjury under the laws of the State of California that 11:\e foregoing i s true ahd iorrect.

MICHELLE PHILLIPS
(TYPE OR PRINT NAME OF DECLARANT)
� �� (SIGNATURE OF OECLARANT)

Form Approved for ()ptionlll Use

Page 1 of 1
PROOF OF ELECTRONIC SERVICE Cal. Rules of Court, rule 2.251
Judicial Cooncil of Cal�omia www.coulfs.ca.gov
(Proof of Service/Electronic Filing and Service)
(Wl MarflnDN•\
POS-050.'EFS-050 [Rev. Januaty 1, 2011)

l!:!.) EsSENTIAL FORMS-

LUGARES I , Jason
 Page 1 of 1

Michelle Phillips

From : "Michelle Phillips" <michelle@carpenterandmayfield.com>

To:
Date: Monday, November 1 2, 20 1 2 4:24 PM
"Jason Pintar" <jason@pintarlaw.com>

Points and Authorities I Income and Expense Deel.

Attach: P&A I&E.pdf
Subject:

Michelle Phillips
Legal Assistant to Carpenter and Mayfield
730 N. First Street
San Jose, Ca 95 1 1 2
(408) 287- 1 9 1 6

1 1/ 1 3/20 1 2
 FL-150
"'TTORNEY OR PARTY WITHOUT ATTORNEY{Name. St• wmt>or, 8lld addreS!I): FOR COURT USE ONLY

..__ CONSTANCE L . CARPENTEF!· SB# 6 8 1 2 2

·CARPENTER AN D MAY F I E L D
; .'
7 3 0 North F i r s t S t reet
San Jo s e , CA 9 5 1 1 2 f \LED
�i"\ I I : 4 1
TELEPHONE NO.: ( 4 0 8 ) 2 8 7 - 1 9 1 6 (408) 287-9857

2nn NO� \3
E-MAIL ADDRESS {Optionel) :
ATTORNEY FOR (Namet JASON LUGARES I
Del'•� t•. 't� .... . " �TB
SANTA CLARA
C;;i .r� ., ;.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
1 7 0 P a r k Avenue
. '. . '(�:-�
.. •··c:

S1--;.e.-O Co.JI
STREET AODRESS: -

er._ ��-
CITY AND ZIP CODE: s an Jos e , CA .
MAILING AODRESS: 1 9 1 N . F i r s t S t reet :
95113
BRANCH NAME: FAM IL Y LAW D I V I S I ON
PETITIONER/PLAINTIFF: JASON LUGARE S I
�
RESPONDENT/DEFENDANT:G E N ELYN LUGARES I
OTHER PARENT/CLAIMANT:

INCOME AND EXPENSE DECLARATION CASE NUMBER:

6 - 1 2 - FL - 0 0 9 1 6 4
1. Employment (Give infonnation on your currentjob or, if you're unemployed, your most recent job.)
Attach copies a. Employer: B a r n e s and Nob l e
of your pay b. Employer's address: 1 6 0 0 Saratoga Ave . San Jo s e , CA .
stubs for last c. Employer's phone number: ( 4 0 8 ) 3 7 0 - 0 4 4 4
two months d. Occupation: Boo k s e l l e r
(black out e. Date job started: Apr i 1 , 2 0 1 2
social f. I f unemployed, date job ended:

9 2 5 gross (before taxes) D per month D per week IXJ per hour.
security g. I work about 2 0 ·hours per week.
numbers). h. I get paid $ •

(If you have more than one job, attach an 8 1 /2-by-1 1 -inch sheet of paper and list the same i nfonnation as above for your other
jobs. Write "Question 1 - Other Jobs" at the top.)

2. Age and education

school or the equivalent: IXJ Yes D No If no, highest grade completed (specify):
a. My age is (specify): 30

D Degree(s) obtained (specify):

b. I have completed high ·

0 Degree(s) obtained (specify):

c. Number of years of college completed (specify): 3
d. Number of years of graduate school completed (specify):

D vocational training (specify):

e. I have: 0 professional/occupational license(s) (specify):

a. D I last filed taxes for tax year (specify year):

3. Tax infonnation

D sing!e
.

D married, filing jointly with (specify name):

b. My tax filing status is 0 head of household 0 married, filing separately

c. I file state tax returns in 0 California 0 other (specify state):

d. I claim the following number of exemptions (including myself) on my taxes(specify):
4. Other party's income. I estimate the gross monthly income (before taxes) of the other party in this case at (specify): $
This estimate is based on (explain):

(If you need more space to answer any questions on this fonn, attach an 8 1 /2-by-1 1 -lnch sheet of pap� r and write the
question number before your answer.) Number of pages attached:

I declare under penalty of perjury under the laws of the State of California that the information contained on all pages of this form and
any attachments is true and correct.
Date: II /l2 / \L
,JASON J.UGARESI
(TYPE OR PRINT NAME)
Page 1 of 4

2100.2113. 3552, 3820-3634,

Q
Form Adopted lor Mandat°'Y use INCOME AND EXPENSE DECLARATION Fam!ty Code,§§ 2030-2032.
Judicial COUtlcil of Calnomia ·"•, rio Dro••»

� fSSCHT�l fORMS;;
FL-iso (Rev. January 1 . 20071 "4050-4078. 4300-4339
www.c:outtinfD.ca.QOV
 FL-150
PETITIONER/PLAINTIFF: JASON L � . 1RES I __ • >E NUMBER:

RESPONDENT/DEFENOANT:GENEL YN LU GARE S I 6 - 1 2 - FL - 0 0 9 1 6 4
OTHER P�RENT/CLAIMANT:

tax return to the court hearing. (Black out your social security number on the pay stub and tax return.)
Attach copies of your pay stubs for the last two months and proof of any other income. Take a copy of your latest federal

5. Income (For average monthly, add up all the income you received in each category in the last 12 months Average

873 *36
and divide the total by 12.) . Last month monthly
a. Salary or wages (gross, before taxes) . . :.................................................................................................................$
.... ................ . . 910 95
b. Overtime (gross, before taxes) ...........................................................................................................................................................$ 0 00 0 00

d. Public assistance (for example: TANF, SSI, GA/GR) I:) currently receiving
c. Commissions or bonuses ........................................................................................................................................................................$ 0 00 0 00

e. Spousal support I:) from this marriage I:) from a different marriage
. . . $ 0. 00 ..... ..................... ....... ........ 0 00

f. Partner support I:) from this domestic partnership I:) from a different domestic partnership $
. . . ... . ..... ....$ 0 00 ............ ............... . . . . . . . .... 0 00
0 00 0 00
g. Pension/retirement fund payments . .. . . ... . ..... . . . .. .
..... .................. .
. ...... . ...... .... . . . .. . $ 0 00
.. ........ .................................................... ................ 0 00

i. Disability: I:) Social security (not SSI) I:) State disability (SDI) I:) Private insurance. $
h. Social security retirement (not SSI) . . . . .$ 0 00
......... . . .............. ............................ ....................................................................................... 0 00
0 00 0 00
j. Unemployment compensation . .................. .. ...... . ..... . ......... ...... .......... ............ .. . .... .......... ...... ... ... . .
.... . . . . . . .. ..... . .$ ..0 00
. .. ... .. ... . ....... . ............... 0 00
k. Workers' compensation ............................................................................................................................................................................$ 0 00 0 00
I. Other (military BAO, royalty payments. etc.) (specify) : . .$ 0 00 0 00
4 /12
...................................................... ............................................

* ave . s i nce

o oo
6. lnvesbnent income (Attach a schedule showing gross receipts less cash expenses for each piece of property.)
a. Dividends/interest . . . . ...... . .. . . .. .. . .. . . . . . . . . .. . . . ... ... ..... ..... . .. .
..................... . . . . . . . ... . . ........... . . . . .... . .. ...... .. . . . ...
. . . .... .. ... . . $ 0 . . .. . .. .. . ..... . . . . . ... ...... . ................ 00

b. Rental property income .............................................................................................................................................................................._

$ __ _ 0
� ....
00
� .. ___ _..
O
,_.._,
O
..._O
...._

c. Trust income . . . . . . . . . . . . ._
$ _ ....
0 0
� .. 0
� ...,
O....O
.._.
..._ O
�

o
� o
....
o
_ .. --�o o
....o
....
... ...
.................. ................................ ............... ........ . . ................................. ............ .......................... ................... . . . . ......... ..... . __ ___

d. Other (specify) : .
........... ................ ... ..... ... .... . ... . .
.... . . .
. . ........ . ..... . . . . . . . . .. .
.. ........ .. . . . ........ ... ... . . .. .. ..... ..... . ... .
. . . .... . . ... . .. . .. . . . .
. ...... ........... ................ _
$ __ _ �

D owner/sole proprietor D business partner a other (specify) :

7. Income from self-employment, after business expenses for all businesses .... .......... .. ..... .................. $ 0 00 0 00
I am the
Number of years in this business (specify) :
Name of business (specify) :
Type of business (specify) :
Attach a profit and loss statement for the last two years or a Schedule C from your last federal tax return. Black out your
social security number. If you have m ore than one business, provide the information above for each of your businesses.

8. I:) Additional income. I received one-time money (lottery winnings, inheritance. etc.) in the last 12 months (specify source and
amount) : 0 . 00
9. I:) Change in income. My financial situation has changed significantly over the last 1 2 months because (specify) :

10. Deductions Last month .

a. Required union dues $
........................................................... .......................................................................................................................................................... 0 00

Medical, hospital, dental, and other health insurance premiums (total monthly amount) . . . .. . . ... . ....'..........................$
b. Required retirement payments (not social security, FICA, 401(k), or IRA) . ... ..... .. ...... .. ...... .. .... . $ .. ..... ... . . . . . ......... ................................. 0 00
c. .... . ...... . .. . ... . 0 00
d. Child support that I pay for children from other relationships .........................................................................................................................$ 0 00
e. Spousal support that I pay by court order from a different marriage ......................................................................................................... $ 0 00
f. Partner support that I pay by court order from a different domestic partnership . . . . .. .. .. ...... . .. .. .. . $ . .......... . . . . . ... . . .. .... ........................ 0 00
g. Necessary job-related expenses not reimbursed by my employer(attach explanation labeled "Question 10g") . $ . ... 0 00

$ 1 , 038 82
11. Assets Total
a. Cash and checking accounts, savings, credit union, money market, and other deposit accounts ......................................

$ 3, 000 00
b. Stocks, bonds, and other assets I could easily sell . . . . . . . . . . . .. . . . . .... .... . . .... . . . . . . . ...................... ................................ . . . . ...... ...... . . . ............ .. . . . . $
.... ... .... . .0 00
c. All other property, 0 real and D personal (estimate fair marl<et value minus the debts you owe)

INCOME AND EXPENSE DECLARATION

 PETITIONER/PLAINTIFF: JASON l
FL-150
\RES I _ _ - · .SE NUMBER:

-: OTHER PARENT/CLAIMANT:
RESPONOENT/DEFENDANT:GENELYN LU GARE S I 6 - 1 2 - FL- 0 0 9 1 6 4

12. The following people live with me:

Name Age How the person is . That person's gross
related to me? ex: son monthl
a. Thomas & S he i l a Lug a r e s i Parents ,
� Michael Luga r e s i 28 Brot her 2 , 000 . 00
c. Brenda Lugare s i 26 Sister 700 . 00
d. Tommy Lug a re s i 22 Brot her None
e. Jacob Luga re s i 13 Brot her None
1 3. Average monthly expenses IXl Estimated expenses D Actual expenses D Proposed needs
Laundry and cleaning ... . . . . . . . . .. . .$·---�
J�
O ....
00� ...
rvi Rent or D mo rtgage ................ . s 100 00
a. Home: My expen s e s o n l y h.
(1) �
...._
$ . ___10 00
..... . . . . . . . . ... ........ . . .. . .

i. Clothes _ ....
� ..,..

$. . . . . . .. . . $
... 0 00
.............. ..............................................................

If mortgage:
(a) average principal: j. Education . .. . _��

Entertainment, gifts, and vacation .. .. .... .. ....

$ 20.00
_______ ... . . ... . . . .. . . . .. . . ........... ... ..... .. . ... . .......... .. ...
. ____

(b) average interest:

-------
k. . . . . ___ �-��

(2) Real property taxes

. . . .. . .$
.,. 40 00 ..._
I. Auto expenses and transportation
·····································

-------
(3) Homeowner's or renter's insurance (insurance, gas, repairs, bus, etc.) . .. .. . . ____ � �....

(if not included above)

include auto, home, or health insurance) $ 0.00
m. Insurance (life, accident, etc.; do not
······························

(4) Maintenance and repair . . . . ... .. .. .$

...._____,_. 00
o'-"-"
L.\.L.
n. Savings and investments ....................................$ 0 00
.

b. Health-care costs not paid by insurance .. s

.... _,..
0'-"-"
L.\.L.
00
.. .. ... . . .. .... .

.................,....................$ o 00
.. ___

o. Charitable contributions
c. Child care . . ..... ... .. .. . . . . . .$ _ 0 00
(itemize below in 14 and insert total here) $ 0 00
. . . .. . . ........ . . ... . ..
... ..... . .... . ... .. .... .. . ___ ...._.
.... �
..., p. Monthly payments listed in item 1 4

d. Groceries and household supplies .. . . .s

_ ....
5....
0 .. ....
.. 00
........................................................$ o 00
. �...,
q. Other (specify) :
.. ... . .. __

e. Eating out .. .... .... .. . . . . . .. .. .. .. . ..... . .. .......... _

s ....
10 ... 00 .-------�
d d () () ()
. . . . .. .. .. .. .. . .. . .. .. . ... ___ ...._, �

o 00
r. TOTAL EXPENSES (a-q) (do not acJd in $
the amounts in a(1)(a) and (b))

g. Telephone, cell phone, and e-mail .. ... .. .. _

$
. .... ___ 0 00
__...
..... �
..._. s. Amount of expenses paid by others
14. Installment payments and debts not listed above
Paid to For Amount Balance Date of last oavment
$ $
$ $
$ $
$ $
$ $
$ $
15. Attorney fees (This is required if eitherparty is requesting attorney fees.):
a. To date. I have paid my attorney this amount for fees and costs(specify) : $ 8 , 300 . 00
b. The source ofthis money was (specify) : I nc ome and loans f rom f ami l y

d. My attorney's hourly rate is (specify) : $

c. I still owe the following fees and costs to my attorney {specify total owed) : $
350 . 00
I confirm this fee arrangement.

Date: 1 1 / 1z... jwl-Z.

CONSTANCE I. CARPENTER
(TYPE OR PRINT NAME OF ATIORNEY)

fW) .\f11t1lnl>ru.\
FL·150 (Rev. JanJlllY 1, 20071 INCOME AND EXPENSE DECLARATION Page l ol 4

� Bs[HflAl FORMS°"
 FL-150
PETITIONER/PLAINTIFF: JASON 1 �RES I ;e NUMBER:
RESPONDENT/DEFENDANT:GENELYN LU GAR ES I 6 - 1 2 - FL - 0 0 9 1 6 4
OTHER PARENT/CLAIMANT:
CHILD SUPPORT INFORMATION
(NOTE: Fill out this page only if your case involves child support.)

16. Number of children

a. I have (specify number) : 1 children under the age of 1 8 with the other parent in this case.

(If you're not sure about percentage or it has not been agreed on. please describe your parenting schedule here.")
b. The children spend percent of their time with me and 1 0 0 percent of their time with the other parent.

17. Children's health-care expenses

a. D I do IXI I do not have health insurance available to me for the children through my job.
b. Name of insurance company:
c. Address of insurance company: ;.
'

d. The monthly cost for the children's health insurance is or would be (specify) : $
(Do not include the amount your employer pays.)
1 8. Additional expenses for the children in this case Amount per month
a. Child care so I can work or get job training ····················································································· "'------
b. Children's health care not covered by insurance ...........................................................................-
. --------
c. Travel expenses for visitation . . . .. . . . . . .. . . . . . . . .. .. . .._________...__
.......................... ..... ....... .. .... . ..... ....... . .... . . .. .... .. ......... .. . . ... .

d. Children's educational or other special needs (specify below) : ................................... _________ _

1 9. Special hardships. I ask the court to consider the following special financial circumstances
(attach documentation of any item listed here, including court orders):
Amount per month For how many months?
a. Extraordinary health expenses not included in 1 8b . . . . _ _ _ _ _ _ _ __ ........ ............................ . . . . . . .................... _

b. Major losses not covered by insurance (examples: fire. theft. other

insured loss) ......................................................................................................................................................... ______ -------
'
c. (1) Expenses for my minor children who are from other relationships and
are living with me .. .. . . . . . . ... . . . . . . . .
. ......... .. . . . .. ..
. . . . . . . . . . . . . .. .. .. .. .. .. ......... .... ............... . .... ....... .... ... .
....... . ..... ...... ______ -------
(2) Names and ages of those children (specify) :

(3) Child support I receive for those children . . .

.... ..... ...... ........................................................... .. _________ _

The expenses listed in a, b and c create an extreme financial hardship because (explain) :

20. Other infonnation I want the court to know concerning support in my case (specify) :

(0} Marfi11Dcan\
FL-150 !Rev. January 1, 20071 INCOME AND EXPENSE DECLARATION Paga 4 of 4

� tss[HJtAl fDRMS�;
REMOVE DOCUMENT REMOVE OOCUMEHT

� �
�LONG PERFORAnON ALONG PERFORAnON
 TotAil: 0.00 0.00 0.00

2:62
2.51
Fed FICA Med tt:Jspttal Ins I EE lii : 52
Fed Witth>lding 103.04
CA OiSilll lity 1.81 46.19
CA Witltold� 0.00 1.10

Total: 404.63 ... ....

S&l. ._
:ll

RB.IOVE OOCl1UEUT REMOVE OOC t.o 1T

* +
ALONG PERFORA1iOll ALONG PERFORATION

Total: 38. 15 4,337.73 Total: 0.00 0.00 0.00

1
11ty
Fed ACA Mid fapita Ins I EE
Fed Wfttheldlng
CA Dlsabl
CA Wi tl"hl ldi1"9

Total: 46.69 300. 00

El.tOVE OCCUIJEllT
-- "CUM IT

� +
l'LONG Pf;P.FOllATION ALO:¥> l'ERFOPATIOfl
 Total: f7.62 4.Slll. 31 Total: o.oo o.oo 0.00

"'''t#JMi+�:t�i.bl�f�:�tfkM#:'>''ktW:=Q@fKt;":::·
2:29
··
Fed Fir.A Miii lblpital Ins I EE 6'7:a 1
Fed Wltthllding 0. 19 103.23
C'.A Disat>11ity 1.67 46.76
(;A Witth:llding 0.00 1 . 10

Total: 10.68 415.31

REMOVE DOCUMENT

J.
REMOVE DOCUMENT
ALONG PERFORATION ALONG PERFORATION

·:.-
 0.00 0.00 0.00

4:91 5:014:911
5,014.98
3.39 5,014.98
fed FICA Mild ltlll>ital Ins I EE 12:12

5,014.98
fed wttlh>lcli111 18.29 121.62
CA DiAl>illty eo. 15
CA Witltioldlng o.n 1.117

41 .58
.. ... .-
Tot.I: 466. 89 '297.09 11!Sl

RCMOVE DOCUMENT RE>.tOVE DOCLME!llT

ALONG · PERFORATION ALOI" PERFORATION
I

0.00 0.00 0.00

i29 4:61&31
4,616.31
4,616.31
Fed FICA Mid ltls!)ftal Ins I EE 67:81

1. 10 4,616.31
Fed wtttm'ld1111 0.19 1()3.23
CA DiAl>l11ty 1.67 46.76
CA Witttoldl'11 0.00

Cloeol -
Total: 10.68 415.31 13'1!6878

REMOVE OOCUMENT

-----"' -- ---------"'""""'� +.
ALONG PERFORATION
h0N3 PERFCAATIOI

- -- "'7-...,.
Total: 23.28 187.59 573.49 5,2112.57 Total: 0.00 0.00 0.00

5'.232:57
5,232.57
5,232.57
Fed FICA Med lb;pfta1 Ins I a: 2:12

6,232.57
Fed Witttolding 3.18
CA Disabilfty 1.118
CA Witttolding 0.00

-.r "a; Am.-

a.cit lloomber Bir'nes lb>le lkldcse1 lers, Inc
Total: 15.ai -472.515 13'!1i&'D $ 1.93 1400 Old Ccultry Ibid, llastbry, NV 1SI
 0.00 0.00 0.00

F«I FICA Mid tapttal h I S: 2:12 78: 16 s::m:;i;

F«I Witl't'oolding 3.3) 1Z7 .9J 5,:BJ .;J;
CA Disab111 ty 1.87 53.9J 5,:BJ.;J;
CA W!ttto ld1n;;i 0.00 1.87 5,:Bl.35

.. ,., lt:ble ansellers, Inc

Total: 15.67 -488. 22 $172._
11 1400 Old Ollltry Ibid, Wl!stllry, NY lmJ
 Tout 0.00 0.00 0.00

2:73 a;:911 s:929:63

3.28 liO.flll U12!1.63
1.89 59.:ll 5,9'19. 63
0.00 2.77 6,929.63

Total: 16.81 541.71

.1.
REMOVE DOCUMENT

.1.
REMO'v OVvul.OENr
ALONG PERFORATIO� Al.ONG PERFORATIO'

0.00 0.00 0.00

Total:

s:m 83:25 s:m: 11

19.50 147 .-40 5,741. 11
3.51 57.41 5,741.11
0.00 2.77 6,741.11

r
- an
�
Totat 43.74 531.96

REMOVE DOCUMENT :t-.T

ALONG PERFORATION AL.)Nll PERFOh..dO••
 Total:

FICA Mild Hospital Ins I EE 2:87 ee:e;

W1tthlldlng 2.81 153.49
Dllltllllty 1 . 84 61. J.4
W1tthlldlng 0.00 2.TI

Elil'nes tt:t>le axl<se lers, nc

Tot1I: 16.lli 562.82 1400 Old CWrtry fblj, lll!StbJry, I« 1 15!Kl

REMOVE DOCUMENT REMOVE DOCUMEN'

.L. i
ALONG PERFORATION ALONG PERFORATIC
 ,.; .

.�
.

CONSTANCE L. CARPENTER SBN 68 1 22

CARPENTER & MAYFIELD
r lL E D
2 730 N. First Street
San Jose, CA. 95 1 1 2 20 \2 HOV \ 3 M� I I : 41
3
Tel : (408) 287- 1 9 1 6 ·�·-&:tf..;.·!.;"· . I.e &.¢f.CM
4
Attorney for JASON LUGARESI '!,;�:J.ij �'a. �\a:la

Br. wV-
5

8
SUPERIOR COURT OF CALIFORNIA
9
COUNTY OF SANTA CLARA
10

11
In re the Marriage of: Case No. : 6- 1 2-FL-009 1 64
12

JASON LUGARESI, SUPPLE:rvtENTAL POINTS AND

afIB
AUTHORITIES IN SUPPORT OF
13
Petitioner, RE ST FOR CHILD CUSTODY AND
14 VIS ATION
and
15
GENELYN LUGARESI, v ATE: December 5 , 20 1 2
16 TIME: 9:00 A.M.
Respondent · DEPT: 80
17

18
Petitioner, JASON LUGARESI, submits the following points and authorities in
19
support of his motion for child:
20
STATEMENT OF FACTS
21
The facts in this matter have been previously stated in Petitioner' s Points and
22
Authorities filed October 5 , 20 1 2.
23

24
Jason Lugaresi has held out the minor child to be his child for the past 5 Yi years.
The child calls him "dad, daddy or papa" and believes that Jason is his father. Petitioner
25
and Respondent held the child out to teachers, neighbors and friends as Petitioner's son.
26
Ill
27
Ill
28
- 1 -

SUPPLEMENTAL POINTS AND AUTHORITIES RE: REQUEST FOR CHILD VISITATION

 \,

I.
2
THE COURT MAY AWARD VISITATION TO
3
A PARTY SEEKING TO ESTABLISH PARENTAGE
4 Petitioner has filed for dissolution of marriage and has named the minor child as a
5
child of the marriage. As stated above, he has consistently held �imself out as the father
6 of the minor child.
7
California Family Code § 6346 allows the court to award visitat�on to a party who
8
is seeking to establish parentage and has taken concrete steps to do so, such as filing an
9 action to establish parentage.
10 Here, Petitioner has filed this action for dissolution, child custody and visitation.
11 He has made out a prima facie case that he is indeed the presumed father of the child as
12 he has held himself out as such for many years. Petitioner has indicated by his actions
13
since the child's birth and �ince including him as a child of the marriage in this action
14 that he i s willing and available to assume the role o f parent to this Julian.
15
Under these circumstances, the court may order child visitation pursuant to Family
16 Code § 6346 and should do so here.
17

18 II.
19
THE COURT MAY AWARD VISITATION
20
RIGHTS TO A STEP-PARENT
21
California Family Code § 3 1 0 l states in relevant part as follows:.
22 "Notwithstanding any other provision of law, the court may grant reasonable
23 visitation to a stepparent, if visitation by the stepparent is determined to be
·

in the best interest of the minor child.

24

25 ' Stepparent means a person who is a party to the marriage that is the subject
26
of the proceeding with respect to a minor child of the other party to the
marriage."
27

28
-2-

SUPPLEMENTAL POINTS AND AUTHORITIES RE: REQUEST FOR CHILD VISITATION

 - --
MC-050
, .- FOR COURT USE ONLY
..
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar numbar, and address):
1- CONSTANCE --·\'w.J, -...-. . - · :
'",•. , ,

CARPENTER SB# 6 8 1 2 2 ·

I
CAR PENTER AN D MAY F I E L D
7 3 0 North F i r s t S t reet .

San Jose , CA 9 5 1 1 2
FAX NO. (Optional): 4 Q8 287 9857
··F1 C E D
E-MAIL ADDRESS (Optional) :
TELEPHONE NO.: 4 0 8 287 1916

20 1 2 NOV - 8 �M 1 1 = 4 4

Co\:;.1'rtC;"O·�
'''' :�il>J1
ATTORNEY FOR (Name) : Ja son Luga r e s i I

i)o;),,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
, llj:
STREET ADDRESS: 1 7 0 Pa r k Avenue
MAILING ADDRESS: 1 9 1 N . F i r s t S t r e e t
CITY AND ZIP COOE: s an Jo s e , CA .
BRANCH NAME: FAM I L y LAW D I V I S I ON
95113 ' t

CASE NAME:
MARRIAGE OF JASON AN D GENELYN LUGAR E S I
CASE NUMBER:
SUBSTITUTION OF ATTORNEY CIVIL •

6 - 1 2 - FL - 0 0 9 1 6 4
(Without Court Order)

THE COURT AND ALL PARTIES ARE NOTIFIED THAT (name): Ja son Luga r e s i makes the following substitution:
1 . Former legal representative IXJ Party represented self D Attorney (name):
2. New legal representative D Party is representing selr !XI Attorney .

a. Name: Cons ta nee C a rpe n t e r b. State Bar No. (if applicable): 6 8 1 2 2

c. Address (number, street, city, ZIP, and law firm name, if applicable):
CAR PENTER AN D MAY F I EL D
7 3 0 North F i r s t S t reet 'i

d. Telephone No. (include area code): ( 4 0 8 ) 2 8 7 1 9 1 6

San Jos e , CA 9 5 1 11

3. The party making this substitution is a D plaintiff D defendant !XI petitioner D respondent D other (specify):

*NOTICE TO PARTIES APPLYING TO REPRESENT THEMSELVES

• Guardian • Personal Representative • Guardian ad I item · .

• Conservator • Probate fiduciary • Unincorporated

• Trustee • Corporation association

If you are applying as one of the parties on this list, you may NOT act as your own attorney in most cases. Use this form
to substitute one attorney for another attorney. SEEK LEGAL ADVICE BEFORE APPLYING TO REP�ESENT YOURSELF.

NOTICE TO PARTIES WITHOUT ATTORNEYS ,

A party representing himself or herself may wish to seek legal assistance. Failure to tcl ke
timely and appropriate action in this case may result in serious legal consequences. !

4. I consent to this substitution.

Date: 1 1 I 6 / 2 0 1 2

,Jason T.!lgaresi
(TYPE OR PRINT NAME)

5. !XI I consent to this substitution.

Date: 1 1 / 6 / 2 0 1 2

.Jason r.ugaresi
(TYPE OR PRINT NAME)

6. !XI I consent to this substitution.

�_
;. y
--· --
-+-----'--
Date: 1 1 / 6 / 2 0 1 2

Constance Carpenter � -
· -·

(TYPE OR PRINT NAME) (SIGNATURE OF NEW ATTORNEY)

(See reverse for proof of service by mail) P•go 1 of 2

rWI ldal'tf•Dnui\
Fonn Adoplod For Mandatory Use Code of Civil Procedll'e. §§ 284( 1) 285;
Judicial Council ot Califomoa SUBSTITUTION OF ATTORNEY - CIVIL
.

Cal. Rules of Court, rule :l. 1362

MC-050 (Rov. January 1 , 2009]
� EmHTIAL FORMS'" (Without Court Order)
LUGARE S I , Jason
www.courlinfo.ca.gov
 MC-050
CASE NAME: CASE NUMBER:
' MARRIAGE OF JASON AN D GENELYN LUGARESI
.�

PROOF OF SERVICE BY MAIL

Substitution of Attorney - Civil

Instructions: After having all parties served by mail with the Substitution ofAttomey-Civil, have the person who mailed the document
complete this Proof of Service by Mail. An unsigned copy of the Proof of Service by Mail should be completed and served with the
document. Give the Substitution of Attorney-Civil and the completed Proof of Service by Mail to the clerk for fiiing. If you are
representing yourself. someone else must mail these papers and sign the Proof of Service by Mail.

1 . I am over the age of 1 8 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. My
residence or business address is (specify): 7 3 0 N o r t h F i r s t S t reet
San Jo s e , CA 9 5 1 1 2
2 . I served the Substitution of Attorney-Civil by enclosing a true copy in a sealed envelope addressed to each · person whose name
and address is shown below and depositing the envelope in the United States mail with the postage fully prepaid.

(1) Date of mailing: 1 1 / 6 / 2 0 1 2 (2) Place of mailing (city and state): S a n Jo s e , C a l i fornia

3. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: /1 /l/J )-
,Jeff I.ake
(TYPE OR PRINT NAME)

·
NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED :

4. a. Name of person served: Ja son P i n t a r

b. Address (number, street, city, and ZIP): 2 0 2 1 T h e Al ameda , S u i t e 3 1 0
San Jos e , CA 9 5 1 2 6

c. Name of person served:

d. Address (number, street, city, and ZIP):

e. Name of person served:

f. Address (number, street, city, and ZIP):

g. Name of person served:

h. Address (number, street, city, and ZIP):

i. Name of person served:

j. Address (number, street, city, and ZIP):

D List of names and addresses continued in attachment.

MC-050 (Rev. January 1. 2009) Pago 2 of 2

SUBSTITUTION OF ATTORNEY - CIVIL
(Without Court Order)
LUGARE S I , Jason
 Superior Court Of Cal i forni'
Minute Orde r - FAMILY LAW & MOTION
HONORABLE MARGARET S . JOHNSON

Calendar For : 11/07/12 Page : 1

Not Reported
Reporter : I,API98/ Citi¥V:S:;?; Clerk : Lisa Nugent Ba i l i f f : Manny Valdivia

Dept : Dept 8 0

16 . 0 9 : 0 0AM Cas e : 6 - 1 2 - FL - 0 0 9 1 64 Jason Lugare s i and Gene lyn Lugare s i

Type : Di s solut ion Of Marriage / W i th Minor Date F i l ed : 1 0 / 0 5 / 1 2
SubTyp e :

Event : FL Req for Ord : Cus t ody/Vi s i t / Support Re s u l t Code :

A:fk:J s-. fi:V*1A-V �f'rl(_

Text : ( p ) s / s , atty f / c - a l _ /)

PTR - 0 0 0 1 Jason Lugare s i �

/' �a..,.S. ()ill
/1 A... � sizt.M. c.e... ..- tz<A
RSP - 0 0 0 1
MNR - 0 0 0 1
Gene lyn Lugare s iV
04/19/06 � Obp�-fb.-.r-
WV
. . ;es(>
_/"' -1-.

------ ------
�
LANGUAGE INTERPRETER FOR

t::r'P
PETITIONER ( ENT ) NOT PRESENT
RES PONDENT ( RESENT ) :NOT PRESENT
STI PULATION ( ) BY

SET
) SETTLEMENT D I S CUSS IONS WITH ( ) JUDGE PRO TEM ) APJ

) RECALLED--r------;tJo��--t�:.._-
) BENCH WARRANT · I S SUED FOR __________ ) BAIL IN THE AMOUNT OF
) BENCH WARRANT ( ) STAYED TO _________ ) SET ASIDE (
) MOTHER ( ) FATHER TO SIGN UP FOR MEDIATION AND ORIENTATION
) EMERGENCY SCREENING
) PARTIES REFERRED TO ( ) CL I N I C ( ) FAMILY COURT SERVICES ( ) SELF HELP CENTER
COUNSEL FOR ( ) PETITIONER ( ) RE S PONDENT TO PREPARE ORDER
( ) PETITIONER ( ) RE S PONDENT TO PREPARE ORDER ( ) PARTIES REFERRED TO CLINIC TO PRE PARE ORDER
 SUPERIOR C.. v vRT OF CALI FORNIA, COUNTY .._ _ SANTA CLARA
191 N. First S t reet
San Jo s e , CA 9 5 113 - 1 0 9 0 ·

· F \ \_ E D
101 1 NOV - I A \O: 4 I
TO : FILE COPY

RE : Jason Lugare s i and Gene lyn Lugar e s i

CAS E NUM : 6 - 1 2 - FL - 0 0 9 1 6 4

STATUS CONFERENCE NOTICE

You mus t go the S t atus Con f erence s c heduled for :

Dat e : 02/06/13
Time : 0 1 3 1 PM
Department : Dept 8 0
Addr e s s : Sunnyvale Fami ly Court 6 0 5 W . El Camino Real
Sunnyval e CA 9 4 0 8 7
Phone ·Numbe r : 4 0 8 4 8 1 3 5 0 0

See the next page for informat ion about why a Status Con f e rence has been
scheduled , what you need to do be fore your S tatus Conf e re nce , how to appear
by t e lephone , how to re schedule t h i s dat e , i f neede d , and where to get more
informat i on .

Bring your calendar to the Status Confe rence . Add i t ional court date s may
be s e t .

Part i e s /At torneys of Record :

CC : Jason L . Pintar , Jason L . P intar Law O f f i c e

2 0 2 1 The Alameda , S u i t e 3 1 0 , San Jos e , CA 9 5 1 2 6
Jason Lugare s i
1 4 2 9 9 Mulberry Drive , Los Gato s , CA 9 5 0 3 2

I f you , a party represented by you, or a witness t o be called on beha l f o f that party need an accorrrnod ation under the American with

Disab i l i t i e s Ac t , please contact the Court Admi n i s t rat or ' s o f f ice at ( 4 08 ) 8 8 2 - 2 7 0 0 , or use the Court ' s TDD line , ( 4 0 8 ) 8 8 2 - 2 6 9 0 or

i:he Voice /TDD Cali forna Relay Service , ( 8 0 0 ) 7 3 5 - 29 2 2 .

DECLARATION OF SERVICE BY MAIL : I declare that I served this notice by enclosing a true copy in a sealed envelope, addressed to each

person whose name is shown above , and by depositing the envelope with postage f u l l y prepa i d , in the United States Mail at

San Jose, CA on 11021 2 . DAVID H . YAMASAKI , Chief Executive O f f icer/Clerk by Angelika Lynch , Deputy
 .,

STATUS CONFERENCE INFORMAT I ON

What is a S t atus Conf erenc e ?

- In general , a Status Con f e rence i s a chance f o r the Court to review your case
with you to de t e rm i ne what s t eps are l e f t to � inish ; It is not the date your
case i s f inishe d , with exc eption s .
- I t ' s a date where you have the chance to agree about i s sue s in your case , t e l l
the court about your progre s s or t e l l the court where you need i t s help with
dec i s ion - making .
- I f both part i e s are repre sent ing themse lve s , court s t a f f wi l l review your f i l e ,
he lp you unders t and the proce s s and r e f e r your case to d i f f e rent resource s that
can he lp you f in i sh your case .

Do I have to go to the S t atus Con ferenc e ?

- For part i e s who have an a t t orney the a t torney can appear i n person or by
t el ephone . See informat i on about CourtCa l l , below .
- Se l f - represented part i e s mus t go to the Conf e rence i f they want the Court ' s
he lp f ini shing the i r c a s e .

What do I do BEFORE the S t atus Confe renc e ?

- Be fore the Status Con f e rence you mus t mee t with the other party , o r the ir
attorney if they have one , and talk about what you agree and disagree about .
- Please do not mee t with the o the r party i f there i s a re s t raining order . Wait
for the Con f e rence date .
- I f you want the Court to know about what i s sue s you and the other party
di sagree about , you can f i l l out a Case Re solut ion Con f e rence S tatement
( FM - 1 0 1 0 ) . Fol l ow the i ns t ruc t i ons on the form to f i l e and s e rve .

What if I c an ' t come to the S t atus Con f erenc e ?

- I f both part i e s agre e , you may be able to change your S tatus Conference date
the f ir s t t ime by phone or by subm i t t ing form FM - 1 0 5 9 . I f there is no
res t raining orde r prot e c t i ng e i ther party , c a l l the other party , agree to a
new date and c a l l the Clerk ' s Of f i ce at least 3 0 days b e fore �he S tatus
Conf e rence dat e .
- Othe rwi se f i l l out Loca l Form FM - 1 0 5 9 and explain why you want to change your
S tatus Confe rence dat e . Fol low the instruct ions on the f orm .

If I ' m al lowed to , how do I appear by t e l ephone ?

- To appear at a Status Con f e rence by t e l ephone , c a l l CourtCa l l at
1 - 8 8 8 - 8 8 - COURT , 8 : 0 0 a . m . to 5 : 3 0 p . m .
- Te lephonic appearance s are only avai labl e through CourtCa l l , �ot by call ing the
court room direc t l y . .
- Genera l l y , par t i e s / at torneys may appear by phone by s e rving and f i l ing with
CourtCa l l ( not the court ) a reque s t for te lephonic appearance 1f orm AT LEAST 1 5
days before the S tatus Conf e renc e dat e .
- The reque s t ing party/at torney i s re spons ible for not i fying a l l other part ies
o f the reque s t .
- There i s a cost to appear by phone .

Whe re can I get more i n f o rmat i on?

- Read the Court ' s Local Rul e s at :
http : / / www . s c s court . org/ court_di v i s ions / f am i ly/ fami ly_ru l e s / fam i ly_rul e s . shtml
 -
Superior Court O f Ca l i fornia
M inut e Order - FAM I LY LAW & MOTION
HONORABLE MARGARET S . JOHNSON

Ca lendar For : 12/05/12 Page : 1

Reporte r : � CII-A-VE� Clerk : L i s a Nugent Bai l i f f : Raymond Giu s ti

Dept : Dept 8 0

12 . 0 9 : 0 0AM Cas e : 6 - 1 2 - FL - 0 0 9 1 6 4 Jason Lugare s i and Gene lyn Lugare s i

Type : D i s solut ion Of Marriage /With Minor Dat e F i l ed : 1 0 / 0 5 / 1 2
SubTyp e :

Event : FL Req for Ord : Cus t ody/Vi s i t / Support Result Code :

Text : ( p ) s / s , atty f / c - a l ; c / f mins o f 1 1 / 7 / 1 2 hrg , prima
f a c i e showing of parentage - kml

PTR - 0 0 0 1 Jason Lugar e s i � �

Atty : Cons tance L . � a�p�nter l/"
RS P - 0 0 0 1 Gene lyn Lugare s i V"cf!>vuYY
Atty : Jason L . P intar (../"
MNR- 0 0 0 1 04/19/06

�������- LANGUAGE INTERPRETER FOR. �������-

( ) RTIFIED ) SWORN
PETITIONER (V1'yR°ESENT ( ) NOT PRESENT COUNSEL FOR PETITIONER ( £)"/ � SENT ) NOT PRESENT
RESPONDENT (v(PRESENT ( ) NOT PRESENT COUNSEL FOR RESPONDENT ( {.)'PRESENT ) NOT PRESENT
) MATTER I S OFF CALENDAR : ( ) NO APPEARANCE ( ) BY STI PULATION ( ) BY COURT ( ) MOVING PARTY
) MATTER CONTINUED TO �������
) WRITTEN STIPULATION SUBMITTED AND ADOPTED ( ) STIPULATION RECITED ( ) TO BE REISSUED
AT
FOR ������� TIME ESTIMATE
������ ������� �������
) EXISTING ORDERS TO REMAIN IN EFFECT EXCEPT AS MODIFIED BELOW
) ADDITIONAL DATE ( S ) SET : AT DEPT
������
FOR TIME ESTIMATE�������
) REFERRED TO CALENDAR FOR.
) TRIAL DATE REMAIN AS SET ( ) COURT DATE VACATED �������

) SETTLEMENT DISCUSSIONS WITH ( ) JUDGE PRO TEM ) APJ

�
) BENCH WARRANT ISSUED FOR ) BAIL IN THE AMOUNT OF �������

( ) BJNCH WAR�· ) STAYED TO ) SET ASIDE ( ) RECALLED

�OTHER ( �ATHEE R T S IGN UP FOR MEDIATION AND ORIENTATION
( ) E�GENC� /
(�ARTIES JEMt�TO ( ) CLINIC C0FAMILY COURT SERVICES ( ) SELF HELP CENTER
COUNSEL FOR ( ) PETITIONER { ) RESPONDENT TO PREPARE ORDER

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TO OR
I eiii;:!f;
ORDER

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OTH E R ORDERS ATTACH M ENT TO M I N UTES

LIST OF EXHIBITS IDENTIFED AND MARKED FOR 12/5/ 1 2 LAW & MOTION HEARING:

For Petitioner:

Exh. 1 : Fiance Visa Petition Approval Letter ADMITTED

Exh. 2 : Four pages of photographs ADMITTED
Exh. 3 : Kindergarten enroll ment a pplication in Korean with
translation by Petitioner NOTADMITTED
Exh. 4: Address record for students in Ia n's class in Korean
with translation by Petitioner NOTADMITTED

For Respondent:

Exh A: Copy of Filipino birth certificate NOTADMITTED

Exh B : Copy of passport NOTADMITTED
Exh C: Copy of US Visa NOTADMITTED
Exh D: Copy of Korean Visa NOT ADMITTED
Exh E: Copy of Korean Alien Registration card NOTADMITTED
Exh F: Copy of US Green Card NOTADMITTED
Exh G : Copy of church record NOTADMITTED

OTH E R ORDERS ATTACH M ENT TO M I N UTES

Rev. 11/7/03 PAGELoF.b.

 . .... ·FL.�335
-- - ·

- JAS ON L . P I NTAR , ESQ . ( # 2 1 2 4 5 2 )

ATIORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE OHL Y

Law O f f i c e s o f Ja s on L . P i n t a r
2 0 2 1 T he Alameda , S u i t e 3 1 0
San Jo s e , CA 9 5 1 2 6

F \ LE D
TELEPHONE NO.: ( 4 08 ) 983-0500 FA)( NO. (Optional): ( 4 0 8 ) 9 8 3 "- 1 0 0 9

E-MAIL ADDRESS (Options/):

GENELYN LUGARE S I , Re spondent

p 2< 3 1
ATIORNEY FOR (Name):

STREET ADDRESS: 6 0 5 w .
lUll Q(,1 3 \
SUPERIOR COURT O F CALIFORNIA, COUNTY OF SANTA CLARA

MAILING ADDRESS: 6 0 5 w .
E l C amino Rea l

�.i. �.l ....v,,,, ,,...._, Vc.ot<. ';

'<)(,$,�
- ':"\�
";"N
E l Camino Rea l
Sunnyva l e , CA 9 4 0 8 7
c1TY ANDz1P cooE:

eRANcH NAME: Family Law

.. f_, ·)';�
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. :-.,_·A...... _:.. n··1
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Div i s i on .. .. - --·· · �
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PETITIONER/PLAINTIFF: JASON LUGARE S I

.:r, •· ··
CASE NUMBER: ·

6 - 1 2 - FL - 0 0 9 1 6 4
RESPONDENT/DEFENDANT: GEN ELYN LUGARES I
(it sppficsble, provide):

OTHER PARENT/PARTY: HEARING DATE: 1 1. I 7 I 1 2

HEARING TIME: 9 : :0 0 a . m .
PROOF O F SERVICE BY MAIL
DEPT.: 80
NOTICE: To serve temporary restraining orders you m ust use personal service (see form FL-330).

1 . I am at least 1 8 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. My residence or business address is:
2 0 2 1 The Al ameda , S u i t e 3 1 0
San Jo s e , CA 9 5 1 2 6

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

1. Response ( Fami l y Law ) ;
2. Re spon s ive D e c l a r a t i o n t o 'Reque s t f o r Orde r ;
3. Memorandum o f P o i n t s and Aut h o r i t i e s i n Support o f Re spons ive
Declarat i on to Requ e s t f o r Orde r .
by enclosing them in an envelope AND

b. D placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary
a. IXI depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.

business practices. t am readily familiar with this 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.

a. Name of person served: JASON LU GARES t

4. The envelope was addressed and mailed as follows:

b. Address: 1 4 2 9 9 Mu lberry Drive

Los Gat o s , CA 9 5 0 32
c. Date mailed: October 3 1 , 2 0 1 2
d. Place of mailing (city and state): S a n Jo s e , C a l i f o r n i a
5. D I served a request to modify a child custody, visitation, o r child support judgment o r permanent order which included an
address verification deClaration. (Declaration Regarding Address Verification-Postjudgment RequestI to Modify a Child
Custody, Visitation, or Child Support Order (form FL-334) may be used for this purpose.)

6. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: October 3 1 , 2012

,JASON I, PINTAR� ESQ
(TYPE OR PRINT NAME)
Paga 1 of 1

rLl) Monln Oton)

Fonn Approved for Optional Uae PROOF OF SERVICE B Code of Civil Procedure, §§ 1013, 1013a
Judicial Council of California www.courls.ca.gov
FL-335 {Rev. January 1, 20121
� EsSENTIAl FORMS- LUGARE S I
 FL-320
- -- ����.,.--����--.
ATIORNEY OR PARTY WITHOUT ATIORNEY (Name, Stele Bar number, end address): FOR COURT (/SE OHL. Y
JASON L . P I N TAR , E S Q . ( #212452)
Law Of f i c e s o f J a s o n L . P i n t a r
2 0 2 1 T h e Ai ameda , S u i t e # 3 1 0 \ l_.E D
San Jo se , CA 9 5 1 2 6
TELEPHONE NO.: ( 4 Q 8 ) 9 8 3 - Q 5 Q Q FAX NO. (Optional): ( 4 Q 8 ) 9 8 3 - 1 Q Q 9
ull CCT 3 l P · 2: 3 8
E-MAIL ADDRESS (Optional}:
ATIORNEY FOR (NameJ:G E N ELYN LUGARE S I
SUPERIOR COURT OF CALIFORNIA, COU NTY OF SANTA CLARA
sTREET ADDREss: 6 0 5 W . E l Camino Rea l
MAILINGADDRess: 6 0 5 W . E l Camino Rea l
c1rv ANo z1P cODE: Sunnyva l e , CA 9 4 0 8 7
eRANCH NAME: Famil Law D i v i s ion
PETITIONER/PLAINTIFF: JASON LUGARES I

RESPONDENT/DEFENDANT:G'EN E L YN L U G AR E S I

OTHER PARTY :
CASE NUMBER:
RESPONSIVE DECLARATION TO REQUEST FOR ORDER
1--����---1
6 - 1 2 - FL - 0 0 9 1 6 4

i {B_Q_ �··- )
_ _ HEARING DATE: TIME: DEf'/!.RTMENT·ORROOM:
----"\
1 1. L7_l2.0.l.2_j 9 : 00 a .m.
IX) CHILD CUSTODY
. .�

1.
a. D I consent to the order requested.
b. W I do not consent to the order requested, but I consent to the following order:

2. IX) CHILD VISITATION (PARENTING TIME)

a. CJ I consent to the order requested.
b. W I do not consent to the order requested, but I consent to the following order:

IX) CHILD SUPPORT

a . Cl I consent to the order requested.
3.

J
b. 0 I consent to guideline support.
c. W I do not consent to the order requested, but I consent to the following order:

(2) Ill Other (specify):

( 1 ) Cl Guideline
Child support is not appicable in this case .

4. IX) SPOUSAL OR PARTNER SUPPORT

a. D I consent to the order requested.

c. Cl I consent to th'e following order:

b. W I do not consent to the order requested.

Page 1 of 2

fWl MortloDnro\
Form Adopted for Mandatory Use RESPONSIVE DECLARATION TO REQUEST FOR ORDER www.courls.ca.gov
Micial Council of California
FL-320 (Rev. July 1 , 20121 LUGARE S I
� ESSENTIAl fDRMS"'
 \. FL-320
PETITIONER/PLAINTIFF: JASON LU GARE S I CASE NUMBER:
6 - 1 2 - FL - 0 0 9 1 6 4
._
RESPONDENT/DEFENDANT:GENELYN LU GAR E S I

OTHER PARTY:

5. IX) ATTORNEY'S FEES AND COSTS

b. IX) I do not consent to the order requested.

a. D I consent to the order requested.

c. 0 I consent to the following order:

6. 0 PROPERTY RESTRAINT
a. D I consent to the order requested.
b. D I do not consent to the order requested.
c. D I consent to the following order:
_

7. D PROPERTY CONTRO L
a. D I consent to the order requested.
b. D I do not consent to the order requested.
c. 0 I consent to the following order:

8. IX) OTHER RELIEF

a. D I consent to the order requested.
b. IXI I do not consent to the order requested.
c. D I consent to the following order:

IX) SUPPORTING INFORMATION

I

IX) Contained in the attached declaration. (You may use Attached Declaration (form MC-031 ) for this purpose).
9.

NOTE: To respond to domestic violence restraining orders requested in the Request for Order (Domestic Violence Prevention)
(form DV-1 00), you must use the Answer to Temporary Restraining Order (Domestic Violence Prevention) (form DV-1 20).

I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachmer;its are true and correct.

Date: 1 0/ 3 0 / 1 2

(TYPE OR PRINT NAME) ../ }(SIGNATURE OF DECLARANT)

FL-320 (Rev. July 1, 2012( RESPONSIVE DECLARATION TO REQUEST FOR ORDER
��;E;T;0fDRM5'"
Pago 2 ol 2

LUGARE S I
 I
·..

JASON L. PINTAR, ESQ. (#2 1 2452)

Law Offices of Jason L. Pintar
2
2021 The Alameda, Suite 3 1 0
3 San Jose, CA 95 1 2 6
TEL (408)983-0500
4
FAX (408)983-1 009
5
Attorney for Respondent,
GENELYN LUGARESI
6

7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8

9 COUNTY OF SANTA CLARA

JO
FAMILY LAW DIVISION
11
JASON LUGARESI, Case No. : 6- 1 2-FL-009 1 64
12
Petitioner,
13 ECLARATION OF
vs. GENELYN LUGARESI
14
GENELYN LUGARESI,
15
Respondent
16

I, GENELYN LUGARESI, declare as follows:

17

18
l. I am the Respondent in the above captioned matter. If called as a witness, I could and
19

20 would testify competently to the facts stated herein. I am submitting the following in response to

21 Petitioner's Motion for Custodial Rights.

·22
2. Petitioner and I first met in the Philippines in 2003 while Petitioner was a Missionary
23

24 for The Church of Jesus Christ of Latter Day Saints (Mormon Church). Missionaries are not allowed

25 to have romantic relationships, therefore, after Petitioner returned home to the United States he came
26
back to the Philippines to pursue a relationship with me in 2005. When he returned, we were not in a
27
relationship as he would like to imagine. We never lived together and we never had a physical
28

29 relationship. I continued to date other men during this time and Petitioner returned to the United
30
States frustrated ·that we weren't an exclusive couple.

Declaration of Genelyn Lugaresi; Marriage of Lugaresi; Case No. :6-12-FL-009164

 '

3. I became pregnant with another man during this time. Petitioner returned to the
2
Philippines, and when he discovered that I was pregnant, he encouraged me to abort the child. This is
3
despite our religious beliefs which are contrary to abortion. When I refused to abort my child,
4

5 Petitioner returned to the United States. Petitioner was in the United States when my son, Julian

6
("Ian"), was born on April 1 9, 2006 in the Philippines. Seven (7) months later, Petitioner returned to
7
the Philippines and he and I began a relationship. We were later married on May 20, 2007, after Ian
8

9 was one ( 1 ) year old.

10 4. We lived in Korea for ·a period of time and then I came to the United States with my
11
son and Petitioner on March 3 1 , 20 1 2. Petitioner's statement is false when states that his name is on
12

13 most documents for my son. My son's alien registration card in Korea and his green card in the

14 United States lists the name of Julian Gabutan. He was only listed on my son's emergency card in
'

15
kindergarten for just that purpose: an emergency.
16
5. Petitioner brought me to the United States with my son and I was forced to live in
17

18 squalid conditions at his parents' home. My son and I were not actually allowed to live in
:
19
Petitioner's family's home. We were forced to live in an old broken-down c�per in the garage
20
which was full of junk. We were forced to stay in the garage like dogs where everything smelled of
21

22 gasoline. The camper had no fresh air or natural light. Petitioner lived in his parents home and

23
enjoyed meals with his parents and family while we were banished to the garage in a camper. My
24
son and I were given a hot plate to cook out meals on. We were never allowed in the house except to
25

26 get water to drink. Attached hereto as Exhibit "A" are true and correct pictures of the camper and

27 garage we were forced to live in. (Color photographs are available as well).
28
6. Petitioner has never provided for my son nor myself financially. I have often worked
29

30
two (2) jobs to support us. After I arrived in the United States, however, Petitioner's family made me

Declaration of Genelyn Lugaresi; Marriage of Lugaresi; Case No.:6-J2-FL-009164

2
 sign documents so that my paychecks would go directly into his parents' bank account because of
2
their own financial difficulties. Petitioner's family would not have much to do with Ian or me and
3
treated us very coldly.
4

5 7. P�titioner is a thirty (30) year old man who lives at home with his parents. He would

6 babysit my son ,by playing hours and hours of violent video games with him,;'. usually while I was
7
working. I continually objected to this. These· games encouraged my son to celebrate stabbing,
8

9 shooting, beheading and killing! l pleaded with Petitioner for him to stop this behavior and to take

10 financial responsibility.
11
8. The video games were the source of our argument that led to our argument that ended
12

13 in my arrest. Petitioner was playing violent video games with my son and I attempted to remove my

14 son from the video games. A true and correct copy of the type of violent video games that Petitioner
15
plays with Ian and himself is attached hereto and incorporated herein as Exhibit "B". Petitioner
16
pulled on my son and I bit his hand to release him. Petitioner's brother, who was also present,
17

18 knocked me to the floor (all 1 1 0 pounds of me). Petitioner then called the police and reported me for
19
domestic violence. I was arrested and handcuffed in front of my son. Afterward, when I appeared in
20
criminal court, the charges were promptly dismissed.
21
22 I 0. · When I was released from jail, Petitioner refused to let me see my son or return to the

23 property where I was living. He was ambivalent about whether I was staying on the street or in a

homeless shelter. Fortunately, though, through the help of our Church leaders, i was able to reunite
24

25

26 with my son.

27 11. The one silver lining in this horrible experience for me was that I have received

An
28
generous help from my Church leaders. older couple in our Church have taken my son and I into
29
30 their home and shown us true charity. The husband is akin to a pastor in our Church. They have

Declaration of Genelyn Lugaresi; Marriage of Lugaresi; Case No.:6-l 2-FL-009164

3
 \

been a blessing in my life. Their children are fully grown adults with .their OW11 families so Ian and I

have our own rooms. I have been able to obtain full-time employment with benefit� and I have gotten
2

3
Ian medical coverage (we had no medical coverage before). I am working toward becoming
4

s financially self-�eliant. The wife where I live is licensed and operated a daycare business for

6 approximately 30 years. She is wonderful with Ian.

1 2.
7
Simply put, the Petitioner and his family are not good p·eople. His family member(s)
8

9 would call me a "whore" in front of my son. My son and I were forced to live in horrible conditions

I0 in their garage and I was forced to work and give them money while Petitioner sat' around and played
11
violent video games . . Now that Ian and I have separated ourselves from that situation, we are both
12

13 finally happy and optimistic about our future. It is in both of our best interests that Petitioner nor his

14 family have any contact with us. "

·'
'

15
13. Petitioner and his family do not believe in vaccinations for some reason. Petitioner
16
coughed blood many times when we were in Korea yet would not see a doctor. His family has tested
17

18 positive for tuberculosis. He nor his family refused to have Ian nor I tested for tuberculosis. After we
19
left, we tested for tuberculosis and fortunately Ian did not have it. I tested positive, however, I
20
fortunately discovered that it was a false positive and I do not have tuberculosis.
21

22 1 4. Petitioner has the hubris to ask for spousal support and attomey�s fees. His requests

23 are procedurally defective, because he did not serve an Income and Expense Declaration. Aside from

&
24
this, to the best of my knowledge, Petitioner works part time at a Barnes Noble store and spends
25 .

26 the rest_ of his time playing violent video games while living with his parents.)' He has no basis to

27 make these requests and they should be denied.

28
15. Petitioner is not the biological father of Ian. There has been ho adoption or any legal
29
30
proceeding to make . him the father. Most importantly, though, Petitioner has n�ver been a father to

Declaration ojGenelyn Lugaresi; Marriage of Lugaresi; Case No.:6-12-FL-009164

4
 ,

Ian in any sense of the word, legally or otherwise. He has neyer supported us. He forced us to live in
2
his p�ents' garage with a hot plate while he played video games in the house. There is no law or

legal standard which confers upon him any parental rights.

3

6
I declare under penalty of perjury under the laws of the State of California that the foregoing

is true and correct.

7

10 DATED: October 30, 20 1 2 (Signature Appears on Responsive Declaration)

GENELYN LUGARESI
.
11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

Declaration of Genelyn Lugaresi; Marriage of Lugaresi; Case No. :6-l2-Fl-009164

5
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