By Eric J. Trochez
WOODLAND – After a lengthy game of “cat and mouse,” as plaintiff Nazia Iqbal describes it, Yolo County Superior Court Judge Dan Wolk ruled in favor of the plaintiff, allowing her to serve summons by posting them at the residences of her brother and sister.
The family squabble, now gone public, was fierce and frank. One party even challenged the judge, noting they didn’t trust him.
Nazia Iqbal attempted several times to serve summons to appear in court to her brother Mohammad Mohsan Iqbal and sister Shazia Jabeen since the last court proceeding on this matter on July 7. However, they were never home to receive the summons and never responded to emails regarding these summons.
As a result, she called for an ex parte for her siblings.
The ex parte was held via Zoom in Department 9 of the Superior Court of California, County of Yolo, with all parties present. This ex parte hearing was for an unlawful detainer lawsuit against Mohammad and Shazia.
Nazia was able to provide evidence that she attempted to serve the summons with reasonable diligence with her brother since the last court proceeding in relation to this serving. As such, the court granted she could serve the summons by posting for him.
Judge Wolk acknowledged the reasonable diligence Nazia put forth to serve her brother, but proceeded to explain that he hasn’t seen “a single scintilla of evidence” that she has done this with her sister.
Nazia then had to provide evidence that she implemented this same effort of reasonable diligence with her sister. Through her own efforts and with the help of a private investigator, and the same procedure she used to try to serve her brother, Nazia was able to explain how she did attempt to serve her sister with reasonable diligence.
Nazia would try to communicate with Shazia via email and visit her at her home in Davis while simultaneously having her private investigator do the same at her residence in Virginia. Neither was successful because Shazia was bouncing back and forth between her multiple residences, claims Nazia.
“They’re playing cat and mouse games with me,” says Nazia. “I have work, taking care of my dementia dad and two kids and they come to court, but they’re avoiding service,” continues Nazia.
“She’s making my life hell,” complains Nazia.
After a lengthy explanation, Judge Wolk agreed that Nazia has indeed attempted to serve her sister with reasonable diligence. After sending the appropriate paperwork that serves as proof, Judge Wolk will approve the motion to serve the court summons by posting for her sister, Shazia.
Shazia, however, had her own reasons for not answering the summons and appearing in court via Zoom.
“All these complaints she’s having about having problems serving us? I’d like to bring a history of service attempts of all of the service attempts we’ve tried to make and they never opened their doors.
“I’m not here to play games, your honor.” Shazia responds.
Shazia expressed her frustration with not having seen her dad in a long time as well. “ I have a court order,” says Shazia (in relation to seeing her dad). “You want to talk about your contempt to court?”
Shazia explained how all of the email attempts Nazia has sent were conveniently sent on Fridays to show up to court on a Monday.
She proceeded to explain how she has a 9 to 5 job, she didn’t steal her parents’ money so she doesn’t have $500,000 and a fully-paid house. She also explained the difficulty her sister Nazia has been causing her by continuously having the police arrive in her neighborhood and knocking on her door.
“My father said to take care of him and I’m in the process of getting him back,” says Shazia. “And all of your sob stories? You can give that to someone else. ‘Cos I’m not here for that,” continued Shazia.
“I’m tired of my narcissist sister.” Shazia then proceeded to explain how her sister has many issues, how she was admitted to a mental institution, and has been playing the “system” (in reference to court and the legal system). Shazia also stated how her sister has filed Temporary Restraining Orders on just about everyone in the family, including her, even though she isn’t regularly in Davis.
“She’s driving my family out of whack,” states Shazia.
Judge Wolk acknowledged Shazia’s sentiments, but reminded her that this ex parte hearing was simply for service.
“Yeah, but I’m challenging the service,” Shazia responds.
Shazia then explained again how Nazia has been abusing the system, filing TRO’s and calling for multiple ex parte hearings in order to get a default order entered.
“I’m ashamed to call her my sister. I haven’t seen my father,” said Shazia, who claims she has been unable to make any sort of contact with her father since 2016 because of Nazia, allegedly.
Judge Wolk explained that Nazia has been acting exactly in accordance with what the judge from the previous hearing said to do. Judge Wolk explained that Nazia was not prohibited from calling for any more ex parte hearings, and is acting in line with her legal rights.
“I’m just trying to get some justice here,” Shazia says.
Shazia proceeded to explain her frustrations and disappointments with Nazia’s failure to comply with Shazia’s services, and the lack of contact with her father, stating she doesn’t even know if she’s still alive.
In her vexation, Shazia said to her sister, “My father probably thinks we all died.”
Then to the judge: “If you want me to accept this service, then I’m requesting a jury trial because I don’t trust this court.”
Judge Wolk chuckled, noting, “You absolutely have the right to a jury trial, but we’re not even there yet! You still have to be served.”
Judge Wolk then had her swear under oath that she is living in her current Davis address and had her state her address. Shazia explained how she works remotely and moves between her two residences because of work.
Afterwards, Judge Wolk had Nazia swear under oath that she has tried with reasonable diligence in serving both her brother Mohammand and her sister Shazia. Nazia said the service attempt to her sister was delayed, but that it was made.
Judge Wolk acknowledged that Nazia has sufficiently reasonable diligence in trying to serve Shazia. The court granted her permission to serve by posting at the Davis residence for both Mohammad and Shazia.
A service by posting will be placed at the Davis residence of Mohammad Mohsan Iqbal and Shazia Jabeen. Any court proceedings and legal action will be dependent on their response and availability.
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