Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00441-LAB-RBB

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Filed 04/18/2008

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DARLENE A. DORNAN, Court Counsel (State Bar No. 182228) Superior Court of California, County of San Diego By CHERYL L. BRIERTON, Litigation Attorney (State Bar No. 108242) 220 W. Broadway San Diego, California 92101 Telephone: (619) 531-3563 Facsimile: (619) 685-6606 Attorneys for Defendant, The Honorable William McAdam, Judge of the Superior Court of California, County of San Diego UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff, ) ) ) v. ) ) JACK LIEB ESQ. AND ASSOC., JUDGE ) ) W. MCADAM, ET AL., ) ) ) Defendants. ) ) LANTZ E. ARNELL, 1. Case No.: 08-CV-00441 WQH (JMA) DECLARATION OF CHERYL L. BRIERTON IN SUPPORT OF DEFENDANT JUDGE MCADAM'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS WITH PREJUDICE [No Oral Argument Unless Requested By The Court] Date: Time: Crtrm: Judge: June 16, 2008 11:00 a.m. 4 (4th Floor) The Honorable William Q. Hayes

I am a licensed attorney employed by the Superior Court of California,

County of San Diego. I am licensed to practice law in the State of California and have also been admitted to practice before the Courts of Appeals for the Ninth and the Federal Circuits, and before the Southern, Central and Eastern Districts of California. I have personal knowledge of the matters state herein and if called as a witness, I would competently testify thereto. 2. Attached to the Request for Judicial Notice as Exhibit A is a true and

correct copy of the Minutes of March 26, 2007 in People v. Arnell, California Court Case No. S188356, reflecting Judge McAdam's denial of the petition for writ of coram nobis;

CHERYL L. BRIERTON'S DECLARATION IN SUPPORT OF MOTION TO DISMISS - 1 08cv00441

Case 3:08-cv-00441-LAB-RBB

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Filed 04/18/2008

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3.

Attached to the Request for Judicial Notice as Exhibit B is a true an

correct copy of the Guilty Plea on March 3, 2004, in People v. Lantz Arnell, California Case No. S188356; and 4. Attached to the Request for Judicial Notice as Exhibit C is a true and

correct copy of the Minutes of December 15, 2006 in Randlett T. Lawrence v. Lantz E. Arnell, California Court Case No. GIS20077. I declare under penalty of perjury that the foregoing is true and correct. Executed this 18th day of April 2008, in San Diego, California. _____s/ Cheryl L. Brierton___________________ CHERYL L. BRIERTON, Litigation Attorney

CHERYL L. BRIERTON'S DECLARATION IN SUPPORT OF MOTION TO DISMISS - 2 08cv00441