Free Response in Opposition to Motion - District Court of California - California

Case 3:07-cv-02172-BEN-JMA

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Filed 12/21/2007

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WILSON PETTY KOSMO & TURNER LLP REGINA A. PETTY (106163) SOTERA L. ANDERSON (211025) 550 West C Street, Suite 1050 San Diego, California 92101 Telephone: (619) 236-9600 Facsimile: (619) 236-9669 E-mail: [email protected] E-mail: [email protected] Attorneys for Defendant SAN DIEGO CONVENTION CENTER CORPORATION, INC.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED NATIONAL MAINTENANCE INC, A NEVADA CORPORATION, Plaintiff,

Case No. 07-CV-2172 BEN (JMA) REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT SAN DIEGO CONVENTION CENTER CORPORATION, INC.'S OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION Complaint Filed: November 13, 2007

14 v. 15 16 17 Defendant. 18 19 20 21 SAN DIEGO CONVENTION CENTER CORPORATION, INC., A CALIFORNIA CORPORATION,

Date: Time: Dept.: Judge: Trial Date:

January 7, 2008 10:30 a.m. 3. Hon. Roger T. Benitez Not Set

[EXEMPT FROM FEES ­GOV. CODE, § 6103]

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Case No. 07-CV-2172 BEN (JMA) REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT SAN DIEGO CONVENTION CENTER CORPORATION, INC.'S OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that pursuant to Rule 201 of the Federal Rules of Evidence, Defendant SAN DIEGO CONVENTION CENTER CORPORATION, INC. (hereinafter "Defendant" or "SDCCC"), respectfully requests that the Court take judicial notice of the following documents in support of its Opposition to Plaintiff's Motion for Preliminary Injunction.

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Case 3:07-cv-02172-BEN-JMA

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Exhibit A B

Description Articles of Incorporation of San Diego Convention Center Corporation, Inc. filed on October 31, 1984. San Diego Municipal Code, Chapter 4, Article 01, Division 25, San Diego Tourism Marketing District Procedural Ordinance. Plaintiff's Complaint filed in the San Diego Superior Court, Case No. 37-200700072054-CU-BT-CTL City of San Diego, Rules Implementing the Living Wage Ordinance, revision date July 26, 2007 SDCCC's Demurrer to Plaintiff's Complaint filed in the San Diego Superior Court, Case No. 37-2007-00072054-CU-BT-CTL

4 5 6 D 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E C

Pursuant to Rule 201 of the Federal Rules of Evidence, the Court may take judicial notice of facts that are "not subject to reasonable dispute in that [they are]...(2) capable of accurate and ready determination by resort to sources whose accuracy cannot be reasonably questioned." It is proper for the district court to "take judicial notice of matters of public record outside the pleadings." Mir v. Little Co. of Mary Hospital, 844 F.2d 646, 649 (9th Cir. 1988) citing MGIC Indem. Corp. v. Weisman, 803 F.2d 500, 504 (9th Cir. 1986) (court took judicial notice of motion to dismiss filed in a separate suit and considered it in the motion to dismiss before them). A party's Articles of Incorporation is the type of fact that Courts can take judicial notice. See Haynes v. Logan Assistance Corp., 1990 U.S. Dist. LEXIS 9847 (1990) (Court took judicial notice of Defendant nonprofit corporation's Articles of Incorporation when deciding Defendant's 12(b)(6) motion to dismiss). The Articles of Incorporation attached as Exhibit A reflect public records on file with the California Secretary of State. These Articles reflect the fact that the City of San Diego established the SDCCC as a public corporation. Therefore, under Rule 201 of the Federal Rules of Evidence the Court may take judicial notice of the attached Articles of Incorporation. Additionally, a Municipal Code, Living Wage Ordinance and pleadings filed with a Court are also the types of facts that Courts may take judicial notice of. Mir v. Little Co. of Mary Hospital, 844 F.2d 646, 649 (9th Cir. 1988) citing MGIC Indem. Corp. v. Weisman, 803 F.2d 500, 504 (9th Cir. 1986). Accordingly, under Rule 201 of the Federal Rules of Evidence the Court may take judicial

Case No. 07-CV-2172 BEN (JMA) REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT SAN DIEGO CONVENTION CENTER CORPORATION, INC.'S OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

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Case 3:07-cv-02172-BEN-JMA

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notice of the attached Municipal Code, Living Wage Ordinance, Superior Court Complaint, and SDCCC's Demurrer filed in the Superior Court.

Dated:

December 21, 2007

WILSON PETTY KOSMO & TURNER LLP

By:

/s/SOTERA L ANDERSON REGINA A. PETTY SOTERA L. ANDERSON Attorneys for Defendant SAN DIEGO CONVENTION CENTER CORPORATION

Case No. 07-CV-2172 BEN (JMA) REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT SAN DIEGO CONVENTION CENTER CORPORATION, INC.'S OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

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