Free Request for Judicial Notice - District Court of California - California

Case 3:08-cv-02903-SC

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DARRYL J. HOROWITT #100898 DANIA M. ALVARENGA #244486 COLEMAN & HOROWITT, LLP Attorneys at Law 499 West Shaw, Suite 116 Fresno, California 93704 Telephone: (559) 248-4820 Facsimile: (559) 248-4830 Attorneys for Defendant, GULF STREAM COACH, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

AQUAIR VENTURES, LLC, ANTONIA CITRINO, and JOSEPH GEIGER, Plaintiffs,

NO.

C 08-02903 SC

13 v. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GULF STREAM COACH, INC., and DOES 1 through 30, Defendants.

REQUEST TO TAKE JUDICIAL NOTICE [Filed Concurrently with Notice of Motion; Memorandum of Points and Authorities; and Proposed Order] Date: Time: Courtroom: July 25, 2008 10:00 a.m. 1

TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Defendant, GULF STREAM COACH, INC., hereby requests this court to take judicial notice of the following documents pursuant to Federal Rules of Evidence, Rule 201(b)(2): 1. The printout from the Montana Secretary of State's Office for Plaintiff, AQUAIR

VENTURES, LLC, a true and correct copy of which is attached hereto as Exhibit "A." 2. The brochure for the Gulf Stream Coach Tour Master RV, from the Gulf Stream

Coach web site, www.gulfstreamcoach.com, a true and correct copy of which is attached hereto
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as Exhibit "B." 3. The Manufacturer's Statement of Origin for the Plaintiffs' vehicle, a true and

correct copy of which is attached hereto as Exhibit "C." GULF STREAM COACH, INC. further requests this court to take judicial notice of the following facts pursuant to Federal Rules of Evidence, Rule 201(b)(2): 1. That the stated business of Plaintiff, AQUAIR VENTURES, LLC, is real estate

and personal property. (See Exhibit "A" to this request.) 2. That the gross vehicle weight of the Plaintiffs' recreational vehicle is in excess of

10,000 pounds. (See Exhibit "B" to this request, p. 15, and Exhibit "C.") Defendant submits that the facts which it asks this court to judicially notice are those capable of accurate and ready determination by the documents which are identified herein, which are sources whose accuracy cannot be questioned. Defendant thereby submits that its request to take judicial notice be granted and the court take judicial notice of the documents and facts set forth above. Respectfully submitted, Dated: June 16, 2008 COLEMAN & HOROWITT, LLP

By: /s/_________________________________ DANIA M. ALVARENGA Attorneys for Defendant, GULF STREAM COACH, INC.

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