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

Case 3:07-cv-04718-CRB

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Filed 12/13/2007

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MICHAEL J. O'TOOLE (SBN 97779) City Attorney RANDOLPH S. HOM (SBN 152833) Assistant City Attorney CITY OF HAYWARD 777 "B" Street Hayward, California 94541 Telephone: (510) 583-4450 Facsimile: (510) 583-3660 Attorneys for Defendants City of Hayward, Lloyd Lowe, and Jason Corsolini

UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 Plaintiffs, 13 -vs14 CITY OF HAYWARD, et al., 15 Defendants. 16 17 18 ____________________________________ 19 TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD: 20 PLEASE TAKE NOTICE that as part of defendants' opposition to plaintiff's 21 administrative motion to determine whether cases should be related, defendants request that this 22 Court take judicial notice of documents already contained in the Court file for the within action 23 and for Saleh Ali v. City of Hayward, et al., United States District Court Case No. C 07-04718 24 (CRB), including but not limited to the following: 25 (1) Filing dates and text of the identical complaints in each action; 26 (2) Filing dates for the proof of service related to the complaint in each action including 27 the text describing how service of process was accomplished; 28 (3) Filing dates of the answer in each action; MARIA JOYA, individually, and as Administrator of the Estate of NASIR SOLIS, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No:. C 07 -04739 (SI) DEFENDANTS' REQUEST FOR JUDICIAL NOTICE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF RANDOLPH S. HOM Date: N/A Time: N/A Crtrm.:N/A

Joya v. City of Hayward, et al. Case No. C 07 04739 (SI) 1

Defendants' Request for Judicial Notice: Memorandum of Points and Authorities Declaration of Randolph S. Hom

Case 3:07-cv-04718-CRB

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Filed 12/13/2007

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(4) Filing date for Declination to Proceed before Magistrate Judge in Ali; (5) Joint Case Management Conference Statements in each action; This request is made pursuant to Federal Rules of Evidence Code Section 201. The request for judicial notice will be based upon this Notice, the Memorandum of Points and Authorities, the Declaration of Randolph S. Hom, the pleadings and records contained in the Court files, the defendants' opposition to the administrative motion to determine whether the cases should be related, filed and served concurrently with this notice, and with any other oral and documentary evidence presented to the Court at the time of hearing, if any. MEMORANDUM OF POINTS AND AUTHORITIES I. THE COURT MAY JUDICIALLY NOTICE COURT RECORDS WHICH ARE CAPABLE OF READY AND ACCURATE DETERMINATION Federal Rules of Evidence Section 201(b)(2) allows the court to judicially notice facts

12 "capable of accurate and ready determination by resort to sources whose accuracy cannot 13 reasonably be questioned." Clearly, the records contained within the respective Court files in Ali 14 and Joya cannot be reasonably questioned. Moreover, the Court may take judicial notice of 15 matters of public record outside the pleadings. MGIC Indemnity Corp. v. Weisman, 803 F.2d 16 17 take judicial notice of a city's official records, which includes pleadings and court documents 18 relating to the Ali and Joya actions. Grassroots v. County of San Francisco, 1994 WL 589359 19 (N.D. CA 1994) ; see also Poway Unified School District v. Superior Court, 62 Cal.App.4th 20 1496 (1998). 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 500, 504 (9th Cir. 1986) Pursuant to Federal Rules of Evidence Section 201, a Court may also

Joya v. City of Hayward, et al. Case No. C 07 04739 (SI) 2

Defendants' Request for Judicial Notice: Memorandum of Points and Authorities Declaration of Randolph S. Hom

Case 3:07-cv-04718-CRB

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Filed 12/13/2007

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II. CONCLUSION Based on the foregoing, defendants respectfully request that this Court take judicial notice of the court files in Ali and Joya. DATED: December 12, 2007 MICHAEL J. O'TOOLE, City Attorney By /S/ Randolph S. Hom, Assistant City Attorney Attorneys for Defendants

Joya v. City of Hayward, et al. Case No. C 07 04739 (SI) 3

Defendants' Request for Judicial Notice: Memorandum of Points and Authorities Declaration of Randolph S. Hom