On September 07, 2021 a
Party Discovery
was filed
involving a dispute between
The Arc Of Alameda County, Inc,
and
Emerald Glen Homes,
Walpert Association For The Retarded, Inc,
for Unlimited Civil
in the District Court of Alameda County.
Preview
1 Albert Flor, Jr. (Bar No. 168291)
WENDEL ROSEN LLP
2 1111 Broadway, 24th Floor
Oakland, California 94607-4036
3 Telephone: (510) 834-6600
Fax: (510) 834-1928
4 Email: aflor@wendel.com
5 Attorneys for Plaintiff
The Arc of Alameda County, Inc., a California
6 non-profit corporation
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF ALAMEDA
10
11
THE ARC OF ALAMEDA COUNTY, INC., a Case No. RG21111931
12 California non-profit corporation,
ASSIGNED FOR ALL PURPOSES TO
O akland, Ca lif or ni a 946 07-4 036
13 Plaintiff, JUDGE JEFFREY BRAND
1111 Bro adw ay, 24 t h F lo or
Wendel Rosen LLP
DEPARTMENT 22
14 vs.
REQUEST FOR JUDICIAL NOTICE IN
15 EMERALD GLEN HOMES, a California SUPPORT OF PLAINTIFF'S
Corporation; WALPERT ASSOCIATION APPLICATION FOR DEFAULT
16 FOR THE RETARDED, INC., a California JUDGMENT QUIETING TITLE
non-profit corporation and DOES 1 through
17 50, inclusive,
18 ,
19 Defendants.
20
21
22
23
24
25
26
27
28
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF'S APPLICATION FOR DEFAULT
024786.0001\6466077.1
JUDGMENT QUIETING TITLE
1 Plaintiff The Arc of Alameda County, Inc. respectfully requests that the Court take judicial
2 notice of the documents attached hereto as Exhibits 1 through 5 pursuant to Evidence Code §§ 452
3 and 453.
4 The Court is authorized under the Evidence Code to take judicial notice of the official acts
5 of any legislative, executive, or judicial department of the United States or of any state of the
6 United States. Evid. Code § 452(c). In particular, the Court is authorized under the Evidence
7 Code to take judicial notice of the records of any court of the state of California. Evid. Code
8 § 452(d). Courts have held that recorded deeds are official acts under Evidence Code § 452(c) and
9 therefore have taken judicial notice of recorded deeds. Evans v. California Trailer Court, Inc.
10 (1994) 28 Cal.App.4th 540, 549; Cal-American Income Property Fund II v. County of Los Angeles
11 (1989) 208 Cal.App.3d 109, 112 n.2.
12 In addition, Evidence Code § 452(h), empowers the Court to take judicial notice of facts
O akland, Ca lif or ni a 946 07-4 036
13 and propositions, including information contained in documents that are part of the public record,
1111 Bro adw ay, 24 t h F lo or
Wendel Rosen LLP
14 that are not reasonably subject to dispute and are capable of immediate and accurate determination
15 by resort to sources of reasonably indisputable accuracy. Permissive judicial notice under
16 Evidence Code § 452 is mandatory if a party requests it and (a) gives each adverse party sufficient
17 notice of the request, and (b) furnishes the Court with sufficient information to enable it to take
18 judicial notice of the matter. Evid. Code § 453.
19 Accordingly, Plaintiff requests that the Court take judicial notice of the documents
20 attached hereto as Exhibits 1 through 5.
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
2
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF'S APPLICATION FOR DEFAULT
024786.0001\6466077.1
JUDGMENT QUIETING TITLE
1
EXHIBIT DOCUMENT
2
1. Domestic Nonprofit Corporation Certificate of Election to Wind
3 Up and Dissolve filed on July 1, 2011 with the California
4 Secretary of State
5 2. Grant Deed recorded with the Alameda County Recorder's
Office pursuant to Document No. 2005-332271
6
3. Notice of Change of Reversion Date recorded in the Alameda
7 County Recorder's Office as Document No. 2007-417886
8 4. Grant Deed recorded on June 2, 2010 in the Alameda County
9 Recorder's Office as Document No. 2010-155616
10 5. Grant Deed recorded with the Alameda County Recorder's
Office on August 17, 2010 as Document No. 2010-236605
11
12 DATED: January 28, 2022 WENDEL ROSEN LLP
O akland, Ca lif or ni a 946 07-4 036
13
1111 Bro adw ay, 24 t h F lo or
Wendel Rosen LLP
14
By:
15 Albert Flor, Jr.
Attorneys for Plaintiff
16 The Arc of Alameda County, Inc., a California
non-profit corporation
17
18
19
20
21
22
23
24
25
26
27
28
3
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF'S APPLICATION FOR DEFAULT
024786.0001\6466077.1
JUDGMENT QUIETING TITLE
EXHIBIT 1
EXHIBIT 1
EXHIBIT 2
EXHIBIT 2
EXHIBIT 3
EXHIBIT 3
EXHIBIT 4
EXHIBIT 4
EXHIBIT 5
EXHIBIT 5
Document Filed Date
January 31, 2022
Case Filing Date
September 07, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
1 Albert Flor, Jr. (Bar No. 168291) WENDEL ROSEN LLP 2 1111 Broadway, 24th Floor Oakland, California 94607-4036 3 Telephone: (510) 834-6600 Fax: (510) 834-1928 4 Email: aflor@wendel.com 5 Attorneys for Plaintiff The Arc of Alameda County, Inc., a California 6 non-profit corporation 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ALAMEDA 10 11 THE ARC OF ALAMEDA COUNTY, INC., a Case No. RG21111931 12 California non-profit corporation, ASSIGNED FOR ALL PURPOSES TO O akland, Ca lif or ni a 946 07-4 036 13 Plaintiff, JUDGE JEFFREY BRAND 1111 Bro adw ay, 24 t h F lo or Wendel Rosen LLP DEPARTMENT 22 14 vs. REQUEST FOR JUDICIAL NOTICE IN 15 EMERALD GLEN HOMES, a California SUPPORT OF PLAINTIFF'S Corporation; WALPERT ASSOCIATION APPLICATION FOR DEFAULT 16 FOR THE RETARDED, INC., a California JUDGMENT QUIETING TITLE non-profit corporation and DOES 1 through 17 50, inclusive, 18 , 19 Defendants. 20 21 22 23 24 25 26 27 28 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF'S APPLICATION FOR DEFAULT 024786.0001\6466077.1 JUDGMENT QUIETING TITLE 1 Plaintiff The Arc of Alameda County, Inc. respectfully requests that the Court take judicial 2 notice of the documents attached hereto as Exhibits 1 through 5 pursuant to Evidence Code §§ 452 3 and 453. 4 The Court is authorized under the Evidence Code to take judicial notice of the official acts 5 of any legislative, executive, or judicial department of the United States or of any state of the 6 United States. Evid. Code § 452(c). In particular, the Court is authorized under the Evidence 7 Code to take judicial notice of the records of any court of the state of California. Evid. Code 8 § 452(d). Courts have held that recorded deeds are official acts under Evidence Code § 452(c) and 9 therefore have taken judicial notice of recorded deeds. Evans v. California Trailer Court, Inc. 10 (1994) 28 Cal.App.4th 540, 549; Cal-American Income Property Fund II v. County of Los Angeles 11 (1989) 208 Cal.App.3d 109, 112 n.2. 12 In addition, Evidence Code § 452(h), empowers the Court to take judicial notice of facts O akland, Ca lif or ni a 946 07-4 036 13 and propositions, including information contained in documents that are part of the public record, 1111 Bro adw ay, 24 t h F lo or Wendel Rosen LLP 14 that are not reasonably subject to dispute and are capable of immediate and accurate determination 15 by resort to sources of reasonably indisputable accuracy. Permissive judicial notice under 16 Evidence Code § 452 is mandatory if a party requests it and (a) gives each adverse party sufficient 17 notice of the request, and (b) furnishes the Court with sufficient information to enable it to take 18 judicial notice of the matter. Evid. Code § 453. 19 Accordingly, Plaintiff requests that the Court take judicial notice of the documents 20 attached hereto as Exhibits 1 through 5. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF'S APPLICATION FOR DEFAULT 024786.0001\6466077.1 JUDGMENT QUIETING TITLE 1 EXHIBIT DOCUMENT 2 1. Domestic Nonprofit Corporation Certificate of Election to Wind 3 Up and Dissolve filed on July 1, 2011 with the California 4 Secretary of State 5 2. Grant Deed recorded with the Alameda County Recorder's Office pursuant to Document No. 2005-332271 6 3. Notice of Change of Reversion Date recorded in the Alameda 7 County Recorder's Office as Document No. 2007-417886 8 4. Grant Deed recorded on June 2, 2010 in the Alameda County 9 Recorder's Office as Document No. 2010-155616 10 5. Grant Deed recorded with the Alameda County Recorder's Office on August 17, 2010 as Document No. 2010-236605 11 12 DATED: January 28, 2022 WENDEL ROSEN LLP O akland, Ca lif or ni a 946 07-4 036 13 1111 Bro adw ay, 24 t h F lo or Wendel Rosen LLP 14 By: 15 Albert Flor, Jr. Attorneys for Plaintiff 16 The Arc of Alameda County, Inc., a California non-profit corporation 17 18 19 20 21 22 23 24 25 26 27 28 3 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF'S APPLICATION FOR DEFAULT 024786.0001\6466077.1 JUDGMENT QUIETING TITLE EXHIBIT 1 EXHIBIT 1 EXHIBIT 2 EXHIBIT 2 EXHIBIT 3 EXHIBIT 3 EXHIBIT 4 EXHIBIT 4 EXHIBIT 5 EXHIBIT 5