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DeMaria Law Firm, A.P.C.
Anthony N. DeMaria, #1 77894
ademaria@demarialawfirm.com
S. Nicole Tucker, #PL-5088 1 8
sntucker@demarialawfirm. com
1690 W. Shaw Ave. Suite 220
Fresno, California 93711
E-FILED
Telephone: (559) 206-2410
2/11/2021 2:34 PM
OOONQUIhUJNH
Facsimile: (559) 570-0126
Superior Court of California
County of Fresno
Attorneys for Defendant, State Center By: J. Nelson, Deputy
Community College Distn'ct
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO
ANITA REYES, Case No. 19CECG03826
Plaintiff, DEFENDANT STATE CENTER
COMMUNITY COLLEGE DISTRICT’S
v ,
REQUEST FOR JUDICAL NOTICE IN
SUPPORT OF ITS MOTION FOR
STATE CENTER COMMUNITY COLLEGE SUMMARY ADJUDICATION
DISTRICT, MADBRA COMMUNITY
COLLEGE CENTER and DOES 1-20, 13.3w May 4, 2021
Tlme: 3:30 P.M.
Defendant. Dept: 403
Action Filed: October 21 , 201 9
NNNNNNMNNHHH_._.—'HH.—_.
Trial Date: Julv 19. 2021
ooqoxm-hwmwocooqaxu‘humt—o
COMES NOW, Defendant STATE CENTER COMMUNITY COLLEGE DISTRICT
(“Defendant” or “the District”), and hereby requests this Court take judicial notice, pursuant to
Evidence Code §§452 and 453.
Evidence Code section 452 specifically provides that judicial notice may be taken of the
records of any coun of the State of California and of “facts and propositions that are not reasonably
subject to dispute and are capable of immediate and accurate determination by resources of
reasonably indisputable accuracy.” (Evid. Code §452(d) & (h).)
Evidence Code section 453 provides:
The trial court shall take judicial notice of any matter specified in Section 452,
1
REQUEST FOR JUDICIAL NOTICE
including “(g) facts and propositions that are such common knowledge within the
territorial jurisdiction 0f the court that they cannot reasonably the be subject of
dispute”, if a party requests it and:
(a)Gives each adverse party sufficient notice 0f the request, through the pleadings 0r
otherwise, t0 enable such adverse party to prepare to meet the request; and
(b) Furnishes the court with sufficient information to enable it to take judicial notice 0f
the matter.
OO\IO\UI-P
The instant request is made with respect t0 specific records 0f this Court. Thus, the
correctness 0fthe following documents are not reasonably subject t0 dispute and can be immediately
and accurately determined by the review of the Court’s own records:
\O
1. Plaintiff’s Complaint for the case entitled ANITA REYES v. STA TE CENTER
10
COMMUNITY COLLEGE DISTRICT; MADERA COMMUNITY COLLEGE CENTER; and DOES
11
1~20, inclusive, Superior Court for the County of Fresno, Case N0. 19CECG03826, filed 0n or
12
about October 21 2019.
,
A true and correct copy 0f this document is attached to the Declaration of
13
S. Nicole Tucker, as Exhibit A.
14
2. Defendant STATE CENTER COMMUNITY COLLEGE DISTRICT is a public
15
community college district within the State 0f California.
16
17
Dated: February LL, 2021 DeMaria Law Firm, A.P.C.
k/
18
19
20 Bv:
Anthony N. DeMaria
21 S. Nicole Tucker, Provisionally Licensed Lawyer
Attorneys for Defendant, STATE CENTER
22
COMMUNITY COLLEGE DISTRICT
23
24
25
26
27
28
2
REQUEST FOR JUDICIAL NOTICE
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF FRESNO
At the time 0f service, I was over 18 years of age and not a party to this action. I am
employed in the County of Fresno, State of California. My business address is 1690 W. Shavx
Ave., Suite 220, Fresno, CA 9371 1.
On February 11, 2021, I served true copies of the following document(s) described as
DEFENDANT STATE CENTER COMMUNITY COLLEGE DISTRICT’S REQUEST
FOR JUDICIAL NOTICE IN SUPPORT OF ITS MOTION FOR SUMMARY
ADJUDICATION 0n the interested parties in this action as follows:
Eugenia L. Steele
The Torkzadeh Law Firm
18650 MacArthur Blvd., Suite 300
Irvine, CA 92612
engellia@t0rklaw.com
allenraébtorklawsom
claudia@t01‘kla\v.com
XXX BY MAIL: I enclosed said document(s) in a sealed envelope or package addressed
to the persons at the address listed 0n the Service List and placed the envelope for collection and
mailing, following our ordinary business practices. I am readily familiar with this business’s
practice for collecting and processing correspondence for mailing. On the same day the
correspondence is placed from collection and mailing it is deposited in the ordinary course of
business with the United States Postal Service, in a sealed envelope with postage fully pre—paid.
16
l7
XXX BY ELECTRONIC SERVICE: Based 0n a court order or an agreement of the
parties to accept electronic service, I caused the documents to be sent to the persons at the
18 electronic service addresses listed above. The electronic service address from which I scrvcd thc
documents is tmaxwell@demarialawfirm.com.
I declare under penalty 0f perjury under the laws of the United States of America that thd
mm
foregoing is true and correct and that I am employed in the office of a member 0f the bar of this
Court at whose direction the service was madc.
Executed on February 11, 2021, at Fresno, California.
Teri Maxvtl'ell
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DeMaria Law Firm, A.P.C. Anthony N. DeMaria, #1 77894 ademaria@demarialawfirm.com S. Nicole Tucker, #PL-5088 1 8 sntucker@demarialawfirm. com 1690 W. Shaw Ave. Suite 220 Fresno, California 93711 E-FILED Telephone: (559) 206-2410 2/11/2021 2:34 PM OOONQUIhUJNH Facsimile: (559) 570-0126 Superior Court of California County of Fresno Attorneys for Defendant, State Center By: J. Nelson, Deputy Community College Distn'ct SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO ANITA REYES, Case No. 19CECG03826 Plaintiff, DEFENDANT STATE CENTER COMMUNITY COLLEGE DISTRICT’S v , REQUEST FOR JUDICAL NOTICE IN SUPPORT OF ITS MOTION FOR STATE CENTER COMMUNITY COLLEGE SUMMARY ADJUDICATION DISTRICT, MADBRA COMMUNITY COLLEGE CENTER and DOES 1-20, 13.3w May 4, 2021 Tlme: 3:30 P.M. Defendant. Dept: 403 Action Filed: October 21 , 201 9 NNNNNNMNNHHH_._.—'HH.—_. Trial Date: Julv 19. 2021 ooqoxm-hwmwocooqaxu‘humt—o COMES NOW, Defendant STATE CENTER COMMUNITY COLLEGE DISTRICT (“Defendant” or “the District”), and hereby requests this Court take judicial notice, pursuant to Evidence Code §§452 and 453. Evidence Code section 452 specifically provides that judicial notice may be taken of the records of any coun of the State of California and of “facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resources of reasonably indisputable accuracy.” (Evid. Code §452(d) & (h).) Evidence Code section 453 provides: The trial court shall take judicial notice of any matter specified in Section 452, 1 REQUEST FOR JUDICIAL NOTICE including “(g) facts and propositions that are such common knowledge within the territorial jurisdiction 0f the court that they cannot reasonably the be subject of dispute”, if a party requests it and: (a)Gives each adverse party sufficient notice 0f the request, through the pleadings 0r otherwise, t0 enable such adverse party to prepare to meet the request; and (b) Furnishes the court with sufficient information to enable it to take judicial notice 0f the matter. OO\IO\UI-P The instant request is made with respect t0 specific records 0f this Court. Thus, the correctness 0fthe following documents are not reasonably subject t0 dispute and can be immediately and accurately determined by the review of the Court’s own records: \O 1. Plaintiff’s Complaint for the case entitled ANITA REYES v. STA TE CENTER 10 COMMUNITY COLLEGE DISTRICT; MADERA COMMUNITY COLLEGE CENTER; and DOES 11 1~20, inclusive, Superior Court for the County of Fresno, Case N0. 19CECG03826, filed 0n or 12 about October 21 2019. , A true and correct copy 0f this document is attached to the Declaration of 13 S. Nicole Tucker, as Exhibit A. 14 2. Defendant STATE CENTER COMMUNITY COLLEGE DISTRICT is a public 15 community college district within the State 0f California. 16 17 Dated: February LL, 2021 DeMaria Law Firm, A.P.C. k/ 18 19 20 Bv: Anthony N. DeMaria 21 S. Nicole Tucker, Provisionally Licensed Lawyer Attorneys for Defendant, STATE CENTER 22 COMMUNITY COLLEGE DISTRICT 23 24 25 26 27 28 2 REQUEST FOR JUDICIAL NOTICE PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF FRESNO At the time 0f service, I was over 18 years of age and not a party to this action. I am employed in the County of Fresno, State of California. My business address is 1690 W. Shavx Ave., Suite 220, Fresno, CA 9371 1. On February 11, 2021, I served true copies of the following document(s) described as DEFENDANT STATE CENTER COMMUNITY COLLEGE DISTRICT’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS MOTION FOR SUMMARY ADJUDICATION 0n the interested parties in this action as follows: Eugenia L. Steele The Torkzadeh Law Firm 18650 MacArthur Blvd., Suite 300 Irvine, CA 92612 engellia@t0rklaw.com allenraébtorklawsom claudia@t01‘kla\v.com XXX BY MAIL: I enclosed said document(s) in a sealed envelope or package addressed to the persons at the address listed 0n the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day the correspondence is placed from collection and mailing it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully pre—paid. 16 l7 XXX BY ELECTRONIC SERVICE: Based 0n a court order or an agreement of the parties to accept electronic service, I caused the documents to be sent to the persons at the 18 electronic service addresses listed above. The electronic service address from which I scrvcd thc documents is tmaxwell@demarialawfirm.com. I declare under penalty 0f perjury under the laws of the United States of America that thd mm foregoing is true and correct and that I am employed in the office of a member 0f the bar of this Court at whose direction the service was madc. Executed on February 11, 2021, at Fresno, California. Teri Maxvtl'ell