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1 SPERTUS, LANDES & UMHOFER, LLP
Matthew Donald Umhofer (SBN 206607) ELECTRONICALLY FILED
2 Diane H. Bang (SBN 271939) Superior Court of California
1990 South Bundy Dr., Suite 705 County of Santa Barbara
3 Los Angeles, California 90025 Darrel E. Parker, Executive Officer
Telephone: (310) 826-4700 9/20/2022 11:08 AM
4 Facsimile: (310) 826-4711 By: Sarah Sisto , Deputy
matthew@spertuslaw.com
5 diane@spertuslaw.com
6 Attorneys for Mark Schaub and TLG Ltd.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SANTA BARBARA
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TELEPHONE 310-826-4700; FACSIMILE 310-826-4711
MARK SCHAUB, an individual; Case No.: 20CV02113
Spertus, Landes & Umhofer, LLP
TLG LTD., a Hong Kong limited
11 liability company,
1990 SOUTH BUNDY DR., SUITE 705
Hon. Donna D. Geck
LOS ANGELES, CA 90025
12 Plaintiffs,
13 REQUEST FOR JUDICIAL NOTICE
v. IN SUPPORT OF PLAINTIFFS’
14 MOTION FOR TERMINATING
ANDREW WYLES WATERS, an SANCTIONS
individual; FCP CORPORATE LTD.,
15 a Hong Kong limited liability
company; FCP PRIVATE, LLC, a [Notice of Motion for Terminating
16 California limited liability Sanctions; Memorandum of Points &
corporation; and DOES 1 through 10 Authorities; Declaration of Diane Bang
17 inclusive, and Exhibits filed concurrently]
18 Defendants. Hearing Date: January 6, 2023
Hearing Time: 10:00 a.m.
19 Dept.: 4
20 SAC filed: June 14, 2021
Trial: Not set
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REQUEST FOR JUDICIAL NOTICE
1 Pursuant to California Evidence Code §§ 451-453, Plaintiffs Mark Schaub
2 and TLG Ltd. hereby request judicial notice be taken of the following exhibits in
3 support of their Motion for Terminating Sanctions:
4 EXHIBIT B: the Second Amended Complaint that was filed on June 14,
5 2021 in this civil action, Mark Schaub, et al. v. Andrew Waters, et al.,
6 Santa Barbara Superior Court Case No. 20CV02113 (the “Action”).
7 EXHIBIT C: the Answer of Defendants Andrew Waters, FCP Corporate,
8 Ltd., and FCP Private, LLC, filed in this Action on October 25, 2021.
9 EXHIBIT D: the Order Granting Motion to be Relieved as Counsel
10 issued in this Action on January 7, 2022.
TELEPHONE 310-826-4700; FACSIMILE 310-826-4711
Spertus, Landes & Umhofer, LLP
11 EXHIBIT E: the Order Granting Plaintiff’s Motion to Compel Further
1990 SOUTH BUNDY DR., SUITE 705
LOS ANGELES, CA 90025
12 Responses against Defendant FCP Corporate (HK) in this Action, dated
13 May 27, 2022.
14 EXHIBIT F: the Order Granting Plaintiff’s Motion to Compel Further
15 Responses against Defendants Andrew Waters and FCP Private in this
16 Action, dated August 12, 2022.
17 Exhibits B-F are all records in this case that have been filed by the parties or
18 issued by the Court. “It is settled that a court may take judicial notice of the
19 contents of its own records.” Dwan v. Dixon (1963) 216 Cal. App. 2d 260, 265;
20 see also Cal. Evid. Code Ann. § 452(d) (stating a court may take judicial notice of
21 records of any court of this state). Each of these exhibits are the proper subject of
22 judicial notice.
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24 Dated: September 20, 2022 SPERTUS, LANDES & UMHOFER, LLP
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26 By:
Matthew Donald Umhofer
27 Diane H. Bang
28 Attorneys for Plaintiffs
1.
REQUEST FOR JUDICIAL NOTICE