On June 30, 2010 a
Proof of Service
was filed
involving a dispute between
Arata, Thomas,
Leake, Joseph,
Owyang, Rich,
Pecot, Johna,
Taylor, Oscar,
Tilton, Stephen,
and
Does 1-100,
Does 1 To 100,
Mcdaniels, Shedrick,
San Francisco Deputy Sheriff'S Association,
San Francisco Deputy Sheriff'S Association, A,
San Francisco Deputy Sheriff'S Foundation,
Savage, Brian,
Wong, David,
Zehner, Michael,
for civil
in the District Court of San Francisco County.
Preview
Lara Cullinane-Smith, SBN 268671
Law OFFICE OF Lara C. SMITH
1086 Arlington Blvd. ELECTRONICALLY
El Cerrito, California 94530 Received Not Filed!
Telephone: 510-919-3214 Superior Court of California,
Email: laracsmith@gmail.com County of San Francisco
Attorneys for Defendant JUL 24 2 9 14
SAN FRANCISCO DEPUTY SHERIFFS’ ASSOCIATION BY: WILLIAM TRUPEK
Deputy Clerk
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JOHNA PECOT, THOMAS ARATA, RICH Case No. CGC - 10 -801168
OWYANG, STEPHEN TILTON, JOSEPH
LEAKE, and OSCAR TAYLOR, Individually [PROPOSED] ORDER ON THE SFDSA’S
and on behalf of all other similarly situated, REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF ITS DEMURRER WITHOUT
Plaintiffs, LEAVE AMEND TO PLAINTIFFS’
v. AMENDED COMPLAINT OR IN THE
ALTERNATIVE, MOTION TO STRIKE
SAN FRANCISCO DEPUTY SHERIFF’S CERTAIN CLAIMS
ASSOCIATION, a California Nonprofit
Corporation, SAN FRANCISCO DEPUTY Date: September 4, 2014
SHERIFF’S FOUNDATION, a California Time: 9:30 a.m.
Nonprofit Corporation, DAVID WONG, an Dept: 302
individual, MICHAEL ZEHNER, an individual, Reservation No. 072214-03
BRIAN SAVAGE, an individual, SHEDRICK
McDANIELS, an individual, and DOES 1-100,
Defendants.
The above entitled matter came on for hearing on September 4, at 9:30 am in Department 302 of
the above entitled Superior Court with Lara C. Smith appearing for moving party for the Defendant San
Francisco Deputy Sheriff's Association (DSA), Paul Kranz, appearing on behalf of Plaintiffs Johna
Pecot, Thomas Arata, Rich Owyang, Stephen Tilton, Joseph Leake, and Oscar Taylor, and Lawrence D.
Murray on behalf of the individual Defendants David Wong, Michael Zehner, Brian Savage, and
Shedrick McDaniels. The matter having been presented, and submitted:
IT IS THEREFORE ORDERED:
The Court takes judicial notice of the following:
1
(Proposed) Order for SFDSA’s Requst for Judicial Notice in Support of DemurrerDate:
1) The original Complaint filed by Plaintiffs in this action on June 30, 2010 attached to the
Request as Exhibit 1;
2) This Court’s Order on the individual Defendants’ Motion for Judgment on the Pleadings
entered by the Court on September 12, 2013, attached to the Request as Exhibit 2;
3) The Second Amended Complaint in Pecot et al. v. San Francisco Deputy Sheriffs’
Association, et al., Northern District of California Case No. CV08-5125 CRB, attached to the
Request as Exhibit 3; and,
4) Plaintiffs’ Response to Defendants’ Motion for Judgment on the Pleadings, attached to the
Request as Exhibit 4.
Judge of the Superior Court
2
(Proposed) Order for SFDSA’s Requst for Judicial Notice in Support of Demurrer
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Lara Cullinane-Smith, SBN 268671 Law OFFICE OF Lara C. SMITH 1086 Arlington Blvd. ELECTRONICALLY El Cerrito, California 94530 Received Not Filed! Telephone: 510-919-3214 Superior Court of California, Email: laracsmith@gmail.com County of San Francisco Attorneys for Defendant JUL 24 2 9 14 SAN FRANCISCO DEPUTY SHERIFFS’ ASSOCIATION BY: WILLIAM TRUPEK Deputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO JOHNA PECOT, THOMAS ARATA, RICH Case No. CGC - 10 -801168 OWYANG, STEPHEN TILTON, JOSEPH LEAKE, and OSCAR TAYLOR, Individually [PROPOSED] ORDER ON THE SFDSA’S and on behalf of all other similarly situated, REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS DEMURRER WITHOUT Plaintiffs, LEAVE AMEND TO PLAINTIFFS’ v. AMENDED COMPLAINT OR IN THE ALTERNATIVE, MOTION TO STRIKE SAN FRANCISCO DEPUTY SHERIFF’S CERTAIN CLAIMS ASSOCIATION, a California Nonprofit Corporation, SAN FRANCISCO DEPUTY Date: September 4, 2014 SHERIFF’S FOUNDATION, a California Time: 9:30 a.m. Nonprofit Corporation, DAVID WONG, an Dept: 302 individual, MICHAEL ZEHNER, an individual, Reservation No. 072214-03 BRIAN SAVAGE, an individual, SHEDRICK McDANIELS, an individual, and DOES 1-100, Defendants. The above entitled matter came on for hearing on September 4, at 9:30 am in Department 302 of the above entitled Superior Court with Lara C. Smith appearing for moving party for the Defendant San Francisco Deputy Sheriff's Association (DSA), Paul Kranz, appearing on behalf of Plaintiffs Johna Pecot, Thomas Arata, Rich Owyang, Stephen Tilton, Joseph Leake, and Oscar Taylor, and Lawrence D. Murray on behalf of the individual Defendants David Wong, Michael Zehner, Brian Savage, and Shedrick McDaniels. The matter having been presented, and submitted: IT IS THEREFORE ORDERED: The Court takes judicial notice of the following: 1 (Proposed) Order for SFDSA’s Requst for Judicial Notice in Support of DemurrerDate: 1) The original Complaint filed by Plaintiffs in this action on June 30, 2010 attached to the Request as Exhibit 1; 2) This Court’s Order on the individual Defendants’ Motion for Judgment on the Pleadings entered by the Court on September 12, 2013, attached to the Request as Exhibit 2; 3) The Second Amended Complaint in Pecot et al. v. San Francisco Deputy Sheriffs’ Association, et al., Northern District of California Case No. CV08-5125 CRB, attached to the Request as Exhibit 3; and, 4) Plaintiffs’ Response to Defendants’ Motion for Judgment on the Pleadings, attached to the Request as Exhibit 4. Judge of the Superior Court 2 (Proposed) Order for SFDSA’s Requst for Judicial Notice in Support of Demurrer