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an oo fF WN
ROSEANN TORRES, SBN 206050
TARA MACOMBER, SBN 264725
TORRES LAW GROUP
300 Frank H Ogawa Plaza #203
Oakland, CA 94612
Tel 510.835.2484
Fax 510.835.2381
Attorney for Plaintiff
Emilia Sanchez
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
04/24/2019
Clerk of the Court
BY: VANESSA WU
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY SAN FRANCISCO
UNLIMITED JURISDICTION
EMILIA SANCHEZ,
Plaintiffs,
vs.
NIMER MASSIS; NAAJ INC., a California
Corporation, and DOES 2 through 10,
inclusive,
Defendants.
NIMER MASSIS,
Cross-Complainant,
vs.
EMILIA SANCHEZ
Cross-Defendant
Case No.: CGC-18-569861
REQUEST FOR JUDICIAL NOTICE
AND MEMORANDUM OF POINTS
AND AUTHORITIES IN SUPPORT
THEREOF
Hearing: Thursday 4/25/2019
Time: 11:00 a.m.
Dep’t: 302
REQUEST FOR JUDICIAL NOTICE
TORRES LAW GROUPan oo fF WN
TO ALL PARTIES AND THEIR COUSNEL OF RECORD: PLEASE TAKE
NOTICE that pursuant to California Evidence code Sections 452 and 453 and supporting case
law, Plaintiff Emilia Sanchez (“Plaintiff”) hereby respectfully requests that the Court take judicial
notice of the following material cited in Plaintiff's Motion to Strike Defendant NAAJ, Inc.’s
Demurrer of Plaintiff's First Amended Complaint.
This motion is based on this Notice of Motion, the accompanying Memorandum of Points
and Authorities, and the Declaration of Tara J. Macomber, the pleadings and records on file in this
action and upon such further documents and evidence as may be presented at the hearing of this
motion.
Dated: April 23, 2019
Respectfully Submitted,
TORRES LAW GROUP
By: A Ce
Tara Macomber
Attorney for Plaintiff
REQUEST FOR JUDICIAL NOTICE TORRES LAW GROUPan oo fF WN
MEMORANDUM OF POINTS AND AUTHORITIES
I. INTRODUCTION
A reviewing court may take judicial notice of any matter specified in Evidence code section
452. (Evid. Code, § 259.) The Court may notice “facts... that are not reasonably subject to
dispute.” (Evid. Code, § subd. (h).) Judicial notice of such facts is mandatory in the trial court upon
requ3est when the opposing party is permitted to raise objections and the court has enough
information about the facts to make a determination that they come within a category subject to
notice. (Evid. Code, § 453, sub. (b).) A reviewing court is permitted to notice facts just a s a trial
court (Evid. Code § 459, subd. (a).).
“Judicial notice is the recognition and acceptance by the court for use... by the court, of the
existence of a matter of law or fact that is relevant to an issue in the action without requiring
formal proof of the matter.” Lockley v. Law Office of Cantrell, Green, et al. (2001) 91 Cal-App.4
875, 822, citations and quotations omitted. “The underlying theory of judicial notice is that the
matter being judicially noticed is a law of fact that is not reasonably subject to dispute.” (Ibid.
Original emphasis: Evid. Code, § 452, subd. (h).)
Section 430.70 of the California Code of Civil Procedure provides that a demurrer may rely on
judicially noticed facts pursuant to section 452 or 453 of the Evidence Code. Courts may judicially
notice matters specified in California Evidence Code section 452. Judicial notice of such matters
must be taken if a party requests it, gives each adverse party sufficient notice of the request, and
furnishes the court with sufficient information to enable it to take judicial notice of the matter. Cal.
Evid. Code § 453. Evidence Code section 452 authorizes the Court to take judicial notice of
“[rjecords of ... any court of this state or ... any court of record of the United States” and “[fJacts
and propositions that are not reasonably subject to dispute and are capable of immediate and
REQUEST FOR JUDICIAL NOTICE TORRES LAW GROUPan oo fF WN
accurate determination by resort to sources of reasonably indisputable accuracy.” See Cal. Evid.
Code § 452(d), (h).
Plaintiff respectfully requests that this Court take judicial notice of the following materials
cited in the Motion to Strike Defendant NAAJ, Inc.’s demurrer to Plaintiff's first amended
complaint. True and correct copies of these Materials are attached as exhibits to the declaration of
Tara J. Macomber.
e Secretary of State, California, Business Search, Entity Details
(https://businesssearch.sos.ca.gov) April 8, 2019 (“Exhibit A”)
Il. THE COURT SHOULD TAKE JUDICIAL NOTICE OF THE ACTIONS BY
THE SECRETARY OF STATE AND FRANCHISE TAX BOARD
Exhibit A is noticeable as official acts of the Secretary of State and Franchise Tax Board.
Evidence code section 452(c) permits judicial notice of “[o]fficial acts of the legislative, executive,
and judicial departments “‘ of this state. “official acts include records, reports and orders of
administrative agencies.” Ordlock v. Franchise Tax Bd. (2006) 38 Cal.4" 897, 911, fn.8.) The
exhibit listed above involves actions by the Secretary of State of California and the Franchise Tax
Board.
Exhibit A is also a publicly available government record that is accessible on the webpage
of the California Secretary of State and is thus “not reasonably subject to dispute and [is] capable
of immediate and accurate determination by resort to source of reasonably indisputable accuracy. “
Evid. Code § 452(h).
Hil. CONCLUSION
REQUEST FOR JUDICIAL NOTICE TORRES LAW GROUPan oo fF WN
For the reasons stated above, Plaintiff Sanchez respectfully requests that the Court take judicial
notice of Exhibit A, a record of details of NAAJ, Inc. corporate status listed with the Secretary of
State and note for the record that NAAJ, Inc. is listed as a suspended corporation.
Dated: April 23, 2019
Respectfully Submitted,
TORRES LAW GROUP
By: A Ce
Tara Macomber
Attorney for Plaintiff
REQUEST FOR JUDICIAL NOTICE TORRES LAW GROUP
Preview
an oo fF WN ROSEANN TORRES, SBN 206050 TARA MACOMBER, SBN 264725 TORRES LAW GROUP 300 Frank H Ogawa Plaza #203 Oakland, CA 94612 Tel 510.835.2484 Fax 510.835.2381 Attorney for Plaintiff Emilia Sanchez ELECTRONICALLY FILED Superior Court of California, County of San Francisco 04/24/2019 Clerk of the Court BY: VANESSA WU Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY SAN FRANCISCO UNLIMITED JURISDICTION EMILIA SANCHEZ, Plaintiffs, vs. NIMER MASSIS; NAAJ INC., a California Corporation, and DOES 2 through 10, inclusive, Defendants. NIMER MASSIS, Cross-Complainant, vs. EMILIA SANCHEZ Cross-Defendant Case No.: CGC-18-569861 REQUEST FOR JUDICIAL NOTICE AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF Hearing: Thursday 4/25/2019 Time: 11:00 a.m. Dep’t: 302 REQUEST FOR JUDICIAL NOTICE TORRES LAW GROUPan oo fF WN TO ALL PARTIES AND THEIR COUSNEL OF RECORD: PLEASE TAKE NOTICE that pursuant to California Evidence code Sections 452 and 453 and supporting case law, Plaintiff Emilia Sanchez (“Plaintiff”) hereby respectfully requests that the Court take judicial notice of the following material cited in Plaintiff's Motion to Strike Defendant NAAJ, Inc.’s Demurrer of Plaintiff's First Amended Complaint. This motion is based on this Notice of Motion, the accompanying Memorandum of Points and Authorities, and the Declaration of Tara J. Macomber, the pleadings and records on file in this action and upon such further documents and evidence as may be presented at the hearing of this motion. Dated: April 23, 2019 Respectfully Submitted, TORRES LAW GROUP By: A Ce Tara Macomber Attorney for Plaintiff REQUEST FOR JUDICIAL NOTICE TORRES LAW GROUPan oo fF WN MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION A reviewing court may take judicial notice of any matter specified in Evidence code section 452. (Evid. Code, § 259.) The Court may notice “facts... that are not reasonably subject to dispute.” (Evid. Code, § subd. (h).) Judicial notice of such facts is mandatory in the trial court upon requ3est when the opposing party is permitted to raise objections and the court has enough information about the facts to make a determination that they come within a category subject to notice. (Evid. Code, § 453, sub. (b).) A reviewing court is permitted to notice facts just a s a trial court (Evid. Code § 459, subd. (a).). “Judicial notice is the recognition and acceptance by the court for use... by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter.” Lockley v. Law Office of Cantrell, Green, et al. (2001) 91 Cal-App.4 875, 822, citations and quotations omitted. “The underlying theory of judicial notice is that the matter being judicially noticed is a law of fact that is not reasonably subject to dispute.” (Ibid. Original emphasis: Evid. Code, § 452, subd. (h).) Section 430.70 of the California Code of Civil Procedure provides that a demurrer may rely on judicially noticed facts pursuant to section 452 or 453 of the Evidence Code. Courts may judicially notice matters specified in California Evidence Code section 452. Judicial notice of such matters must be taken if a party requests it, gives each adverse party sufficient notice of the request, and furnishes the court with sufficient information to enable it to take judicial notice of the matter. Cal. Evid. Code § 453. Evidence Code section 452 authorizes the Court to take judicial notice of “[rjecords of ... any court of this state or ... any court of record of the United States” and “[fJacts and propositions that are not reasonably subject to dispute and are capable of immediate and REQUEST FOR JUDICIAL NOTICE TORRES LAW GROUPan oo fF WN accurate determination by resort to sources of reasonably indisputable accuracy.” See Cal. Evid. Code § 452(d), (h). Plaintiff respectfully requests that this Court take judicial notice of the following materials cited in the Motion to Strike Defendant NAAJ, Inc.’s demurrer to Plaintiff's first amended complaint. True and correct copies of these Materials are attached as exhibits to the declaration of Tara J. Macomber. e Secretary of State, California, Business Search, Entity Details (https://businesssearch.sos.ca.gov) April 8, 2019 (“Exhibit A”) Il. THE COURT SHOULD TAKE JUDICIAL NOTICE OF THE ACTIONS BY THE SECRETARY OF STATE AND FRANCHISE TAX BOARD Exhibit A is noticeable as official acts of the Secretary of State and Franchise Tax Board. Evidence code section 452(c) permits judicial notice of “[o]fficial acts of the legislative, executive, and judicial departments “‘ of this state. “official acts include records, reports and orders of administrative agencies.” Ordlock v. Franchise Tax Bd. (2006) 38 Cal.4" 897, 911, fn.8.) The exhibit listed above involves actions by the Secretary of State of California and the Franchise Tax Board. Exhibit A is also a publicly available government record that is accessible on the webpage of the California Secretary of State and is thus “not reasonably subject to dispute and [is] capable of immediate and accurate determination by resort to source of reasonably indisputable accuracy. “ Evid. Code § 452(h). Hil. CONCLUSION REQUEST FOR JUDICIAL NOTICE TORRES LAW GROUPan oo fF WN For the reasons stated above, Plaintiff Sanchez respectfully requests that the Court take judicial notice of Exhibit A, a record of details of NAAJ, Inc. corporate status listed with the Secretary of State and note for the record that NAAJ, Inc. is listed as a suspended corporation. Dated: April 23, 2019 Respectfully Submitted, TORRES LAW GROUP By: A Ce Tara Macomber Attorney for Plaintiff REQUEST FOR JUDICIAL NOTICE TORRES LAW GROUP