Preview
DANIEL V. KOHLS (State Bar No. 167987)
CHRISTINE E. JACOB (State Bar No. 216679)
2 MARIA S. ROSENFELD (State Bar No. 186116)
HANSEN, KOHLS, SOMMER & JACOB, LLP
3 1520 EUREKA ROAD, SUITE 100
ROSEVILLE, CALIFORNIA 95661-2849
4 TELEPHONE: (916) 781-2550 BLEO/EIMOOHSEO
dkohls@hansenkohls.com
5 ciacob@,hansenkohls.com
mrosenfeld@.hansenkohls.com NOV 1 3 2020
6
Attorneys for Defendant/Cross-Complainant
7 KRONICK, MOSKOVITZ, TIEDEMANN & By; DfpuW Cletk
GIRARD, and Defendant BRUCE A. SCHEIDT
8
9
10 SUPERIOR COURT OF CALIFORNIA
11 COUNTY OF SACRAMENTO
12
13 GOLDEN PACIFIC BANCORP, INC., Case No. 34-2018-00236905
a Califomia corporation; GOLDEN PACIFIC
14 BANK, N.A., DEFENDANTS KRONICK,
MOSKOVITZ, TIEDEMANN & GIRARD
15 Plaintiffs, AND BRUCE A. SCHEIDT'S REQUEST
FOR JUDICIAL NOTICE IN SUPPORT
16 vs. OF REPLY TO PLAINTIFF'S
OPPOSITION TO MOTION FOR
17 KRONICK, MOSKOVICH, TIEDEMANN & SUMMARY ADJUDICATION
GIRARD, a Professional Corporation;
18 BRUCE A. SCHEIDT; RICHARD E.
FOWLER and DOES 1-30; Date: November 18, 2020
19 Time: 1:30 p.m.
Defendants. Dept: 53
20 /
Reservation #: 2513805
21 KRONICK, MOSKOVITZ, TIEDEMANN &
GIRARD, a Professional Corporation,
22
Cross-Complainants, Complaint Filed: July 16, 2018
23 First Am. Complaint Filed: September 6, 2018
vs. Trial: To Be Re-Set
24
GOLDEN PACIFIC BANCORP, INC.,
25 a California corporation; GOLDEN PACIFIC
BANK, N.A., and ROES 1-30,
26
Cross-Defendants.
27
28
[203141] Defs' RFJN in Support of Reply to Plaintiffs Opposition to Motion for Summary Adjudication
2020 HOV 13 FH 1=^+^
SA(SAMCHTO COUNTS
1 Defendants KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD and BRUCE A.
2 SCHEIDT request that in considering its Reply to Plainfiffs Opposition to Mofion for Summary
3 Judgment, the Court take judicial notice of the following exhibits attached hereto:
4 1. Cover letter dated July 17, 1998, and Order #BPMC 98-143 from the New York
5 State Board for Professional Medical Conduct to Jeffrey Goltz, M.D., and
6 specifically the Surrender of License on the ground that Dr. Goltz did not contest
7 the factual allegation that he testified as an expert witness in Federal Court on or
8 about December 16, 1991, and he "stated that he had qualificafions and
9 credenfials that he in fact did not have."
10 2. . Article from Washington Post dated March 3, 1998, setfing forth that Dr. Goltz
11 was convicted of perjury because he testified: " . . . that he was educated at the
12 University of Michigan and New York University Medical School rather than
13 Michigan State and New York Medical College."
14 L
15 AUTHORITY FOR JUDICIAL NOTICE
16 Evidence Code section 452 provides the authority for this Court to take judicial notice of
17 the idenfified documents. In relevant part, that statute provides:
18 "Judicial notice may be taken of the following matters to the extent that they are
not embraced within Section 451:
19
20 (c) Official acts of the legislafive, execufive, and judicial departments of the United
States and of any state of the United States.
21 ...
22 (h) Facts and propositions that are not reasonably subject to dispute and are capable
of immediate and accurate determinafion by resort to sources of reasonably
23 indisputable accuracy."
24 Based upon the foregoing, this Court is respectfully requested to take judicial nofice of
25 the aforementioned documents as Exhibit 1 is an official act of the legislafive, executive or
26 judicial departments of New York, a state of the United States; and Exhibit 2 is a record of facts
27 and propositions that are not reasonably subject to dispute and are capable of immediate and
28 accurate determination by resort to sources of reasonably indisputable accuracy.
-2:,
[203 141] Defs' RFJN in Support of Reply to Plaintiffs Opposition to Motion for Summary Adjudication
1 DATED: November 13, 2020
2 HANSEN, KOHLS, SOMMER & JACOB, LLP
3
4
DANIEL V. KOHLS
5 CHRISTINE E. JACOB
MARIA S. ROSENFELD
6 Defendant^Cross-Complainant
KRONICK, MOSKOVITZ, TIEDEMANN &
7 GIRARD and Defendant BRUCE A. SCHEIDT
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[203141] Defs' RFJN in Support of Reply to Plaintiffs Opposition to Motion for Summary Adjudication
STATE OF CALIFORNIA
) ss. PROOF OF SERVICE
2 COUNTY OF PLACER )
3 I am a citizen ofthe United States and am employed within the county aforesaid; I am over
the age of eighteen years and not a party to the within action; my business address is Hansen, Kohls,
4 Sommer & Jacob, LLP, 1520 Eureka Road, Suite 100, Roseville, California 95661.
5 On the date menfioned below, I served the following DOCUMENTS:
6 DEFENDANTS KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD AND BRUCE A.
SCHEIDT'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF REPLY TO
7 PLAINTIFF'S OPPOSITION TO MOTION FOR SUMMARY ADJUDICATION
8 on the interested parties in said action addressed as follows:
9 Stephanie J. Finelli Attorneys for Plaintiffs/Cross-Defendants
Law Offices of Stephanie J. Finelli
10 3110 S Street
Sacramento, CA 95816
11 Tel: (916) 443-2144
Fax: (916) 443-1512
12 steph@fmellilaw.com
13 Michael J. Hassen
Reallaw, APC
14 1981 N. Broadway, Suite 280
Walnut Creek, CA 94596
15 Tel: (925) 359-7500
Fax:(925) 557-7690
16 mihassen@,reallaw.us
17
Michael D. Stein Attorneys for Defendant Rick Fowler
18 TISDALE & NICHOLSON, LLP
2029 Century Park East
19 Suite 1040
Los Angeles, CA 90067
20 Tel: (310) 286-1260
Fax: (310) 286-2351
21 mstein@t-nlaw.com
22 ( XX ) BY EMAIL TRANSMISSION - by transmitting via e-mail, per parties agreement,
a copy of the document(s) listed above to the e-mail addresses provided above.
23
( XX ) BY OVERNIGHT DELIVERY - by placing a true copy thereof enclosed in a
24 sealed envelope, with delivery fees paid or provided for, in a designated area for outgoing
overnight mail, addressed as set forth above. In the ordinary course of business mail placed
25 in that designated area is picked up that same day for delivery in the following business day.
26 I declare under penalty of perjury under the laws o£
Preview
DANIEL V. KOHLS (State Bar No. 167987) CHRISTINE E. JACOB (State Bar No. 216679) 2 MARIA S. ROSENFELD (State Bar No. 186116) HANSEN, KOHLS, SOMMER & JACOB, LLP 3 1520 EUREKA ROAD, SUITE 100 ROSEVILLE, CALIFORNIA 95661-2849 4 TELEPHONE: (916) 781-2550 BLEO/EIMOOHSEO dkohls@hansenkohls.com 5 ciacob@,hansenkohls.com mrosenfeld@.hansenkohls.com NOV 1 3 2020 6 Attorneys for Defendant/Cross-Complainant 7 KRONICK, MOSKOVITZ, TIEDEMANN & By; DfpuW Cletk GIRARD, and Defendant BRUCE A. SCHEIDT 8 9 10 SUPERIOR COURT OF CALIFORNIA 11 COUNTY OF SACRAMENTO 12 13 GOLDEN PACIFIC BANCORP, INC., Case No. 34-2018-00236905 a Califomia corporation; GOLDEN PACIFIC 14 BANK, N.A., DEFENDANTS KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD 15 Plaintiffs, AND BRUCE A. SCHEIDT'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT 16 vs. OF REPLY TO PLAINTIFF'S OPPOSITION TO MOTION FOR 17 KRONICK, MOSKOVICH, TIEDEMANN & SUMMARY ADJUDICATION GIRARD, a Professional Corporation; 18 BRUCE A. SCHEIDT; RICHARD E. FOWLER and DOES 1-30; Date: November 18, 2020 19 Time: 1:30 p.m. Defendants. Dept: 53 20 / Reservation #: 2513805 21 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD, a Professional Corporation, 22 Cross-Complainants, Complaint Filed: July 16, 2018 23 First Am. Complaint Filed: September 6, 2018 vs. Trial: To Be Re-Set 24 GOLDEN PACIFIC BANCORP, INC., 25 a California corporation; GOLDEN PACIFIC BANK, N.A., and ROES 1-30, 26 Cross-Defendants. 27 28 [203141] Defs' RFJN in Support of Reply to Plaintiffs Opposition to Motion for Summary Adjudication 2020 HOV 13 FH 1=^+^ SA(SAMCHTO COUNTS 1 Defendants KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD and BRUCE A. 2 SCHEIDT request that in considering its Reply to Plainfiffs Opposition to Mofion for Summary 3 Judgment, the Court take judicial notice of the following exhibits attached hereto: 4 1. Cover letter dated July 17, 1998, and Order #BPMC 98-143 from the New York 5 State Board for Professional Medical Conduct to Jeffrey Goltz, M.D., and 6 specifically the Surrender of License on the ground that Dr. Goltz did not contest 7 the factual allegation that he testified as an expert witness in Federal Court on or 8 about December 16, 1991, and he "stated that he had qualificafions and 9 credenfials that he in fact did not have." 10 2. . Article from Washington Post dated March 3, 1998, setfing forth that Dr. Goltz 11 was convicted of perjury because he testified: " . . . that he was educated at the 12 University of Michigan and New York University Medical School rather than 13 Michigan State and New York Medical College." 14 L 15 AUTHORITY FOR JUDICIAL NOTICE 16 Evidence Code section 452 provides the authority for this Court to take judicial notice of 17 the idenfified documents. In relevant part, that statute provides: 18 "Judicial notice may be taken of the following matters to the extent that they are not embraced within Section 451: 19 20 (c) Official acts of the legislafive, execufive, and judicial departments of the United States and of any state of the United States. 21 ... 22 (h) Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determinafion by resort to sources of reasonably 23 indisputable accuracy." 24 Based upon the foregoing, this Court is respectfully requested to take judicial nofice of 25 the aforementioned documents as Exhibit 1 is an official act of the legislafive, executive or 26 judicial departments of New York, a state of the United States; and Exhibit 2 is a record of facts 27 and propositions that are not reasonably subject to dispute and are capable of immediate and 28 accurate determination by resort to sources of reasonably indisputable accuracy. -2:, [203 141] Defs' RFJN in Support of Reply to Plaintiffs Opposition to Motion for Summary Adjudication 1 DATED: November 13, 2020 2 HANSEN, KOHLS, SOMMER & JACOB, LLP 3 4 DANIEL V. KOHLS 5 CHRISTINE E. JACOB MARIA S. ROSENFELD 6 Defendant^Cross-Complainant KRONICK, MOSKOVITZ, TIEDEMANN & 7 GIRARD and Defendant BRUCE A. SCHEIDT 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [203141] Defs' RFJN in Support of Reply to Plaintiffs Opposition to Motion for Summary Adjudication STATE OF CALIFORNIA ) ss. PROOF OF SERVICE 2 COUNTY OF PLACER ) 3 I am a citizen ofthe United States and am employed within the county aforesaid; I am over the age of eighteen years and not a party to the within action; my business address is Hansen, Kohls, 4 Sommer & Jacob, LLP, 1520 Eureka Road, Suite 100, Roseville, California 95661. 5 On the date menfioned below, I served the following DOCUMENTS: 6 DEFENDANTS KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD AND BRUCE A. SCHEIDT'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF REPLY TO 7 PLAINTIFF'S OPPOSITION TO MOTION FOR SUMMARY ADJUDICATION 8 on the interested parties in said action addressed as follows: 9 Stephanie J. Finelli Attorneys for Plaintiffs/Cross-Defendants Law Offices of Stephanie J. Finelli 10 3110 S Street Sacramento, CA 95816 11 Tel: (916) 443-2144 Fax: (916) 443-1512 12 steph@fmellilaw.com 13 Michael J. Hassen Reallaw, APC 14 1981 N. Broadway, Suite 280 Walnut Creek, CA 94596 15 Tel: (925) 359-7500 Fax:(925) 557-7690 16 mihassen@,reallaw.us 17 Michael D. Stein Attorneys for Defendant Rick Fowler 18 TISDALE & NICHOLSON, LLP 2029 Century Park East 19 Suite 1040 Los Angeles, CA 90067 20 Tel: (310) 286-1260 Fax: (310) 286-2351 21 mstein@t-nlaw.com 22 ( XX ) BY EMAIL TRANSMISSION - by transmitting via e-mail, per parties agreement, a copy of the document(s) listed above to the e-mail addresses provided above. 23 ( XX ) BY OVERNIGHT DELIVERY - by placing a true copy thereof enclosed in a 24 sealed envelope, with delivery fees paid or provided for, in a designated area for outgoing overnight mail, addressed as set forth above. In the ordinary course of business mail placed 25 in that designated area is picked up that same day for delivery in the following business day. 26 I declare under penalty of perjury under the laws o£