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1 WANGER JONES HELSLEY PC E-FILED
265 East River Park Circle, Suite 310 1/10/2018 5:12 PM
2 Fresno, California 93720 FRESNO COUNTY SUPERIOR COURT
Telephone: (559) 233-4800 By: L Peterson, Deputy
3 Facsimile: (559) 233-9330
4 Timothy Jones #119841
Marisa L. Balch #258332
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Attorneys for: Defendant and Cross-Complainant GUARANTEE REAL ESTATE, a California
7 corporation
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9 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
10 CIVIL DIVISION
11 MICHAEL RAY BRIDGE; Case No. 17 CE CG 03536
SHERYL D. BRIDGE,
12 REQUEST FOR JUDICIAL
Plaintiff, NOTICE IN SUPPORT OF
13 MOTION TO DISQUALIFY
v.
14 COUNSEL
KEN HIGGINBOTHAM, an individual;
15 KATHY HIGGINBOTHAM, an individual; [Cal. Code Civ. Proc. § 128(a)(5)]
GUARANTEE REAL ESTATE, a California
16 corporation; and DOES 1 through 15, Hearing
inclusive,
17 Date: January 31, 2018
Defendants. Time: 3:30 p.m.
18 Dept: 501
19 GUARANTEE REAL ESTATE, a California
Corporation,
20
21 Cross-Complainant,
22 V.
23 KEN HIGGINBOTHAM, an individual; and
24 ROES 1-10, inclusive,
I
25 Cross-Defendants.
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27 Defendant and Cross-Complainant Guarantee Real Estate ("Guarantee") hereby
28 requests that the Court take judicial notice of the following documents in support of its Motion
(7675/015/00796828.DOC)
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISQUALIFY COUNSEL
1 to Disqualify Counsel for Ken Higginbotham and Kathy Higginbotham ("Cross-Defendants,"
2 collectively) in this action.
3 1. Print-out from the California Department of Real Estate ("DRE"),
4 http://www2.dre.ca.gov, confirming that Brian Cuttone was previously broker of record for
5 Guarantee, a true and correct copy of which is attached hereto as Exhibit "A." This document
6 is judicially noticeable, pursuant to Evidence Code section 452, subdivision (h), as fact that is
7 not reasonably subject to dispute and is capable of immediate and accurate determination by
8 resort to resources of reasonably indisputable accuracy.
9 2. Print-out of the Court's electronic docket in Velma Pegues v. Guarantee
10 Real Estate, Fresno County Superior Court Case No.: 03CECG00489, a true and accurate copy
11 of which is attached hereto as Exhibit "B." This document is judicially noticeable, pursuant to
12 Evidence Code section 452, subdivision (d), as a record of this Court.
13 3. Print-out of the Court's electronic docket in Logan Heasley v. Dave
14 Jeffers, Fresno County Superior Court Case No.: 06CECG02999, a true and accurate copy of
15 which is attached hereto as Exhibit "C." This document is judicially noticeable, pursuant to
16 Evidence Code section 452, subdivision (d), as a record of this Court.
17 4. Print-out of the Court's electronic docket in Guarantee Real Estate v.
18 Jim Sherrick, Fresno County Superior Court Case No.: 06CECG02948, a true and accurate
19 copy of which is attached hereto as Exhibit "D." This document is judicially noticeable,
20 pursuant to Evidence Code section 452, subdivision (d), as a record of this Court.
21 5. Print-out of the Court's electronic docket in M Shahnematollahi v.
22 Guarantee, Fresno County Superior Court Case No.: 07CECG03640, a true and accurate copy
23 of which is attached hereto as Exhibit "E." This document is judicially noticeable, pursuant to
24 Evidence Code section 452, subdivision (d), as a record of this Court.
25 6. Print-out of the Court's electronic docket in Scott Loewen v. Guarantee
26 Financial Real Estate, Fresno County Superior Court Case No.: 07CECG01581, a true and
27 accurate copy of which is attached hereto as Exhibit "F." This document is judicially
28 noticeable, pursuant to Evidence Code section 452, subdivision (d), as a record of this Court.
{7675/015/00796828. DOC) 2
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISQUALIFY COUNSEL
1 7. Print-out of the Court's electronic docket in Txwm K. Her v. Chou
2 Moua, Fresno County Superior Court Case No.: 07CECG00581, a true and accurate copy of
3 which is attached hereto as Exhibit "G." This document is judicially noticeable, pursuant to
4 Evidence Code section 452, subdivision (d), as a record of this Court.
5 8. Print-out of the Court's electronic docket in Roque-Duran v. Bird, et al.,
6 Fresno County Superior Court Case No.: 08CECG00521, a true and accurate copy of which is
7 attached hereto as Exhibit "H." This document is judicially noticeable, pursuant to Evidence
8 Code section 452, subdivision (d), as a record of this Court.
9 9. Print-out of the Court's electronic docket in Lloyd v. Jebian, Fresno
10 County Superior Court Case No.: 12CECG00576, a true and accurate copy of which is
11 attached hereto as Exhibit "I." This document is judicially noticeable, pursuant to Evidence
12 Code section 452, subdivision (d), as a record of this Court.
13 10. Copy of the Court's docket in Gonzalez v. Lopez, et al., Madera County
14 Superior Court Case No.: MCV06445, a true and accurate copy of which is attached hereto as
15 Exhibit "J." This document is judicially noticeable, pursuant to Evidence Code section 452,
16 subdivision (d), as a record of the Court.
17 11. Print-out of the Court's electronic docket in Guarantee Real Estate v.
18 Todd Blum, Fresno County Superior Court Case No.: 14CECG03140, a true and accurate copy
19 of which is attached hereto as Exhibit "K." This document is judicially noticeable, pursuant to
20 Evidence Code section 452, subdivision (d), as a record of this Court.
21 12. Print-out of the Court's electronic docket in J. Scott Leonard v.
22 Shriesher, Fresno County Superior Court Case No.: 14CECL07244, a true and accurate copy
23 of which is attached hereto as Exhibit "L." This document is judicially noticeable, pursuant to
24 Evidence Code section 452, subdivision (d), as a record of this Court.
25 13. Print-out of the Court's electronic docket in Guarantee v. Angelina
26 Booth, Fresno County Superior Court Case No.: 14CECG0376, a true and accurate copy of
27 which is attached hereto as Exhibit "M." This document is judicially noticeable, pursuant to
28 Evidence Code section 452, subdivision (d), as a record of this Court.
(7675/0 I S/00796828.DOC) 3
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISQUALIFY COUNSEL
1 14. Print-out of the Court's electronic docket in Guarantee Real Estate v.
2 The Hanover Ins., Fresno County Superior Court Case No.: 14CECG01288, a true and accurate
3 copy of which is attached hereto as Exhibit "N." This document is judicially noticeable,
4 pursuant to Evidence Code section 452, subdivision (d), as a record of this Court.
5 15. Print-out of the Court's electronic docket in Guarantee Real Estate v.
6 Kim Marin, et al., Fresno County Superior Court Case No.: 15CESC02185, a true and accurate
7 copy of which is attached hereto as Exhibit "0." This document is judicially noticeable,
8 pursuant to Evidence Code section 452, subdivision (d), as a record of this Court.
9 16. Print-out of the Court's electronic docket in Najarian v. Sultan, et al.,
IO Fresno County Superior Court Case No.: 15CECG02234, a true and accurate copy of which is
11 attached hereto as Exhibit "P." This document is judicially noticeable, pursuant to Evidence
12 Code section 452, subdivision (d), as a record of this Court.
13 17. Print-out of the Court's electronic docket in TGP Investments, LLC v.
14 Boganwright, III,et al., Fresno County Superior Court Case No.: 15CECG01054, a true and
15 accurate copy of which is attached hereto as Exhibit "Q." This document is judicially
16 noticeable, pursuant to Evidence Code section 452, subdivision (d), as a record of this Court.
17 18. Print-out of the Court's electronic docket in Joseph Weidenbach v. Scott,
18 Fresno County Superior Court Case No.: 16CECG00394, a true and accurate copy of which is
19 attached hereto as Exhibit "R." This document is judicially noticeable, pursuant to Evidence
20 Code section 452, subdivision (d), as a record of this Court.
21 19. Minute Order granting Motion to Disqualify Counsel in Brice Young v.
22 Marjorie D. Ekparian et al., Fresno County Superior Court Case No.: 17CECG00965, a true
23 and accurate copy of which is attached hereto as Exhibit "S." This document is judicially
24 noticeable, pursuant to Evidence Code section 452, subdivision (d), as a record of this Court.
25 Ill
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27 Ill
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{7675/015/00796828.DOC} 4
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISQUALIFY COUNSEL
1 Dated: January 8, 2018 WANGER JONES HELSLEY PC
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3 By:·//11/ctm~M
Timothy Jones
4 Marisa L. Balch
Attorneys for Defendant and Cross-
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Complainant GUARANTEE REAL
6 ESTATE, a California corporation
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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISQUALIFY COUNSEL