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WANGER JONES HELSLEY PC
265 East River Park Circle, Suite 3 10
Fresno, California 93720
Telephone: (559) 233-4800 E-FILED
Facsimile: (559)233—9330
1/16/2018 11:29 AM
Timothy Jones #1 19841 FRESNO COUNTY SUPERIOR COURT
Marisa L. Balch #258332 By: I. Herrera, Deputy
Attorneys for: Defendant and Cross—Complainant GUARANTEE REAL ESTATE, a California
corporation
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
CIVIL DIVISION
MICHAEL RAY BRIDGE; Case No. 17 CE CG 03536
SHERYL D. BRIDGE,
_ .
REQUEST FOR JUDICIAL
Plamtlffa
NOTICE 1N SUPPORT 0F
V.
MOTION To DISQUALIFY
COUNSEL
KEN HIGGINBOTHAM, an individual;
KATHY HIGGINBOTHAM, an individual; [ca], Code Civ, Proc, § 128(a)(5)]
GUARANTEE REAL ESTATE, a California
corporation;
. .
and DOES 1 through 15,
Hearin
me uswe’
l
Date: February 22, 2018
Defendants. Time: 3:30 pm.
Dept: 501
GUARANTEE REAL ESTATE, a California
Corporation,
Cross—Complainant,
V.
KEN HIGGINBOTHAM, an individual; and
ROES 1- 10, inclusive,
Cross-Defendants.
Defendant and Cross—Complainant Guarantee Real Estate (“Guarantee”) hereby
requests that the Court take judicial notice 0f the foflowing documents in support 0f its Motion
{7675/015/00801396DOC} 1
REQUEST FOR JUDICIAL NOTICE 1N 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
26 Ill
27 Ill
28 Ill
{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
2
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
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WANGER JONES HELSLEY PC 265 East River Park Circle, Suite 3 10 Fresno, California 93720 Telephone: (559) 233-4800 E-FILED Facsimile: (559)233—9330 1/16/2018 11:29 AM Timothy Jones #1 19841 FRESNO COUNTY SUPERIOR COURT Marisa L. Balch #258332 By: I. Herrera, Deputy Attorneys for: Defendant and Cross—Complainant GUARANTEE REAL ESTATE, a California corporation SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO CIVIL DIVISION MICHAEL RAY BRIDGE; Case No. 17 CE CG 03536 SHERYL D. BRIDGE, _ . REQUEST FOR JUDICIAL Plamtlffa NOTICE 1N SUPPORT 0F V. MOTION To DISQUALIFY COUNSEL KEN HIGGINBOTHAM, an individual; KATHY HIGGINBOTHAM, an individual; [ca], Code Civ, Proc, § 128(a)(5)] GUARANTEE REAL ESTATE, a California corporation; . . and DOES 1 through 15, Hearin me uswe’ l Date: February 22, 2018 Defendants. Time: 3:30 pm. Dept: 501 GUARANTEE REAL ESTATE, a California Corporation, Cross—Complainant, V. KEN HIGGINBOTHAM, an individual; and ROES 1- 10, inclusive, Cross-Defendants. Defendant and Cross—Complainant Guarantee Real Estate (“Guarantee”) hereby requests that the Court take judicial notice 0f the foflowing documents in support 0f its Motion {7675/015/00801396DOC} 1 REQUEST FOR JUDICIAL NOTICE 1N 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 26 Ill 27 Ill 28 Ill {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 2 3 By:·//11/ctm~M Timothy Jones 4 Marisa L. Balch Attorneys for Defendant and Cross- 5 Complainant GUARANTEE REAL 6 ESTATE, a California corporation 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {7675/015/00801396. DOC} 5 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISQUALIFY COUNSEL