Motion-Secondary: JANE DOE VS PASADENA UNIFIED SCHOOL DISTRICT ET AL

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                                Electronically FILED by Superior Court of California, County of Los Angeles on 07/13/2022 06:50 PM Sherri R. Carter, Executive Officer/Clerk of Court, by J. Ballesteros,Deputy Clerk




                                                                   1     NANCY P. DOUMANIAN, ESQ., SBN: 168925
                                                                         DOUMANIAN & ASSOCIATES
                                                                   2     837 South Fair Oaks Avenue, Suite 200
                                                                         Pasadena, California 91105
                                                                   3     Telephone (626) 795-5802
                                                                         Facsimile (626) 795-5832
                                                                   4     Email: nancy@nancylaw.com
                                                                   5     Attorneys for Defendant,
                                                                         PASADENA UNIFIED SCHOOL DISTRICT, a public entity
                                                                   6
  PUBLIC ENTITY DEFENDANT, NO FILING FEE PER GOV’ T. CODE § 6103




                                                                   7

                                                                   8                     SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                                                   9                     COUNTY OF LOS ANGELES – CENTRAL DISTRICT

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                                                                   11   JANE DOE, a minor, by and through her               CASE NO. BC662842
                                                                        guardian ad litem, KATHRYN T.                       [Assigned to the Honorable Patrick Madden,
                                                                   12   MCGUIGAN,                                           Department S28]

                                                                   13                    Plaintiff,                         DEFENDANT’S BRIEF ON EVIDENCE
                                                                                                                            CODE 1240 AND LACK OF
                                                                   14          v.                                           APPLICABILITY OF THE “EXCITED
                                                                                                                            UTTERANCE” EXCEPTION TO THE
                                                                   15   PASADENA UNIFIED SCHOOL                             HEARSAY RULE IN SUPPORT OF
                                                                        DISTRICT, BRIAN MCDONALD, in His                    DEFENDANT’S MOTION IN LIMINE #8
                                                                   16   Official Capacity as Superintendent of              TO EXCLUDE HEARSAY
                                                                        Pasadena Unified School District, FOCUS             STATEMENTS; REQUEST FOR
                                                                   17   POINT ACADEMY, MICHAEL BELL, in                     HEARING
                                                                        His Official Capacity as Principal of Focus
                                                                   18   Point Academy, KELLY RANEY, in Her
                                                                        Official Capacity as Teacher at Focus Point
                                                                   19   Academy, COUNTY OF LOS ANGELES, a                   SUBMITTED: JULY 13, 2022
                                                                        public entity, LOS ANGELES                          DEPT: S28
                                                                   20   DEPARTMENT OF MENTAL HEALTH,
                                                                        ROE 1, A MINOR, ROE PARENT 1-5; ROE
                                                                   21   2, A MINOR, AND ROE PARENT 6-10,
                                                                        ROE 3, A MINOR, AND ROE PARENT 11-
                                                                   22   15, AND DOES 1-100, INCLUSIVE,

                                                                   23                    Defendants.

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                                                                   25          TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF

                                                                   26   RECORD:

                                                                   27          COMES NOW Defendant PASADENA UNIFIED SCHOOL DISTRICT, a public entity

                                                                   28   and hereby submits the following brief on Evidence Code Section 1240 and the lack of

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                                                                                    DEFENDANT’S BRIEF ON EVIDENCE CODE 1240 AND EXCITED UTTERANCE