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USTIN M. PENN (SBN CA 302350)
jpenn@hinshawlaw.com
SARA E. FRANKS (SBN 345940)
sfranks@hinshawlaw.com
HINSHAW & CULBERTSON LLP
350 South Grand Ave., Suite 3600
Los Angeles, CA 90071-3402
Telephone: 213-680-2800
Facsimile: 213-614-7399
Attorneys for Plaintiff and Cross Defendant Velocity
Investments, LLC and Cross-Defendant Velocity Portfolio
Group, Inc.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
VELOCITY INVESTMENTS, LLC Case No. 16CV300096
Plaintiff Assigned to: Dept. 19; The Honorable
Theodore C. Zayner
vs.
MARIA CANUL, REQUEST FOR JUDICIAL NOTICEIN
SUPPORT CROSS DEFENDANTS’
Defendant OPPOSITION TO CROSS
COMPLAINANT MARIA CANUL’S
MOTION FOR SUMMARY JUDGMENT,
OR IN THE ALTERNATIVE, MOTION
FOR SUMMARY ADJUDICATION
MARIA CANUL
Memorandum of Points and Authorities,
Cross-Complainant, Separate Statement of Undisputed Material
Facts, Compendium of Documentary
vs. Evidence, and Declaration of Deanna Sgro
concurrently filed herewith.]
VELOCITY INVESTMENTS, LLC, a New
Jersey limited liability company; VELOCITY
PORTFOLIO GROUP, INC., a Delaware Date: October 25, 2023
corporation; and ROES 2 through 10, inclusive, Time: 1:30 p.m.
Dept.: 19
Cross Defendants.
Complaint Filed: September 20, 2016
HINSHAW & CULBERTSON
350 South Grand Ave., Suite 3600 REQUEST FOR JUDICIAL NOTICE
Los Angeles, CA 90071
2800 1045141 314787823.v1
TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD
HEREIN:
PLEASE TAKE NOTICE that pursuant to California Evidence Code Sections 450, et seq.,
Cross Defendants Velocity Investments, LLC and Velocity Portfolio Group, Inc. respectfully
requests that this Court take judicial notice of the following documents in connection with Cross
Defendants’ Opposition to Cross Complainant Maria Canul’s Motion for Summary Judgment, or in
the Alternative, Motion for Summary Adjudication.
Exhibit A: Attached as Exhibit A of the concurrently filed Compendium of
Documentary Evidence is a true and correct copy of Cross Defendant Velocity Investments, LLC’s
Complaint for Money. The Complaint for Money was filed on September 20, 2016.
Exhibit G: ttached hereto as Exhibit G of the concurrently filed Compendium of
Documentary Evidence is a true and correct copy of Cross Defendants’ Notice of Motion and
Memorandum of Points and Authorities in Support of Motion for Summary Judgment filed in this
Court on July 21, 2023.
xhibit H: Attached as Exhibit of the concurrently filed Compendium of
Documentary Evidenceis a true and correct copy of the September 21, 2023 Order Granting
Defendants’ Motion for Judgment on the Pleadings in Chai v. Velocity Investments, LLC, et al.,
Case No. 20CV373916.
Exhibits A, G, and H are judicially noticeable pursuant to Evidence Code sections 452(d)
452(h), and 453. Exhibit A, G, and H are judicially noticeable as records of this Court. Evid. Code
§ 452(d)See also Saltares v. Kristovihc , 6 Cal. App. 3d 504, 511 (1970) (a court may take judicial
notice of “the files of another case pending in the court”). Exhibit , G, and H a additionally
judicially noticeable as it is a matter that contains or represents “[f]acts and propositions that are not
reasonably subject to dispute and are capable of immediate and accurate determination by resort to
sources of reasonably indisputable accuracy.” Evid. Code § 452(h). On these grounds, Cross
Defendants requests this Court take judicial notice of Exhibits A, G, and H pursuant to Evidence
Code section 453.
HINSHAW & CULBERTSON
350 South Grand Ave., Suite 3600 REQUEST FOR JUDICIAL NOTICE
Los Angeles, CA 90071
2800 1045141 314787823.v1
DATED: September 27 HINSHAW & CULBERTSON LLP
By: /s/ Justin M. Penn
Justin M. Penn
Sara E. Franks
Attorneys for Plaintiff and Cross Defendant
Velocity Investments, LLC and Cross
Defendant Velocity Portfolio Group, Inc.
HINSHAW & CULBERTSON
350 South Grand Ave., Suite 3600 REQUEST FOR JUDICIAL NOTICE
Los Angeles, CA 90071
2800 1045141 314787823.v1
PROOF OF SERVICE
Velocity Investments, LLC vs. Maria Canul, et al. and X Action
Case No. 16CV300096
(STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within actions; my business address is 350 South Grand Ave., Suite 3600,
LosAngeles, CA 90071
September 27, 2023, I served the document(s) entitle REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF CROSS DEFENDANTS’ OPPOSITION TO CROSS
COMPLAINANT MARIA ’S MOTION FOR SUMMARY JUDGMENT, OR IN
THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION on the interested
parties in this action by placing true copies thereof enclosed in a sealed envelope(s) addressed as
stated below
SEE ATTACHED SERVICE LIST
BY E MAIL OR ELECTRONIC TRANSMISSION): Based on a court order or an
agreement of the parties to accept service by e mail or electronic transmission, I caused the
document(s) to be sent to the person[s] at the e mail address[es] set forth herein. I did not receive,
within a reasonable time after the transmission, any electronic message or other indication that the
transmission was unsuccessful. See Cal.R.Ct.R. 206
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on eptember 27, at Los Angeles , California.
/s/ Gloria Valles
Gloria V. Valles
1045141 309681129.v1
SERVICE LIST
Velocity Investments, LLC vs. Maria Canul, et al. and X Action
Case No. 6CV300096
Fred W. Schwinn (SBN 225575) Attorneys for Defendant/Cross Complainant
Raeon R. Roulston (SBN 255622) MARIA CANUL
Matthew C. Salmonsen (SBN 302854)
CONSUMER LAW CENTER, INC.
West Santa Clara Street
San Jose,California 9511
Telephone Number: (408) 294
Facsimile Number: (408) 294
Email Address:
fred.schwinn@sjconsumerlaw.com
raeon.roulston@sjconsumerlaw.com
matthew.salmonsen@sjconsumerlaw.com
1045141 309681129.v1
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USTIN M. PENN (SBN CA 302350) jpenn@hinshawlaw.com SARA E. FRANKS (SBN 345940) sfranks@hinshawlaw.com HINSHAW & CULBERTSON LLP 350 South Grand Ave., Suite 3600 Los Angeles, CA 90071-3402 Telephone: 213-680-2800 Facsimile: 213-614-7399 Attorneys for Plaintiff and Cross Defendant Velocity Investments, LLC and Cross-Defendant Velocity Portfolio Group, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA VELOCITY INVESTMENTS, LLC Case No. 16CV300096 Plaintiff Assigned to: Dept. 19; The Honorable Theodore C. Zayner vs. MARIA CANUL, REQUEST FOR JUDICIAL NOTICEIN SUPPORT CROSS DEFENDANTS’ Defendant OPPOSITION TO CROSS COMPLAINANT MARIA CANUL’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION MARIA CANUL Memorandum of Points and Authorities, Cross-Complainant, Separate Statement of Undisputed Material Facts, Compendium of Documentary vs. Evidence, and Declaration of Deanna Sgro concurrently filed herewith.] VELOCITY INVESTMENTS, LLC, a New Jersey limited liability company; VELOCITY PORTFOLIO GROUP, INC., a Delaware Date: October 25, 2023 corporation; and ROES 2 through 10, inclusive, Time: 1:30 p.m. Dept.: 19 Cross Defendants. Complaint Filed: September 20, 2016 HINSHAW & CULBERTSON 350 South Grand Ave., Suite 3600 REQUEST FOR JUDICIAL NOTICE Los Angeles, CA 90071 2800 1045141 314787823.v1 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD HEREIN: PLEASE TAKE NOTICE that pursuant to California Evidence Code Sections 450, et seq., Cross Defendants Velocity Investments, LLC and Velocity Portfolio Group, Inc. respectfully requests that this Court take judicial notice of the following documents in connection with Cross Defendants’ Opposition to Cross Complainant Maria Canul’s Motion for Summary Judgment, or in the Alternative, Motion for Summary Adjudication. Exhibit A: Attached as Exhibit A of the concurrently filed Compendium of Documentary Evidence is a true and correct copy of Cross Defendant Velocity Investments, LLC’s Complaint for Money. The Complaint for Money was filed on September 20, 2016. Exhibit G: ttached hereto as Exhibit G of the concurrently filed Compendium of Documentary Evidence is a true and correct copy of Cross Defendants’ Notice of Motion and Memorandum of Points and Authorities in Support of Motion for Summary Judgment filed in this Court on July 21, 2023. xhibit H: Attached as Exhibit of the concurrently filed Compendium of Documentary Evidenceis a true and correct copy of the September 21, 2023 Order Granting Defendants’ Motion for Judgment on the Pleadings in Chai v. Velocity Investments, LLC, et al., Case No. 20CV373916. Exhibits A, G, and H are judicially noticeable pursuant to Evidence Code sections 452(d) 452(h), and 453. Exhibit A, G, and H are judicially noticeable as records of this Court. Evid. Code § 452(d)See also Saltares v. Kristovihc , 6 Cal. App. 3d 504, 511 (1970) (a court may take judicial notice of “the files of another case pending in the court”). Exhibit , G, and H a additionally judicially noticeable as it is a matter that contains or represents “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” Evid. Code § 452(h). On these grounds, Cross Defendants requests this Court take judicial notice of Exhibits A, G, and H pursuant to Evidence Code section 453. HINSHAW & CULBERTSON 350 South Grand Ave., Suite 3600 REQUEST FOR JUDICIAL NOTICE Los Angeles, CA 90071 2800 1045141 314787823.v1 DATED: September 27 HINSHAW & CULBERTSON LLP By: /s/ Justin M. Penn Justin M. Penn Sara E. Franks Attorneys for Plaintiff and Cross Defendant Velocity Investments, LLC and Cross Defendant Velocity Portfolio Group, Inc. HINSHAW & CULBERTSON 350 South Grand Ave., Suite 3600 REQUEST FOR JUDICIAL NOTICE Los Angeles, CA 90071 2800 1045141 314787823.v1 PROOF OF SERVICE Velocity Investments, LLC vs. Maria Canul, et al. and X Action Case No. 16CV300096 (STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within actions; my business address is 350 South Grand Ave., Suite 3600, LosAngeles, CA 90071 September 27, 2023, I served the document(s) entitle REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF CROSS DEFENDANTS’ OPPOSITION TO CROSS COMPLAINANT MARIA ’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION on the interested parties in this action by placing true copies thereof enclosed in a sealed envelope(s) addressed as stated below SEE ATTACHED SERVICE LIST BY E MAIL OR ELECTRONIC TRANSMISSION): Based on a court order or an agreement of the parties to accept service by e mail or electronic transmission, I caused the document(s) to be sent to the person[s] at the e mail address[es] set forth herein. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. See Cal.R.Ct.R. 206 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on eptember 27, at Los Angeles , California. /s/ Gloria Valles Gloria V. Valles 1045141 309681129.v1 SERVICE LIST Velocity Investments, LLC vs. Maria Canul, et al. and X Action Case No. 6CV300096 Fred W. Schwinn (SBN 225575) Attorneys for Defendant/Cross Complainant Raeon R. Roulston (SBN 255622) MARIA CANUL Matthew C. Salmonsen (SBN 302854) CONSUMER LAW CENTER, INC. West Santa Clara Street San Jose,California 9511 Telephone Number: (408) 294 Facsimile Number: (408) 294 Email Address: fred.schwinn@sjconsumerlaw.com raeon.roulston@sjconsumerlaw.com matthew.salmonsen@sjconsumerlaw.com 1045141 309681129.v1