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1 JOHN C. MANLY, Esq. (State Bar No. 149080)
VINCE W. FINALDI, Esq. (State Bar No. 238279)
2 ALEX E. CUNNY, Esq. (State Bar No. 291567)
COURTNEY P. PENDRY, Esq. (State Bar No. 327382)
3 MANLY, STEWART & FINALDI
19100 Von Karman Ave., Suite 800
4 Irvine, CA 92612
Telephone: (949) 252-9990
5 Fax: (949) 252-9991
6 Attorneys for Plaintiff, JANE BE DOE
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 COUNTY OF MONTEREY
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JANE BE DOE an individual, Case No. 21CV000805
10 Judge: Hon. Thomas W. Wills
Plaintiff, Department: 15
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MANLY STEWART FINALDI
vs.
12
PLAINTIFF JANE BE DOE’S REQUEST
19100 Von Karman Avenue, Suite 800
BIG BROTHERS BIG SISTERS OF
Telephone (949) 252-9990
13 AMERICA, a California corporation; BIG FOR JUDICIAL NOTICE IN SUPPORT OF
Irvine, California 92612
BROTHERS BIG SISTERS OF MONTEREY OPPOSITION TO DEFENDANT BOYS
14 COUNTY, a California corporation; BOYS & AND GIRLS CLUB OF MONTEREY
GIRLS CLUBS OF MONTEREY COUNTY,
COUNTY’S MOTION FOR SUMMARY
15 a California corporation; JON DAVID
WOODY, an individual; and DOES 1-50, JUDGMENT (AMENDED)
16 inclusive,
[Filed concurrently with Opposition,
17 Defendants. Declaration of Courtney P. Pendry; Objections
to Evidence; Separate Statement, Notice of
18 Lodgment of Conditionally Sealed Evidence;
Compendium of Evidence; Motion to Seal
19 Records]
20 Hearing Date: November 3, 2023
Hearing Time: 8:30 am
21 Hearing Location: 15
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Date Action Filed: March 12, 2021
23 Trial Date: January 29, 2024
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TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that Plaintiff JANE BE DOE (“Plaintiff”), in support of her
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Opposition to Defendant BOYS AND GIRLS CLUB OF MONTEREY COUNTY (“BGCMC”)’s
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Motion for Summary Judgement, hereby requests the Court take judicial notice of the following
REQUEST FOR JUDICIAL NOTICE ISO PLAINTIFF'S OPPOSITION TO DEFENDANT BGCMC'S MOTION
FOR SUMMARY JUDGEMENT
1 documents, pursuant to California Evidence Code §§ 451 and 452, on the bases set forth below:
2 A. Records on File with the California Secretary of State
3 1. The Domestic Nonprofit Corporation Certificate of Dissolution filed on February
4 17, 2011 by Big Brothers/Big Sisters of Monterey County with the California
5 Secretary of State (Exhibit “8” to DCP)
6 Exhibit "8” is a record of the State of California and, thus, may be judicially notice under
7 Evidence Code § 452(d). See, Cody F. v. Falletti (2001) 92 Cal.App.4th 1232, 1237 (finding that
8 articles of incorporation filed with the Secretary of State were proper subject of judicial notice).
9 B. Records of the Monterey County Sherriff’s Office
10 1. The Monterey County, Office of the Sheriff’s January 17, 2008 crime/incident
11 report regarding Jane Doe 2’s report of sexual abuse perpetrated by Woody
MANLY STEWART FINALDI
12 (Exhibit “18” to DCP)
19100 Von Karman Avenue, Suite 800
13 Exhibit “18” contains facts and propositions that are not reasonably subject to the dispute and are
Telephone (949) 252-9990
Irvine, California 92612
14 capable of immediate and accurate determination by resort to sources of reasonably indisputable
15 accuracy and, thus, may be judicially notice under Evidence Code § 452(h).
16 C. Newspaper Articles
17 1. The Monterey Herald’s December 1, 2010 article (updated September 11, 2018)
18 entitled, “Prunedale man found guilty on molestation charges” (Exhibit “22” to
19 DCP)
20 California courts regularly take judicial notice of the existence and content of published
21 newspaper articles, under Evidence Code § 452(h). See, e.g., Seelig v. Infinity Broadcasting Corp.
22 (2002) 97 Cal.App.4th 798, 807 fn. 5; McKelvey v. Boeing N. Am., Inc. (1999) 74 Cal.App.4th
23 151, 162. The news article listed above may be judicially noticed under this provision.
24 D. Records of Any Court of the State of California
25 1. The decision of the Court of Appeal of the State of California Sixth Appellate
26 Division, dated March 11, 2013 re Defendant Jon David Woody’s appeal from a
27 judgment of conviction entered after a jury found him guilty of three counts of
28 sexual penetration of a child 10 or under and 17 counts of lewd acts upon a child 14
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REQUEST FOR JUDICIAL NOTICE ISO PLAINTIFF'S OPPOSITION TO DEFENDANT BGCMC'S MOTION
FOR SUMMARY JUDGEMENT
1 or under (Exhibit “19” to DCP)
2 Exhibit “19” is a record of a California court and, thus, may be judicially noticed under
3 Evidence Code § 452(d).
4 DATED: October 9, 2023 MANLY, STEWART & FINALDI
5
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By:
7 COURTNEY P. PENDRY, Esq.
Attorneys of Record for Plaintiff,
8 JANE BE DOE
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MANLY STEWART FINALDI
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19100 Von Karman Avenue, Suite 800
Telephone (949) 252-9990
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Irvine, California 92612
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REQUEST FOR JUDICIAL NOTICE ISO PLAINTIFF'S OPPOSITION TO DEFENDANT BGCMC'S MOTION
FOR SUMMARY JUDGEMENT
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF ORANGE
3
I am employed in the county of Orange, State of California. I am over the age of 18 and
4 not a party to the within action; my business address is 19100 Von Karman Ave., Suite 800,
Irvine, CA 92612.
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On October 11, 2023, I served the foregoing document described as PLAINTIFF JANE
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BE DOE’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO
7 DEFENDANT BOYS AND GIRLS CLUB OF MONTEREY COUNTY’S MOTION FOR
SUMMARY JUDGMENT (AMENDED)on the interested parties in this action addressed as
8 follows:
SEE ATTACHED SERVICE LIST
9
BY U.S. MAIL: I served the documents by enclosing them in an envelope and placing the
10 envelope for collection and mailing following our ordinary business practices. I am readily
familiar with this business’s practice of collection and processing of correspondence for mailing.
11 On the same day that correspondence is placed for collection and mailing, it is deposited in the
ordinary course of business with the United States Postal Service in a sealed envelope with
12 postage fully prepaid.
X BY E-MAIL OR ELECTRONIC TRANSMISSION I caused the documents to be sent to
19100 Von Karman Avenue, Suite 800
MANLY, STEWART & FINALDI
13 the persons on the e-mail addresses as listed below. I did not receive, within a reasonable time
Telephone: (949) 252-9990
ATTORNEYS AT LAW
14 after the transmission, any electronic message or other indication that the transmission was
Irvine, CA 92612
unsuccessful.
15
BY FACSIMILE TRANSMISSION: The facsimile machine I used complied with
16 California Rules of Court 2.301 and no error was reported by the machine. Pursuant to rule
2.306(h), I caused the machine to print a record of the transmission, a copy of which is attached
17 to this proof of service.
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BY OVERNIGHT DELIVERY: I caused the above-referenced document(s) to be
19 delivered via overnight delivery, for delivery to the above address(es).
20 _____(State) I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
21 _____(Federal) I declare that I am employed in the office of a member of the bar of this court
22 at whose direction, the service was made.
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Executed on October 11, 2023, Irvine, California.
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___________________________
25 Sadaf Anwar
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1 SERVICE LIST
2 Alison M. Crane, Esq., Partner
3 Tara A. Murray, Esq.
Bledsoe, Diestel, Treppa & Crane LLP
4 180 Sansome, 5th Floor
San Francisco, CA 94104
5 T : 415-981-5411
F : 415-981-0352
6
acrane@bledsoelaw.com
7 tmurray@bledsoelaw.com
calendar@bledsoelaw.com
8 Counsel for Defendants Big Brothers Big Sisters of America
9 PAUL CALEO
pcaleo@grsm.com
10 MARK HEISEY
mheisey@grsm.com
11 GORDON REES SCULLY MANSUKHANI, LLP
1111 Broadway, Suite 1700
12 Oakland, CA 94607
Telephone: (510) 463-8600
19100 Von Karman Avenue, Suite 800
MANLY, STEWART & FINALDI
13 Facsimile: (510) 984-1721
Telephone: (949) 252-9990
Attorneys for Defendant
ATTORNEYS AT LAW
14 BOYS & GIRLS CLUB OF MONTEREY COUNTY
Irvine, CA 92612
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1 JOHN C. MANLY, Esq. (State Bar No. 149080) VINCE W. FINALDI, Esq. (State Bar No. 238279) 2 ALEX E. CUNNY, Esq. (State Bar No. 291567) COURTNEY P. PENDRY, Esq. (State Bar No. 327382) 3 MANLY, STEWART & FINALDI 19100 Von Karman Ave., Suite 800 4 Irvine, CA 92612 Telephone: (949) 252-9990 5 Fax: (949) 252-9991 6 Attorneys for Plaintiff, JANE BE DOE 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF MONTEREY 9 JANE BE DOE an individual, Case No. 21CV000805 10 Judge: Hon. Thomas W. Wills Plaintiff, Department: 15 11 MANLY STEWART FINALDI vs. 12 PLAINTIFF JANE BE DOE’S REQUEST 19100 Von Karman Avenue, Suite 800 BIG BROTHERS BIG SISTERS OF Telephone (949) 252-9990 13 AMERICA, a California corporation; BIG FOR JUDICIAL NOTICE IN SUPPORT OF Irvine, California 92612 BROTHERS BIG SISTERS OF MONTEREY OPPOSITION TO DEFENDANT BOYS 14 COUNTY, a California corporation; BOYS & AND GIRLS CLUB OF MONTEREY GIRLS CLUBS OF MONTEREY COUNTY, COUNTY’S MOTION FOR SUMMARY 15 a California corporation; JON DAVID WOODY, an individual; and DOES 1-50, JUDGMENT (AMENDED) 16 inclusive, [Filed concurrently with Opposition, 17 Defendants. Declaration of Courtney P. Pendry; Objections to Evidence; Separate Statement, Notice of 18 Lodgment of Conditionally Sealed Evidence; Compendium of Evidence; Motion to Seal 19 Records] 20 Hearing Date: November 3, 2023 Hearing Time: 8:30 am 21 Hearing Location: 15 22 Date Action Filed: March 12, 2021 23 Trial Date: January 29, 2024 24 25 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 26 PLEASE TAKE NOTICE that Plaintiff JANE BE DOE (“Plaintiff”), in support of her 27 Opposition to Defendant BOYS AND GIRLS CLUB OF MONTEREY COUNTY (“BGCMC”)’s 28 Motion for Summary Judgement, hereby requests the Court take judicial notice of the following REQUEST FOR JUDICIAL NOTICE ISO PLAINTIFF'S OPPOSITION TO DEFENDANT BGCMC'S MOTION FOR SUMMARY JUDGEMENT 1 documents, pursuant to California Evidence Code §§ 451 and 452, on the bases set forth below: 2 A. Records on File with the California Secretary of State 3 1. The Domestic Nonprofit Corporation Certificate of Dissolution filed on February 4 17, 2011 by Big Brothers/Big Sisters of Monterey County with the California 5 Secretary of State (Exhibit “8” to DCP) 6 Exhibit "8” is a record of the State of California and, thus, may be judicially notice under 7 Evidence Code § 452(d). See, Cody F. v. Falletti (2001) 92 Cal.App.4th 1232, 1237 (finding that 8 articles of incorporation filed with the Secretary of State were proper subject of judicial notice). 9 B. Records of the Monterey County Sherriff’s Office 10 1. The Monterey County, Office of the Sheriff’s January 17, 2008 crime/incident 11 report regarding Jane Doe 2’s report of sexual abuse perpetrated by Woody MANLY STEWART FINALDI 12 (Exhibit “18” to DCP) 19100 Von Karman Avenue, Suite 800 13 Exhibit “18” contains facts and propositions that are not reasonably subject to the dispute and are Telephone (949) 252-9990 Irvine, California 92612 14 capable of immediate and accurate determination by resort to sources of reasonably indisputable 15 accuracy and, thus, may be judicially notice under Evidence Code § 452(h). 16 C. Newspaper Articles 17 1. The Monterey Herald’s December 1, 2010 article (updated September 11, 2018) 18 entitled, “Prunedale man found guilty on molestation charges” (Exhibit “22” to 19 DCP) 20 California courts regularly take judicial notice of the existence and content of published 21 newspaper articles, under Evidence Code § 452(h). See, e.g., Seelig v. Infinity Broadcasting Corp. 22 (2002) 97 Cal.App.4th 798, 807 fn. 5; McKelvey v. Boeing N. Am., Inc. (1999) 74 Cal.App.4th 23 151, 162. The news article listed above may be judicially noticed under this provision. 24 D. Records of Any Court of the State of California 25 1. The decision of the Court of Appeal of the State of California Sixth Appellate 26 Division, dated March 11, 2013 re Defendant Jon David Woody’s appeal from a 27 judgment of conviction entered after a jury found him guilty of three counts of 28 sexual penetration of a child 10 or under and 17 counts of lewd acts upon a child 14 2 REQUEST FOR JUDICIAL NOTICE ISO PLAINTIFF'S OPPOSITION TO DEFENDANT BGCMC'S MOTION FOR SUMMARY JUDGEMENT 1 or under (Exhibit “19” to DCP) 2 Exhibit “19” is a record of a California court and, thus, may be judicially noticed under 3 Evidence Code § 452(d). 4 DATED: October 9, 2023 MANLY, STEWART & FINALDI 5 6 By: 7 COURTNEY P. PENDRY, Esq. Attorneys of Record for Plaintiff, 8 JANE BE DOE 9 10 11 MANLY STEWART FINALDI 12 19100 Von Karman Avenue, Suite 800 Telephone (949) 252-9990 13 Irvine, California 92612 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 REQUEST FOR JUDICIAL NOTICE ISO PLAINTIFF'S OPPOSITION TO DEFENDANT BGCMC'S MOTION FOR SUMMARY JUDGEMENT 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF ORANGE 3 I am employed in the county of Orange, State of California. I am over the age of 18 and 4 not a party to the within action; my business address is 19100 Von Karman Ave., Suite 800, Irvine, CA 92612. 5 On October 11, 2023, I served the foregoing document described as PLAINTIFF JANE 6 BE DOE’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO 7 DEFENDANT BOYS AND GIRLS CLUB OF MONTEREY COUNTY’S MOTION FOR SUMMARY JUDGMENT (AMENDED)on the interested parties in this action addressed as 8 follows: SEE ATTACHED SERVICE LIST 9 BY U.S. MAIL: I served the documents by enclosing them in an envelope and placing the 10 envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business’s practice of collection and processing of correspondence for mailing. 11 On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with 12 postage fully prepaid. X BY E-MAIL OR ELECTRONIC TRANSMISSION I caused the documents to be sent to 19100 Von Karman Avenue, Suite 800 MANLY, STEWART & FINALDI 13 the persons on the e-mail addresses as listed below. I did not receive, within a reasonable time Telephone: (949) 252-9990 ATTORNEYS AT LAW 14 after the transmission, any electronic message or other indication that the transmission was Irvine, CA 92612 unsuccessful. 15 BY FACSIMILE TRANSMISSION: The facsimile machine I used complied with 16 California Rules of Court 2.301 and no error was reported by the machine. Pursuant to rule 2.306(h), I caused the machine to print a record of the transmission, a copy of which is attached 17 to this proof of service. 18 BY OVERNIGHT DELIVERY: I caused the above-referenced document(s) to be 19 delivered via overnight delivery, for delivery to the above address(es). 20 _____(State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 21 _____(Federal) I declare that I am employed in the office of a member of the bar of this court 22 at whose direction, the service was made. 23 Executed on October 11, 2023, Irvine, California. 24 ___________________________ 25 Sadaf Anwar 26 27 28 1 SERVICE LIST 2 Alison M. Crane, Esq., Partner 3 Tara A. Murray, Esq. Bledsoe, Diestel, Treppa & Crane LLP 4 180 Sansome, 5th Floor San Francisco, CA 94104 5 T : 415-981-5411 F : 415-981-0352 6 acrane@bledsoelaw.com 7 tmurray@bledsoelaw.com calendar@bledsoelaw.com 8 Counsel for Defendants Big Brothers Big Sisters of America 9 PAUL CALEO pcaleo@grsm.com 10 MARK HEISEY mheisey@grsm.com 11 GORDON REES SCULLY MANSUKHANI, LLP 1111 Broadway, Suite 1700 12 Oakland, CA 94607 Telephone: (510) 463-8600 19100 Von Karman Avenue, Suite 800 MANLY, STEWART & FINALDI 13 Facsimile: (510) 984-1721 Telephone: (949) 252-9990 Attorneys for Defendant ATTORNEYS AT LAW 14 BOYS & GIRLS CLUB OF MONTEREY COUNTY Irvine, CA 92612 15 16 17 18 19 20 21 22 23 24 25 26 27 28