On January 07, 2020 a
Request,Application
was filed
involving a dispute between
Brodheim, Michael,
and
California Department Of Corrections And,
for WRITS OF MANDATE OR PROH., CERTI., ETC./ADMIN. AGEN
in the District Court of San Francisco County.
Preview
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Michael T. Risher (SBN 191627)
2 Law Office of Michael T. Risher
2081 Center St. #154 ELECTRONICALLY
3 Berkeley CA 94704
Telephone: (510) 689-1657
F I L E D
4 Superior Court of California,
Facsimile: (510) 225-0941 County of San Francisco
5 Email: michael@risherlaw.com 07/09/2020
Clerk of the Court
BY: RONNIE OTERO
6 Deputy Clerk
Attorney for Plaintiff Michael Brodheim
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SUPERIOR COURT OF CALIFORNIA
12 COUNTY OF SAN FRANCISCO
13 Michael Brodheim, Case No. CPF-20-516978
14 Plaintiff, Request for Judicial Notice ISO Motion for
Writ of Mandate
15 v.
16 California Department of Corrections and Judge: Hon. Ethan P. Schulman
17 Rehabilitation, Hearing Date: July 16, 2020 at 1:30
Department: 302
18 Trial Date: none set
Defendant. Reservation No: 03050408-08
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Brodheim v. CDCR
Request for Judicial Notice ISO Motion for Writ of Mandate
1 Plaintiff asks the Court to take judicial notice that Defendant CDCR and three California jails
2 post certain information online regarding persons in their custody. Specifically, CDCR makes
information about every inmate available online – including name, age, admission and parole-
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eligibility date. See Supplemental Declaration of Michael Risher at 2 ¶ 2 & Ex. B. It also posts on
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its website the name of every person who has had a parole hearing, along with the county of
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commitment and the result of the hearing. Id. at 2 ¶ 3 & Ex. C. California jails in Los Angeles,
6 Orange, and Alameda counties post the race of each person in their custody along with each person’s
7 name and other information. See id. at 2-3 ¶¶ 4-7 & Ex. D-F.
8 Printouts of parts of these websites demonstrating this are attached to the Supplemental
Declaration of Michael Risher as Exhibits B-F. Paragraphs 2-7 of this same declaration verify these
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exhibits and provide current URLs for each of them.
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The Court should judicially notice that these websites provide this information for two
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reasons:
12 1. Evidence Code § 452(c) allows the court to judicially notice “[o]fficial acts” of the state.
13 This includes acts by counties. Cruz v. Cty. of Los Angeles, 173 Cal. App. 3d 1131,
14 1133–34 (1985). The government’s posting of this information on its websites is an
official act.
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2. Evidence Code § 452(h) allows the court to judicially notice “[f]acts and propositions
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that are not reasonably subject to dispute and are capable of immediate and accurate
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determination by resort to sources of reasonably indisputable accuracy.” The URLs
18 provided allow an immediate and accurate determination that the CDCR and these jails
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July 9, 2020 /s/ Michael T. Risher
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Michael T. Risher
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Brodheim v. CDCR
Request for Judicial Notice ISO Motion for Writ of Mandate
Document Filed Date
July 09, 2020
Case Filing Date
January 07, 2020
Category
WRITS OF MANDATE OR PROH., CERTI., ETC./ADMIN. AGEN
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