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  • MICHAEL BRODHEIM VS. CALIFORNIA DEPARTMENT OF CORRECTIONS AND WRITS OF MANDATE OR PROH., CERTI., ETC./ADMIN. AGEN document preview
  • MICHAEL BRODHEIM VS. CALIFORNIA DEPARTMENT OF CORRECTIONS AND WRITS OF MANDATE OR PROH., CERTI., ETC./ADMIN. AGEN document preview
  • MICHAEL BRODHEIM VS. CALIFORNIA DEPARTMENT OF CORRECTIONS AND WRITS OF MANDATE OR PROH., CERTI., ETC./ADMIN. AGEN document preview
  • MICHAEL BRODHEIM VS. CALIFORNIA DEPARTMENT OF CORRECTIONS AND WRITS OF MANDATE OR PROH., CERTI., ETC./ADMIN. AGEN document preview
						
                                

Preview

1 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 7 8 9 10 11 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 19 20 21 22 23 24 25 26 27 28 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- 3 eligibility date. See Supplemental Declaration of Michael Risher at 2 ¶ 2 & Ex. B. It also posts on 4 its website the name of every person who has had a parole hearing, along with the county of 5 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 9 exhibits and provide current URLs for each of them. 10 The Court should judicially notice that these websites provide this information for two 11 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. 15 2. Evidence Code § 452(h) allows the court to judicially notice “[f]acts and propositions 16 that are not reasonably subject to dispute and are capable of immediate and accurate 17 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 19 post this information online. 20 July 9, 2020 /s/ Michael T. Risher 21 Michael T. Risher 22 23 24 25 26 27 28 2 Brodheim v. CDCR Request for Judicial Notice ISO Motion for Writ of Mandate