Request,Application: Terri Dikes v. Santa Clara Valley Water District

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                                19CV346252
                                               Santa Clara — Civil

                                                                                                                   R.   Nguyen
     Phillip J. Griego (SBN 76616)
     LAW OFFICE OF PHILLIP J. GRIEGO
                                                                              Electronically Filed
     65 Washington Street PMB 182
                                                                              by Superior Court of CA,
     Santa Clara, CA 95050
                                                                              County of Santa Clara,
     Tel. 408-293-6341
     Fax 408-865-7936                                                         on 12/6/2019 9:32 AM
                                                                              Reviewed By: R. Nguyen
                                                                              Case #19CV346252
     Attorney for Plaintiff Terri Dikes                                       Envelope: 3736995




                            IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                       FOR THE COUNTY OF SANTA CLARA
10                                           UNLIMITED JURISDICTION

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     Terri Dikes, an individual,                              Case Number: 19CV346252

                                Plaintiff,                    PLAINTIFF’S REQUEST FOR JUDICIAL
B                                                             NOTICE OPPOSING DEFENDANT’S
     V.                                                       DEMURRER TO FIRST AMENDED
4                                                             COMPLAINT
          Santa Clara Valley Water District,     and
     DOES      1-25                                           Hearing Date: December    19, 2019
                                                              Time: 9:00 am
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                      Defendants                              Dept: 8
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                                                              Complaint filed April 10, 2019
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nD        Plaintiff, TERRI DIKES, in opposition to Defendant’s demurrer to her First Amended
2i   Complaint, hereby requests this Court to take Judicial Notice of the attached. The documents are

     televant to these proceedings because they define Districts fiduciary obligations to Plaintiff after

     contracting with CalPERS to its employees:

m4        1    CalPERS Board of Administration and Executive Offsite — January 2017.               Exhibit A.

          2.   Inre Application of Smith (March 31, 1999) PERS Prec. Dec. No. 99-01.           Exhibit B.

               This Court may take judicial notice of “official acts of the . . . judicial departments of. .

     any State .       .”    Judicial acts includes order of administrative agencies. Evidence Code §452(c)

     Rodas vy. Speigel (2001) 87 Cal. App. 4" 513, 518, and (h) ”Facts and propositions that are not

     PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE                   OPPOSING   DEFENDANT’S     DEMURRER       TO     FIRST
     AMENDED COMPLAINT Case Number: 19CV346252
reasonably subject to dispute and are capable of immediate and accurate determination by resort to

     sources of reasonably indisputable accuracy.”

        The trial court shall take judicial     notice of any matter specified in Section 452            if a party

     requests it and gives each adverse party sufficient notice of the request, through the pleadings or

5    otherwise, to enable such adverse party to prepare to meet the request and furnishes the court with

     sufficient information to enable it to take judicial notice of the matter.


     Date: December 5,2019                                    Respectfully submitted,

                                                                       LLtye a x L J 1shese
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                                                              Phillip J. Griego, Attorney for Plaintiff
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     PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE                OPPOSING     DEFENDANT’S          DEMURRER   TO   FIRST
     AMENDED COMPLAINT Case Number: 19CV346252

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