Motion,Ex Parte: ALVARADO, JUVENAL vs. DILL, ROBERT GROCE (INDIVIDUALLY AND DBA

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                                                                                              Loren Jackson
                                                                                              District Clark




                                               NO. 2007-13757
                                                                                 By
JUVENAL ALVARADO, ET Al.,                              §          IN THE DISTRICT COURT GP”
                               Plaintiffs,             §
Vv.                                                    §          HARRIS COUNTY, TEXAS

ROBERT GROCE DILL, Individually and                    §
d/b/a ARROW TOWING, ET AL.,                            §
                               Defendants.             §          334" JUDICIAL DISTRICT


                            PLAINTIFFS’ MOTION TO TAKE JUDICIAL NOTICE

TO THE HONORABLE JUDGE OF SAID COURT:

             Plaintiffs Juvenal Alvarado, Feliciano Alvarado and Aracely Alvarado ask the Court

to gant this motion to take judicial notice and, in support thereof, show as follows:

             Pursuant to Rule 202, Texas Rules of Evidence, Plaintiffs ask the Court to take

judicial notice of the following state laws:

            Occupations Code, Subchapter G, Sections 1702.161 through 1702.171. Plaintiffs

specifically call the Court's attention to Sections 1702.161          and 1702.162, which state:

            Sec. 1702.161. SECURITY OFFICER COMMISSION                   REQUIRED.

            (a) An individual employed as a security officer to carrya fire arm in the course and
scope of the individual's duties unless the individual holds a security officer commission.

            (b)       An individual employed as a security officer may not knowingly carry a firearm
during the course of performing duties as a security officer unless the commission has
issued a security officer commission to the individual.

       © A person may not hire or employ an individual as a security officer to carry a
firearm in the course and scope of the individual's duties unless the individual holds a
security officer commission.

Acts 1999, 76" Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77" Leg.,
ch. 1420, Sec. 14.610, eff. Sept. 1, 2001.

     Sec. 1702.167. EMPLOYER'S APPLICATION           FOR SECURITY OFFICER
COMMISSION.   The employer of a security officer who applies for a security officer


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commission for the officer must           submit   an application   to the commission        on a form
provided by the commission.

Acts 1999, 76" Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77" Leg.,
ch. 1420, Sec. 14.611, eff. Sept. 1, 2001.

             A copy of Occupations Code, Subchapter G, Sections 1702.161 through 1702.171

is attached hereto as Exhibit 1 and incorporated by reference hereto.

             In the instant case,   not only was   Mesha   Boyles   armed,       she gave   her gun       to

Defendant Samuel Lee Thompson during the altercation. See Exhibit 2, the Affidavit of

Javier Cardenas.

             For these reasons, Plaintiffs ask the Court to grant this motion and take judicial

notice as requested and allow Mr. Cardenas to testify before the jury on these matters and

for such other and further relief to which they may be entitled at law and in equity.

                                                        Respectfully submitted,

                                                        ARMANDO LOPEZ, P.C.
                                                        8433 Katy Freeway, Suite 200
                                                        Houston, Texas 77024-1936
                                                        713.647.8944       Tel
                                                        713.647.8994       Fax




                                                        State Bar No. 12562800




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                                          VERIFICATION

STATE OF TEXAS                   §
COUNTY OF HARRIS                 §

             BEFORE   ME,   the undersigned   Notary Public, on this day personally appeared
Armando Lopez, who, being by me duly sworn, on his oath deposed and said that he is an
attorney of record for Plaintiffs in the above entitled and numbered action, that he has read
the above and foregoing Motion to Take Judicial Notice and that the statement s in support
of the motion are true and correct and Exhibit 1 to this motion is a true and correct copy
of Occupations Code, Subchapter G, Sections 1702.161 through 1702.171.




            GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 6" day of January
2010.


                                                 Give >./\doae—
                                                     Notary Public in and for The State of Texas

                                                     My Commission     Expires:   St/83041

                                                              09/19 [zr



                                     CERTIFICATE OF SERVICE

      | hereby certify that on the 6" day of January 2010, the foregoing document was
hand delivered Defendants’ counsel of record, Everrett Day and John Riesley.




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