On October 22, 2010 a
Motion,Ex Parte
was filed
involving a dispute between
Citysightseeing Corporation,
Daux, Benjamin,
Gina Schembari Individually , And On Behalf Of All,
Hayward, David,
Nails, Phillip Thomas,
Salvatore Mineo Individually, And On Behalf Of All,
and
Citysightseeing Corporation,
City Sightseeing Corporation, A Delaware,
City Sightseeing Ltd.,
City Sightseeing Worlwide,
Does 1 To 500, Inclusive,
for civil
in the District Court of San Francisco County.
Preview
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-12-2012 3:40 pm
Case Number: CGC-10-504804
Filing Date: Oct-12-2012 3:39
Filed by: WESLEY G. RAMIREZ
Juke Box: 001 Image: 03801121
REQUEST FOR JUDICIAL NOTICE
SALVATORE MINEO INDIVIDUALLY, AND ON BEHALF OF ALL et al VS. CITY
SIGHTSEEING CORPORATION, A DELAWARE et al
001003801121
Instructions:
Please place this sheet on top of the document to be scanned.ORIGINAL
JONES BOTHWELL DION & THOMPSON LLP
ELIZABETH THOMPSON (SBN 112888)
PAUL J. DION (SBN 088231)
44 Montgomery Street, Suite 610
San Francisco, CA 94104-4608
Telephone: (415) 951-8900
Facsimile: (415) 951-8901
Attorneys for Defendant and Cross-Complainant
CitySightseeing Corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
SALVATORE MINEO, GINA SCHEMBARI,
PHILLIP THOMAS NAILS, BENJAMIN DUAX
and DAVID HAYWARD, individually and on
behalf of all others similarly situated,
Plaintiffs,
CITY SIGHTSEEING CORPORATION, a
Delaware corporation, and DOES 1 through 500,
inclusive,
Defendants.
AND RELATED CROSS-COMPLAINT.
No. CGC-10-504804
DEFENDANT CITYSIGHTSEEING’S
REQUEST FOR JUDICIAL NOTICE
IN OPPOSITION TO PLAINTIFFS’
AMENDED MOTION FOR CLASS
CERTIFICATION
Date: October 26, 2012
Time: 9:30 a.m.
Department: 302
Trial Date: November 13, 2012
DEFENDANT’S REQUEST FOR JUDICIAL NOTICE IN OPPOSITION No. CGC-10-504804
TO PLAINTIFFS’ AMENDED MOTION FOR CLASS CERTIFICATION27
28
Defendant requests pursuant to Evidence Code §§ 452 and 453 that the Court take
judicial notice of the following information:
1, The Golden Gate Bridge Overlook is located in the Presidio of San Francisco, which is
anational park. See Exhibit 5, National Park Service Map.
2. Alcatraz Island is part of a national park. See Exhibit 6, National Park Service internet
page.
Dated: October 12, 2012 JONES BO «Po DION & THOMPSON -
Elizabeth Thompson 7
U/ sete for Defendant
CitySightseeing Corporation
1
DEFENDANT’S SURREPLY IN OPPOSITION No. CGC-10-504804
TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATIONExsHawk
goad Hill
Sa
"Begin one-way
traffic
Kirhy Cove Gatiery ~
Spencer
> point Diatlo
MARIN HEADLANDS
* Point Bonita
4 1 Fort Point
tery Eas
f &
LO,
wetkoak 2p;
Battery Chamber!
BAKER
BEACH
PRESI
A
© Mite Rock
CHINA -~
LANDS END B
Lands Endy oe Eagles Point cmd “Mou
uss sangiandieg OE fete
=\ LINCOLN, Ny do
Merrie Way flv Palage\. PARK 2 a
—S HW
co
National Historic Site
tas
/ SAN FRANCISCO
G) _ Presioio
GOLF COURSE
SAN FRANCIS
BAY
st
~- Warming Hut fei aac
berg
CRISSY FIELD
NATIONAL
MILITARY
CEMETERY
DIO
) BAe
tain Lakeex.. Alcatraz Island - Alcatng Island a Page 1 of 2
National Park Service U.S. Department of the Interior
Find a Park Discover History Explore Nature Get Involved Working with Communities Teachers Kids About Us
|
i
Te
Explore This Park
Park Home Explore the Mysteries of Alcatraz Birectlons »
Plan Your Visit Island for Yourself Operating Hours & Seasons »
Photos & Multimedia Alcatraz Island offers a close-up look at the site of the first Fees and Reservations »
History & Culture lighthouse and US built fort on the West Coast, the infamous Plan ¥ »
Nature & Science federal penitentiary long off-limits to the public, and the 18 Alcatraz Accessibility »
month occupation by Indians of All Tribes which saved the ‘Alcatraz on the »
For Teachers tribes. Rich in history, there is also a natural side to the
For Kids Rock—gardens, tide pools, bird colonies, and bay views Alcate
beyond compare
Management
Support Your Park
Features
Park Tools
View Park Map
FAQs
Contact Us
Site Index
Espafol
Breaking the Life After Murder The American Indian
Boundaries Life Afler Murder, a special exhibit and Occupation of Alcatraz
‘Special Exhibit - “Breaking the speakers series On Alcatraz starting On November 20, 1969 Indians of All
Boundaries: San Quentin's Prison Arts August 25. Tribes began their historic 19 month
Project" in the Alcatraz Cellhouse Read More ‘occupation of Alcatraz Island,
Gallery, September 18,-January 18 a Read More
Read More
Did You Know?
Some birds such as gulls, cormorants, and other seabirds can drink sait water.
Excess salt is then excreted through a “salt gland" located near their eyes.
http://www.nps.vov/alea/index.htm 10/11/2012
Document Filed Date
October 12, 2012
Case Filing Date
October 22, 2010
For full print and download access, please subscribe at https://www.trellis.law/.
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-12-2012 3:40 pm Case Number: CGC-10-504804 Filing Date: Oct-12-2012 3:39 Filed by: WESLEY G. RAMIREZ Juke Box: 001 Image: 03801121 REQUEST FOR JUDICIAL NOTICE SALVATORE MINEO INDIVIDUALLY, AND ON BEHALF OF ALL et al VS. CITY SIGHTSEEING CORPORATION, A DELAWARE et al 001003801121 Instructions: Please place this sheet on top of the document to be scanned.ORIGINAL JONES BOTHWELL DION & THOMPSON LLP ELIZABETH THOMPSON (SBN 112888) PAUL J. DION (SBN 088231) 44 Montgomery Street, Suite 610 San Francisco, CA 94104-4608 Telephone: (415) 951-8900 Facsimile: (415) 951-8901 Attorneys for Defendant and Cross-Complainant CitySightseeing Corporation SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION SALVATORE MINEO, GINA SCHEMBARI, PHILLIP THOMAS NAILS, BENJAMIN DUAX and DAVID HAYWARD, individually and on behalf of all others similarly situated, Plaintiffs, CITY SIGHTSEEING CORPORATION, a Delaware corporation, and DOES 1 through 500, inclusive, Defendants. AND RELATED CROSS-COMPLAINT. No. CGC-10-504804 DEFENDANT CITYSIGHTSEEING’S REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO PLAINTIFFS’ AMENDED MOTION FOR CLASS CERTIFICATION Date: October 26, 2012 Time: 9:30 a.m. Department: 302 Trial Date: November 13, 2012 DEFENDANT’S REQUEST FOR JUDICIAL NOTICE IN OPPOSITION No. CGC-10-504804 TO PLAINTIFFS’ AMENDED MOTION FOR CLASS CERTIFICATION27 28 Defendant requests pursuant to Evidence Code §§ 452 and 453 that the Court take judicial notice of the following information: 1, The Golden Gate Bridge Overlook is located in the Presidio of San Francisco, which is anational park. See Exhibit 5, National Park Service Map. 2. Alcatraz Island is part of a national park. See Exhibit 6, National Park Service internet page. Dated: October 12, 2012 JONES BO «Po DION & THOMPSON - Elizabeth Thompson 7 U/ sete for Defendant CitySightseeing Corporation 1 DEFENDANT’S SURREPLY IN OPPOSITION No. CGC-10-504804 TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATIONExsHawk goad Hill Sa "Begin one-way traffic Kirhy Cove Gatiery ~ Spencer > point Diatlo MARIN HEADLANDS * Point Bonita 4 1 Fort Point tery Eas f & LO, wetkoak 2p; Battery Chamber! BAKER BEACH PRESI A © Mite Rock CHINA -~ LANDS END B Lands Endy oe Eagles Point cmd “Mou uss sangiandieg OE fete =\ LINCOLN, Ny do Merrie Way flv Palage\. PARK 2 a —S HW co National Historic Site tas / SAN FRANCISCO G) _ Presioio GOLF COURSE SAN FRANCIS BAY st ~- Warming Hut fei aac berg CRISSY FIELD NATIONAL MILITARY CEMETERY DIO ) BAe tain Lakeex.. Alcatraz Island - Alcatng Island a Page 1 of 2 National Park Service U.S. Department of the Interior Find a Park Discover History Explore Nature Get Involved Working with Communities Teachers Kids About Us | i Te Explore This Park Park Home Explore the Mysteries of Alcatraz Birectlons » Plan Your Visit Island for Yourself Operating Hours & Seasons » Photos & Multimedia Alcatraz Island offers a close-up look at the site of the first Fees and Reservations » History & Culture lighthouse and US built fort on the West Coast, the infamous Plan ¥ » Nature & Science federal penitentiary long off-limits to the public, and the 18 Alcatraz Accessibility » month occupation by Indians of All Tribes which saved the ‘Alcatraz on the » For Teachers tribes. Rich in history, there is also a natural side to the For Kids Rock—gardens, tide pools, bird colonies, and bay views Alcate beyond compare Management Support Your Park Features Park Tools View Park Map FAQs Contact Us Site Index Espafol Breaking the Life After Murder The American Indian Boundaries Life Afler Murder, a special exhibit and Occupation of Alcatraz ‘Special Exhibit - “Breaking the speakers series On Alcatraz starting On November 20, 1969 Indians of All Boundaries: San Quentin's Prison Arts August 25. Tribes began their historic 19 month Project" in the Alcatraz Cellhouse Read More ‘occupation of Alcatraz Island, Gallery, September 18,-January 18 a Read More Read More Did You Know? Some birds such as gulls, cormorants, and other seabirds can drink sait water. Excess salt is then excreted through a “salt gland" located near their eyes. http://www.nps.vov/alea/index.htm 10/11/2012