On February 20, 2018 a
Request,Application
was filed
involving a dispute between
Bordin, Jeffrey,
Martinez, Gregorio,
R.C. Wehmeyer Construction, Inc.,
Wehmeyer, Robert C.,
Squires, Matthew,
Squires, Nicole,
and
Amercian Contractors Indemnity Company,
Does 1 Through 20, Inclusive,
R.C. Wehmeyer Construction, Inc.,
Robert C. Wehmeyer Design, Inc.,
Wehmeyer, Robert C.,
for (06) Unlimited Breach of Contract/Warranty
in the District Court of San Mateo County.
Preview
RICHARD M. KELLY, ESQ. (SBN: 154504)
MICHAEL MENGARELLI, ESQ. (SBN: 215000)
FIL
KELLY LITIGATION GROUP, INC.
3 Lagoon Drive, Suite 225
Redwood City, CA 94065
Telephone: (650) 591-2282
Facsimile: (650) 591—2292
APRIL S. GLATT, ESQ. (SBN: 185708)
CHAUVEL & GLATT, LLP
66 Bovet Road, Suite 280
San Mateo, CA 94402
Telephone: (650) 573-9500 - ——-
fgfigmv'm‘“
Facsimile: (650) 573-9689 z
{
Request for Judicial Notice
1974613
Attorneys for Plaintiffs and Cross—Defendants, j
MATTHEW SQUIRES and NICOLE SQUIRES l
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
(UNLIMITED CIVIL JURISDICTION)
MATTHEW SQUIRES, et al., Case No.2 18—CIV—00846
Plaintiffs, AND CROSS-DEFENDANTS’
PLAINTIFFS’
REQUEST FOR JUDICIAL NOTICE
vs.
WEHMEYER CONSTRUCTION, INC, dba
R.C. Action Filed: February 20, 2018
Tnal Date: November 12, 2019
WEHMEYER CUSTOM HOMES; ct a1.)
Defendants, Date: Septemberfl, 2019
Time: 9:00 a.m.
Dept: Law and Motion
and RELATED CROSS-ACTIONS.
Pursuant to §452 of the California Evidence Code, Plaintiffs and Cross-Defendants Matthew
Squires and Nicole Squirés (“Plaintiffs/Cross-Defendants”) request that this honorable Court take
judicial notice of the Pleadings, Motions and Orders (“Documents”) filed in this matter in connection
With Plaintiffs/Cross—Defendants Motion for Terminating Sanctions Against Defendants and Cross-
I
Complainants.
Law and motion pleadings may rely in whole or in part upon matters judicially noticed by the
trial court. Bistawros v. Greenberg (1987) 189 Ca1.App.3d 189, 192 (e.g., judicial notice of court files'
1
PLAINTIFFS’ AND CROSS-DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE
in sustaining demurrer). This Court may take judicial notice of “[r]ecords of (1) any court of this state”
and “facts and propositions that are not reasonably subject to dispute and are capable of immediate and
accurate determination by resort to sources of reasonably indisputable accuracy.” Cal. Evid. Code
§452(d) and (h).
©WQGW£MNH Rather than deluging the court With re—filing all previously filed discovery and related motions,
P1aintiffs/Cross-Defendants refer the Court to the case docket to View the prior pleadings, motions and
supporting documents including declarations, exhibits, separate statements and the accompanying
Ordersl by this Court including:
Complaint and Cross Complaint;
June 15, 2018 Separate Statement In Support of Plaintiff Matthew Squires and Nicole
Squires’ Second Motion to Compel;
June 15, 2018 Separate Statement In Support of Plaintiff Matthew Squires and Nicole
Squires’ Third Motion to Compel;
First, Second & Third Motions To Compel; Joint Stipulation dated July 25, 201 8;
September 27, 201 8 Sanctions Order;
October 9, 2018 filing, Motion for Terminating Sanctions Against Cross-Complainant
Gregorio Martinez;
Oct. 30, 2018 Request for Dismissal of Cross—Complaint by Gregorio Martinez;
chwquIAMNchooanm-thr—tc
Nov. 28, 2018 Request for Dismissal of Cross-Complainant by Jeffrey Bordin;
MWNNNNNNNNNNHHHHHHHHHH
Jan 24, 2019 Terminating Sanctions Motion against Cross-Complainant;
January 24, 2019 Separate Statement In Support of Cross-Defendants’ Motion for
Terminating Sanctions Against Cross—Complainant Robert C. Wehmeyer (Or Issue
Sanctions In The Alternative) and Monetary Sanctions;
May 7, 2019 Memorandum of Points and Authorities In Support of Plaintiffs Ex Parte
Application to Compel Further Testimony 0f Jeffrey Bordin;
May 7, 2019 Exhibit D to Declaration of April S. Glatt ISO Plaintiff’s Ex Parte
Application to Compel Further Testimony of Jeffrey Bordin (Vol. II Transcript of
Deposition of Jeffrey Bordin);
1
Some Orders are included as exhibits to the Declaration of April S. Glatt due to the frequent reference of such Orders.
Otherwise the documents cite to previously filed documents as ”See Docket”.
2
PLAINTIFFS’ AND CROSS-DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE
o May 7, 2019 Ex Parte Order Compelling Further Testimony of Jeffrey Bordin
Under Cal. Evid. Code §452(d) and (h), the Court should judicially notice the Documents filed
in the instant matter because they are records of the court of this state, specifically this court’s records
here in San Mateo County Superior Court, as well as publicly recorded documents, and therefore there
\D”\l®UIAOJNH
can be no dispute regarding the existence or authenticity of the documents. Evans V. California Trailer
Court, Inc. (1994) 28 Ca1.App.4th 540, 549 (judicial notice of public records is appropriate because
the contents and authenticity “cannot be reasonably controverted”). For these reasons, judicial notice
is proper.
Under §453 of the Cal. Evid. Code, judicial notice is mandatory “of any matter specified in
§452 if a party requests it and: (a) Gives each adverse party sufficient notice of the request . . . and (b)
Furnishes the court With sufficient information to enable it to take judicial notice of the matter.” The
parties and this Court have been given sufficient notice and information concerning the Documents
identified above and the Docket in this matter, and this Court therefore shall take judicial notice of the
pleadings and prior motions filed in the instant matter. Cal. Evid. Code §453.
Dated: August 2, 2019 CHAUVEL & G ATT, LLP
By:
April‘g.
Gimqq and Cross-Defendants,
wMNNNNNNNNNNHHr—IHHHHHflr—I
Attorneys f aintiffs
HawooqaxUI-hWNh—tewooqchIhm.Nr—to
MATTHEW SQUIRES and NICOLE SQUIRES
3
PLAINTIFFS’ AND CROSS-DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE
Preview
RICHARD M. KELLY, ESQ. (SBN: 154504) MICHAEL MENGARELLI, ESQ. (SBN: 215000) FIL KELLY LITIGATION GROUP, INC. 3 Lagoon Drive, Suite 225 Redwood City, CA 94065 Telephone: (650) 591-2282 Facsimile: (650) 591—2292 APRIL S. GLATT, ESQ. (SBN: 185708) CHAUVEL & GLATT, LLP 66 Bovet Road, Suite 280 San Mateo, CA 94402 Telephone: (650) 573-9500 - ——- fgfigmv'm‘“ Facsimile: (650) 573-9689 z { Request for Judicial Notice 1974613 Attorneys for Plaintiffs and Cross—Defendants, j MATTHEW SQUIRES and NICOLE SQUIRES l IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO (UNLIMITED CIVIL JURISDICTION) MATTHEW SQUIRES, et al., Case No.2 18—CIV—00846 Plaintiffs, AND CROSS-DEFENDANTS’ PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE vs. WEHMEYER CONSTRUCTION, INC, dba R.C. Action Filed: February 20, 2018 Tnal Date: November 12, 2019 WEHMEYER CUSTOM HOMES; ct a1.) Defendants, Date: Septemberfl, 2019 Time: 9:00 a.m. Dept: Law and Motion and RELATED CROSS-ACTIONS. Pursuant to §452 of the California Evidence Code, Plaintiffs and Cross-Defendants Matthew Squires and Nicole Squirés (“Plaintiffs/Cross-Defendants”) request that this honorable Court take judicial notice of the Pleadings, Motions and Orders (“Documents”) filed in this matter in connection With Plaintiffs/Cross—Defendants Motion for Terminating Sanctions Against Defendants and Cross- I Complainants. Law and motion pleadings may rely in whole or in part upon matters judicially noticed by the trial court. Bistawros v. Greenberg (1987) 189 Ca1.App.3d 189, 192 (e.g., judicial notice of court files' 1 PLAINTIFFS’ AND CROSS-DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE in sustaining demurrer). This Court may take judicial notice of “[r]ecords of (1) any court of this state” and “facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” Cal. Evid. Code §452(d) and (h). ©WQGW£MNH Rather than deluging the court With re—filing all previously filed discovery and related motions, P1aintiffs/Cross-Defendants refer the Court to the case docket to View the prior pleadings, motions and supporting documents including declarations, exhibits, separate statements and the accompanying Ordersl by this Court including: Complaint and Cross Complaint; June 15, 2018 Separate Statement In Support of Plaintiff Matthew Squires and Nicole Squires’ Second Motion to Compel; June 15, 2018 Separate Statement In Support of Plaintiff Matthew Squires and Nicole Squires’ Third Motion to Compel; First, Second & Third Motions To Compel; Joint Stipulation dated July 25, 201 8; September 27, 201 8 Sanctions Order; October 9, 2018 filing, Motion for Terminating Sanctions Against Cross-Complainant Gregorio Martinez; Oct. 30, 2018 Request for Dismissal of Cross—Complaint by Gregorio Martinez; chwquIAMNchooanm-thr—tc Nov. 28, 2018 Request for Dismissal of Cross-Complainant by Jeffrey Bordin; MWNNNNNNNNNNHHHHHHHHHH Jan 24, 2019 Terminating Sanctions Motion against Cross-Complainant; January 24, 2019 Separate Statement In Support of Cross-Defendants’ Motion for Terminating Sanctions Against Cross—Complainant Robert C. Wehmeyer (Or Issue Sanctions In The Alternative) and Monetary Sanctions; May 7, 2019 Memorandum of Points and Authorities In Support of Plaintiffs Ex Parte Application to Compel Further Testimony 0f Jeffrey Bordin; May 7, 2019 Exhibit D to Declaration of April S. Glatt ISO Plaintiff’s Ex Parte Application to Compel Further Testimony of Jeffrey Bordin (Vol. II Transcript of Deposition of Jeffrey Bordin); 1 Some Orders are included as exhibits to the Declaration of April S. Glatt due to the frequent reference of such Orders. Otherwise the documents cite to previously filed documents as ”See Docket”. 2 PLAINTIFFS’ AND CROSS-DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE o May 7, 2019 Ex Parte Order Compelling Further Testimony of Jeffrey Bordin Under Cal. Evid. Code §452(d) and (h), the Court should judicially notice the Documents filed in the instant matter because they are records of the court of this state, specifically this court’s records here in San Mateo County Superior Court, as well as publicly recorded documents, and therefore there \D”\l®UIAOJNH can be no dispute regarding the existence or authenticity of the documents. Evans V. California Trailer Court, Inc. (1994) 28 Ca1.App.4th 540, 549 (judicial notice of public records is appropriate because the contents and authenticity “cannot be reasonably controverted”). For these reasons, judicial notice is proper. Under §453 of the Cal. Evid. Code, judicial notice is mandatory “of any matter specified in §452 if a party requests it and: (a) Gives each adverse party sufficient notice of the request . . . and (b) Furnishes the court With sufficient information to enable it to take judicial notice of the matter.” The parties and this Court have been given sufficient notice and information concerning the Documents identified above and the Docket in this matter, and this Court therefore shall take judicial notice of the pleadings and prior motions filed in the instant matter. Cal. Evid. Code §453. Dated: August 2, 2019 CHAUVEL & G ATT, LLP By: April‘g. Gimqq and Cross-Defendants, wMNNNNNNNNNNHHr—IHHHHHflr—I Attorneys f aintiffs HawooqaxUI-hWNh—tewooqchIhm.Nr—to MATTHEW SQUIRES and NICOLE SQUIRES 3 PLAINTIFFS’ AND CROSS-DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE