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1 || OFFICE OF THE PLACER COUNTY COUNSEL
Eric C. Brumfield (SBN 306642)
2 || 175 Fulweiler Avenue Fr i
Auburn, California 95603 curenien
iOR Oo LED
COURT OF CALIFORNIA
3 || Telephone: (530) 889-4044 - COUNTY OF PLACER
Facsimile: (530) 889-4069
4 || Email: ebrumfield@placer.ca.gov YY EP 18 20}
“JAKE CHATTERS
5 || Attorney for Defendant COUNTY OF PLACER EXECUTIVEOFFICER & CLERK
P By: C. Waggoner, Deputy
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF PLACER
10
11 KATHLEEN SADAO and LOTHAIN Case No. SCV0042370
SADAO,
12 REQUEST FOR JUDICIAL NOTICE IN
Plaintiffs, SUPPORT OF DEFENDANT COUNTY
13 OF PLACER’S MOTION FOR
a V. JUDGMENT ON THE PLEADINGS
CITY OF ROCKLIN, CITY OF LINCOLN,
15 |} CITY OF ROSEVILLE, COUNTY OF Date: October 24, 2019
PLACER, and DOES 1 through 50, inclusive, Time: 8:30 a.m.
16 Dept: 42
Defendants.
17 Complaint Filed: January 10, 2019
First Amended Complaint Filed: August 29, 2019
18
19 Pursuant to California Rule of Court 3.1113(1), this request for judicial notice is made in a
20 || separate document listing the specific items for which notice isrequested. Copies of the material to be
21 ||judicially noticed have been provided to the court and each party as Exhibits A - C to the Declaration of
22 ||EricC. Brumfield filed concurrently herewith.
23 Here, the motion forjudgment on the pleadings filed by the County is based, in part, on the fact
24 ||that the SPRTA is“a public entity separate from each of the Members,” of which the County is one, and
the debts, liabilities,and obligations of the SPRTA “shall not constitute the debts, liabilities, or
25 ||that
26 ||obligations of the Members, either jointly or severally.” (SPRTA JPA, Sections 3, 12.)
A court may take judicial notice of a joint powers agreement and itsprovisions. (See, e.g.,People
27
(1977) 74 Cal.App.3d 334, 337 & fn. 1.) In addition, the court may take judicial notice of
28 || v.Shepherd
1
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT’S
MOTION FOR JUDGMENT ON THE PLEADINGS
the agreement and itsprovisions because they “are not reasonably subject to dispute and are capable of
immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (See
Evid. Code, § 452, subd. (h).) The court may also take judicial notice of a joint powers agreement
because it is a legislative enactment of its public-entity members. (See Evid. Code, § 452, subd. (b);
Gov. Code, § 6502 (“If authorized by their legislative or other governing bodies, two or more public
agencies by agreement may jointly exercise any power common to the contracting parties...”).)
Therefore, the County respectfully requests the court take judicial notice of the SPRTA Joint
Powers Agreement and its provisions, specifically sections 3 and 12.
Additionally, the motion for judgment on the pleadings filed by the County isbased, in part, on
10 the fact that the City of Rocklin annexed the portion of Sierra College Parkway at issue inthis case prior
11 to the accident, as reflected in City of Rocklin Resolutions 79-103 and 82-46. The Court may take
12 judicial notice of these resolutions as legislative enactments of a public entity. (See Evid. Code, § 452,
13 subd. (b).)
14 Therefore, the County respectfully requests the court take judicial notice of City of Rocklin
15 Resolutions 79-103 and 82-46.
16
17 Dated: September 18, 2019 Respectfully submitted,
18 OFFICE OF THE PLACER COUNTY COUNSEL
19
20
21
wo Eric
EC
C. Brumfield
Lilli
Attorney for Defendant county OF PLACER
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25
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Z
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT’S
MOTION FOR JUDGMENT ON THE PLEADINGS
DECLARATION OF PROOF OF SERVICE
Sadao v.City of Rocklin, et al.
Placer County Superior Court Case No. SCV0042370
I,JENNA PORTER, declare:
_ Tam acitizen of the United States and am employed in the County of Placer. I am over the age
of eighteen (18) years and not aparty to the within-entitled action. My business address is 175
Fulweiler Avenue, Auburn, California. On September 18, 2019, I served the within document(s):
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT
COUNTY OF PLACER’S MOTION FOR JUDGMENT ON THE PLEADINGS
L] BY U.S. MAIL: By placing a true copy thereof enclosed in a sealed envelope with the postage
fully prepaid and depositing said envelope(s) with the United States Postal Service at Auburn,
California, addressed as set forth below.
Xx BY U.S. MAIL: By placing a true copy thereof enclosed in a sealed envelope and placing it in
10 a designated area for outgoing mail, addressed as set forth below. Iam readily familiar with the
practice of this office with respect to collection and processing of documents for mailing. On
11 the same day that correspondence is placed for collection and mailing at Auburn, California, it
is deposited inthe ordinary course of business with the United States Postal Service in a sealed
12 envelope with postage fully prepaid.
13 ] BY OVERNIGHT MAIL: By placing the document(s) listed above in a sealed envelope and
depositing said envelope(s) with delivery fees paid or provided for, in a box or other facility
14 maintained by Federal Express, addressed as set forth below.
15 William C. Callaham, Esq. Carl L. Fessenden, Esq.
Christopher G. Romero, Esq. Sarah Y. Oh, Esq.
16
WILCOXEN CALLAHAM, LLP PORTER SCOTT
17 2114 K Street 350 University Ave., Suite 200
Sacramento, CA 95816 Sacramento, CA 95825
18 Tel: (916) 442-2777 / Fax: (916) 442-4118 Tel: (916) 929-1481 /Fax: (916) 927-3706
Email: weallaham@wilcoxenlaw.com Email: cfessenden@po rterscott.com
19 cromero@wilcoxenlaw.com Attorneys for Defendant City of
Attorneys for Plaintiffs Kathleen Sadao and Rocklin
20
Lothain Sadao
21
I declare under penalty of perjury under the laws of the State of California that the foregoing is
22 true and correct. Executed on September 18, 2019, atAuburn, California
23
24 ‘ he bee METI
JENNA PORTER
25
26
27
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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT’S
_
MOTION FOR JUDGMENT ON THE PLEADINGS
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1 || OFFICE OF THE PLACER COUNTY COUNSEL Eric C. Brumfield (SBN 306642) 2 || 175 Fulweiler Avenue Fr i Auburn, California 95603 curenien iOR Oo LED COURT OF CALIFORNIA 3 || Telephone: (530) 889-4044 - COUNTY OF PLACER Facsimile: (530) 889-4069 4 || Email: ebrumfield@placer.ca.gov YY EP 18 20} “JAKE CHATTERS 5 || Attorney for Defendant COUNTY OF PLACER EXECUTIVEOFFICER & CLERK P By: C. Waggoner, Deputy 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF PLACER 10 11 KATHLEEN SADAO and LOTHAIN Case No. SCV0042370 SADAO, 12 REQUEST FOR JUDICIAL NOTICE IN Plaintiffs, SUPPORT OF DEFENDANT COUNTY 13 OF PLACER’S MOTION FOR a V. JUDGMENT ON THE PLEADINGS CITY OF ROCKLIN, CITY OF LINCOLN, 15 |} CITY OF ROSEVILLE, COUNTY OF Date: October 24, 2019 PLACER, and DOES 1 through 50, inclusive, Time: 8:30 a.m. 16 Dept: 42 Defendants. 17 Complaint Filed: January 10, 2019 First Amended Complaint Filed: August 29, 2019 18 19 Pursuant to California Rule of Court 3.1113(1), this request for judicial notice is made in a 20 || separate document listing the specific items for which notice isrequested. Copies of the material to be 21 ||judicially noticed have been provided to the court and each party as Exhibits A - C to the Declaration of 22 ||EricC. Brumfield filed concurrently herewith. 23 Here, the motion forjudgment on the pleadings filed by the County is based, in part, on the fact 24 ||that the SPRTA is“a public entity separate from each of the Members,” of which the County is one, and the debts, liabilities,and obligations of the SPRTA “shall not constitute the debts, liabilities, or 25 ||that 26 ||obligations of the Members, either jointly or severally.” (SPRTA JPA, Sections 3, 12.) A court may take judicial notice of a joint powers agreement and itsprovisions. (See, e.g.,People 27 (1977) 74 Cal.App.3d 334, 337 & fn. 1.) In addition, the court may take judicial notice of 28 || v.Shepherd 1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS the agreement and itsprovisions because they “are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (See Evid. Code, § 452, subd. (h).) The court may also take judicial notice of a joint powers agreement because it is a legislative enactment of its public-entity members. (See Evid. Code, § 452, subd. (b); Gov. Code, § 6502 (“If authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties...”).) Therefore, the County respectfully requests the court take judicial notice of the SPRTA Joint Powers Agreement and its provisions, specifically sections 3 and 12. Additionally, the motion for judgment on the pleadings filed by the County isbased, in part, on 10 the fact that the City of Rocklin annexed the portion of Sierra College Parkway at issue inthis case prior 11 to the accident, as reflected in City of Rocklin Resolutions 79-103 and 82-46. The Court may take 12 judicial notice of these resolutions as legislative enactments of a public entity. (See Evid. Code, § 452, 13 subd. (b).) 14 Therefore, the County respectfully requests the court take judicial notice of City of Rocklin 15 Resolutions 79-103 and 82-46. 16 17 Dated: September 18, 2019 Respectfully submitted, 18 OFFICE OF THE PLACER COUNTY COUNSEL 19 20 21 wo Eric EC C. Brumfield Lilli Attorney for Defendant county OF PLACER 22 23 24 25 26 27 28 Z REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS DECLARATION OF PROOF OF SERVICE Sadao v.City of Rocklin, et al. Placer County Superior Court Case No. SCV0042370 I,JENNA PORTER, declare: _ Tam acitizen of the United States and am employed in the County of Placer. I am over the age of eighteen (18) years and not aparty to the within-entitled action. My business address is 175 Fulweiler Avenue, Auburn, California. On September 18, 2019, I served the within document(s): REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT COUNTY OF PLACER’S MOTION FOR JUDGMENT ON THE PLEADINGS L] BY U.S. MAIL: By placing a true copy thereof enclosed in a sealed envelope with the postage fully prepaid and depositing said envelope(s) with the United States Postal Service at Auburn, California, addressed as set forth below. Xx BY U.S. MAIL: By placing a true copy thereof enclosed in a sealed envelope and placing it in 10 a designated area for outgoing mail, addressed as set forth below. Iam readily familiar with the practice of this office with respect to collection and processing of documents for mailing. On 11 the same day that correspondence is placed for collection and mailing at Auburn, California, it is deposited inthe ordinary course of business with the United States Postal Service in a sealed 12 envelope with postage fully prepaid. 13 ] BY OVERNIGHT MAIL: By placing the document(s) listed above in a sealed envelope and depositing said envelope(s) with delivery fees paid or provided for, in a box or other facility 14 maintained by Federal Express, addressed as set forth below. 15 William C. Callaham, Esq. Carl L. Fessenden, Esq. Christopher G. Romero, Esq. Sarah Y. Oh, Esq. 16 WILCOXEN CALLAHAM, LLP PORTER SCOTT 17 2114 K Street 350 University Ave., Suite 200 Sacramento, CA 95816 Sacramento, CA 95825 18 Tel: (916) 442-2777 / Fax: (916) 442-4118 Tel: (916) 929-1481 /Fax: (916) 927-3706 Email: weallaham@wilcoxenlaw.com Email: cfessenden@po rterscott.com 19 cromero@wilcoxenlaw.com Attorneys for Defendant City of Attorneys for Plaintiffs Kathleen Sadao and Rocklin 20 Lothain Sadao 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is 22 true and correct. Executed on September 18, 2019, atAuburn, California 23 24 ‘ he bee METI JENNA PORTER 25 26 27 28 3 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT’S _ MOTION FOR JUDGMENT ON THE PLEADINGS