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James D. Weakley, Esq. Bar No. 82853
Matthew P. Bunting, Esq. Bar No. 306034
Weakley & Arendt E-FILED
A Professional Corporation 8/14/2020 1:48 PM
5200 N. Palm Avenue, Suite 211 Superior Court of California
Fresno, California 93704 County of Fresno
Telephone: (559) 221-5256 By: K. Daves, Deputy
Facsimile: (559) 221-5262
Jim@walaw-fresno.com
Matthew@walaw-fresno.com
Attorneys for Defendant MONSON-SULTANA JOINT
UNION ELEMENTARY SCHOOL DISTRICT
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF FRESNO, UNLIMITED JURISDICTION
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12 J.L., an individual, ) CASE NO. 14CECG00396
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) DEFENDANT’S REQUEST FOR
Plaintiff, ) JUDICIAL NOTICE IN SUPPORT OF
14 vs. ) OPPOSITION TO PLAINTIFF’S MOTION
TO SET ASIDE DISMISSAL WITH
15 DAVID BLANCAS, an individual; MONSON- ) PREJUDICE
SULTANA JOINT UNION ELEMENTARY )
16 SCHOOL DISTRICT, a California Date: August 27, 2020
governmental entity; TULARE COUNTY Time: 3:27 p.m.
17 BOARD OF EDUCATION, a California Dept: 403
governmental entity; and DOES 1 through 50, Judge: Hon. Kristi Culver Kapetan
18 inclusive, )
)
19 Defendants. ) Complaint Filed: February 11, 2014
) Trial Date: TBD
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Public Entity Exempt from Filing Fees
21 ) Pursuant to Government Code section 6103
)
22 )
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24 Defendant Monson-Sultana Joint Union Elementary School District (hereafter
25 “Defendant” or “Monson-Sultana”) hereby submits this request for judicial notice in support of
26 its opposition to Plaintiff J.L.’s (hereafter “Plaintiff’) Motion to Set Aside Dismissal with
27 Prejudice.
28 ///
Defendant’s Request for Judicial Notice
Defendant Monson-Sultana respectfully requests that, pursuant to California Evidence
Code Sections 452(c) and 453, the Court take judicial notice of the following documents.
1 Government Claim for Damages Filed by J.L. dated December 11, 2013
attached hereto as Exhibit “C”.
2. The previous pleadings filed in this action.
I. LEGAL ANALYSIS
The Court may take judicial notice of official acts of legislative, executive, and judicial
departments of the United States. Evidence Code § 452(b). Further, the Court may also take
judicial notice of facts and propositions which are not reasonably subject to dispute and are
10 capable of immediate and accurate determination. Evidence Code § 452(h).
11 Monson-Sultana requests that the Court take judicial notice of the Government Claim
12 Form filed with Mon-Sultana School District. The documents contain a file stamp from the date
13 received. It is a public record, which is not reasonably subject to dispute and is capable of
14 immediate and accurate determination. Therefore, the Court should take judicial of the
15 government claim form.
16 Monson-Sultana further requests that the Court take judicial notice of the previously
17 filed pleadings in this case. The documents contain file stamps from the date filed. They are
18 public records, which are not reasonably subject to dispute, and are capable of immediate and
19 accurate determination. Therefore, the Court should take judicial notice of the previously filed
20 pleadings in this case.
21 II. CONCLUSION
22 The Court has authority to take judicial notice of the public record filed with Monson-
23 Sultana Joint Union Elementary School District, a public entity and of the pleadings that were
24 previously filed in this case.
25 //1
26 M11
27 Hf]
28 Mf
Defendant’s Request for Judicial Notice
Therefore, it respectfully requests that judicial notice be taken as to the claim form
attached hereto as Exhibit “C” and all previously filed pleadings in this case.
DATED: August 14, 2020 WEAKLEY & ARENDT
A Professional Corporation
By
es D. Weal
atthew P. Bunting
Attorneys for Defendant Monson-Sultana
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Request for Judicial Notice
EXHIBIT “C”
Kabateck Brown Kellner we
CLAIM FOR DAMAGES
(Government Code Section 910)
To VIA CERTIFIED MAIL,
Monson-Sultana Joint Union Elementary School District 7012-3460-0000-2910-9626
10643 Avenue 416
Sultana, CA 93666
Telephone: (559) 591-1634
Jim Vidak 7012-3460-0000-2910-9633
Tulare County Superintendent of Schools
2637 West Burrel Avenue
Visalia, California 93291
Telephone: (559) 733-6301
Tulare County Board of Education 7012-3460-0000-2910-9640
2637 West Burrel Avenue
Visalia, California 93291
Telephone: (559) 733-6300
Name and Address of Claimant: Address to Which Notices Should be Sent:
JL. Douglas A. Rochen
c/o Kabateck Brown Kellner Kabateck Brown Kellner LLP
644 S. Figueroa Street 644 S. Figueroa Street
Los Angeles, California 90017 Los Angeles, California 90017
Telephone: (213) 217-5000
Facsimile: (213) 217-5010
dar@kbklawyers.com
How Loss Occurred:
This claim arises out of David Blancas’ frequent, sustained sexual abuse of J.L., starting
when he was approximately 10 years old until he was approximately 13 years old. Such sexual
abuse took place from approximately 1999 to 2003 and resulted in physical, mental, and
emotional injury to J.L. that continues to this day. In addition, approximately 10 years after
these tragic events, Mr. Blancas also victimized another young boy at the school where he
taught, the Monson-Sultana School in Dinuba, California. Mr. Blancas is currently being
detained in Centinela State Prision in Imperial, California.
During the time that Mr. Blancas preyed on both young boys, employees of Monson-Sultana
Joint Union Elementary School District (“School District”) and Tulare County Board of
Education (“Board”) failed to exercise reasonable care in hiring and supervising Mr. Blancas.
Employees of the School District and the Board also failed to exercise reasonable care in training
its employees to report suspected or actual occurrences of child abuse. As a result of their
employees’ negligence, the School District and the Board are vicariously liable pursuant to
Government Code section 815.2, subdivision (a).
Historic Fire Engine Co. No. 28 Building
644 South Figueroa Streat | Los Angeles.CA S0017 | www.kbklawyers.com | T: 2132175000 F.213.2175010
Page 2 of 2
Claim for Damages
The School District’s and Board’s’ breach of its common law and statutory duties
resulted in
the continuing injuries to J.L.
When Loss Occurred:
The sexual misconduct complained of began in approximately 1999 and continued
until
approximately 2003. The injury, however, continues to this date. Claimant has not yet
reached
26 years of age and thus the statute of limitations has not expired, pursuant
to Code of Civil
Procedure section 340.1, subdivision (a).
Where Loss Occurred:
Dinuba, California and Reedley, California.
General Description of Loss:
Continuous sexual abuse of a minor. Assault, battery, intentional inflictio
n of emotional
distress by Mr. Blancas. Negligence, negligent hiring, supervision & training,
negligent
infliction of emotional distress by employees of Monson-Sultana School and employe
es of the
Board of Education. Claimant has suffered physical, mental, and emotional injury
that will
continue in the future according to proof at the time of trial.
Name or Names of the Public Employee(s) Causing Loss, If Known:
David Blancas; employees at the Monson-Sultana School who may have
witnessed
potentially inappropriate conduct between Mr. Blancas and J.L.
Damages:
J.L.: general, special, incidental damages, costs and fees, and
any other remedies as the
Court shall order arising out of causes of action for assault, battery,
intentional infliction of
emotional distress, negligence, negligence per se, negligent hiring,
supervision & training,
negligent infliction of emotional distress.
Amount of Money Claimed at this Time:
To be ascertained, but within the unlimited jurisdiction of the Superi
or Court.
Names of Witnesses:
J.L, and his family members; David Blancas; Pol ice
Officer Ryan Deuel; employees of
Monson-Sul tana School.
Dated: December | » 2013 Ci Z ful.
Douglas Rochen
Attorne for Claimant J.L.
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PROOF OF SERVICE
I, the undersigned, hereby certify that I am employed in the County of Fresno, State of
California, over the age of eighteen years and not a party to the within action; my business address is
5200 North Palm, Suite 211, Fresno, California 93704.
On the date set forth below, I placed in a sealed envelope and served a true copy of the within
DEFENDANT’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION
TO PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL WITH PREJUDICE
addressed as follows:
Boris Treyzon
Douglas A. Rochen
Cynthia Goodman
ABIR COHEN TREYZON SALO, LLP
16001 Ventura Boulevard, Suite 200
Encino, California 91436
10 Tel: (424) 288-4367
Fax: (424) 288-4368
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E-Mail: btreyzon@actslaw.com
12 E-Mail: drochen@actslaw.com
E-Mail: cgoodman@actslaw.com
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ATTORNEYS FOR PLAINTIFF J.L.
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16 a BY OVERNIGHT COURIER _I caused such envelope(s) to be delivered via overnight
courier service to the addressee(s) designated.
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Oo BY ELECTRONIC DELIVERY I caused said document to be delivered electronic email to
18 the offices of the above addressees.
19 O BY MAIL lam readily familiar with the business practice at my place of business for
collection and processing of correspondence for mailing with the United States Postal Service.
20 Correspondence so collected and processed is deposited in the ordinary course of business.
21 I caused each envelope, with postage fully prepaid, to be placed in the United States mail, at
Fresno, California.
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O BY HAND I caused to be hand delivered each envelope to the office listed above.
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O BY FACSIMILE I served the above-mentioned document from Facsimile Machine No.:
24 (559) 221-5262 to the interested parties at the facsimile numbers listed above.
ZS I declare that I am employed in the office of a member of the bar of this court at whose
direction the service was made. I declare under penalty of perjury that the foregoing is true and
26 correct, and that this proof of service was executed at Fresno, California, on August 14, 2020.
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Preview
James D. Weakley, Esq. Bar No. 82853 Matthew P. Bunting, Esq. Bar No. 306034 Weakley & Arendt E-FILED A Professional Corporation 8/14/2020 1:48 PM 5200 N. Palm Avenue, Suite 211 Superior Court of California Fresno, California 93704 County of Fresno Telephone: (559) 221-5256 By: K. Daves, Deputy Facsimile: (559) 221-5262 Jim@walaw-fresno.com Matthew@walaw-fresno.com Attorneys for Defendant MONSON-SULTANA JOINT UNION ELEMENTARY SCHOOL DISTRICT SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF FRESNO, UNLIMITED JURISDICTION 11 12 J.L., an individual, ) CASE NO. 14CECG00396 13 ) DEFENDANT’S REQUEST FOR Plaintiff, ) JUDICIAL NOTICE IN SUPPORT OF 14 vs. ) OPPOSITION TO PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL WITH 15 DAVID BLANCAS, an individual; MONSON- ) PREJUDICE SULTANA JOINT UNION ELEMENTARY ) 16 SCHOOL DISTRICT, a California Date: August 27, 2020 governmental entity; TULARE COUNTY Time: 3:27 p.m. 17 BOARD OF EDUCATION, a California Dept: 403 governmental entity; and DOES 1 through 50, Judge: Hon. Kristi Culver Kapetan 18 inclusive, ) ) 19 Defendants. ) Complaint Filed: February 11, 2014 ) Trial Date: TBD 20 Public Entity Exempt from Filing Fees 21 ) Pursuant to Government Code section 6103 ) 22 ) 23 24 Defendant Monson-Sultana Joint Union Elementary School District (hereafter 25 “Defendant” or “Monson-Sultana”) hereby submits this request for judicial notice in support of 26 its opposition to Plaintiff J.L.’s (hereafter “Plaintiff’) Motion to Set Aside Dismissal with 27 Prejudice. 28 /// Defendant’s Request for Judicial Notice Defendant Monson-Sultana respectfully requests that, pursuant to California Evidence Code Sections 452(c) and 453, the Court take judicial notice of the following documents. 1 Government Claim for Damages Filed by J.L. dated December 11, 2013 attached hereto as Exhibit “C”. 2. The previous pleadings filed in this action. I. LEGAL ANALYSIS The Court may take judicial notice of official acts of legislative, executive, and judicial departments of the United States. Evidence Code § 452(b). Further, the Court may also take judicial notice of facts and propositions which are not reasonably subject to dispute and are 10 capable of immediate and accurate determination. Evidence Code § 452(h). 11 Monson-Sultana requests that the Court take judicial notice of the Government Claim 12 Form filed with Mon-Sultana School District. The documents contain a file stamp from the date 13 received. It is a public record, which is not reasonably subject to dispute and is capable of 14 immediate and accurate determination. Therefore, the Court should take judicial of the 15 government claim form. 16 Monson-Sultana further requests that the Court take judicial notice of the previously 17 filed pleadings in this case. The documents contain file stamps from the date filed. They are 18 public records, which are not reasonably subject to dispute, and are capable of immediate and 19 accurate determination. Therefore, the Court should take judicial notice of the previously filed 20 pleadings in this case. 21 II. CONCLUSION 22 The Court has authority to take judicial notice of the public record filed with Monson- 23 Sultana Joint Union Elementary School District, a public entity and of the pleadings that were 24 previously filed in this case. 25 //1 26 M11 27 Hf] 28 Mf Defendant’s Request for Judicial Notice Therefore, it respectfully requests that judicial notice be taken as to the claim form attached hereto as Exhibit “C” and all previously filed pleadings in this case. DATED: August 14, 2020 WEAKLEY & ARENDT A Professional Corporation By es D. Weal atthew P. Bunting Attorneys for Defendant Monson-Sultana 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Request for Judicial Notice EXHIBIT “C” Kabateck Brown Kellner we CLAIM FOR DAMAGES (Government Code Section 910) To VIA CERTIFIED MAIL, Monson-Sultana Joint Union Elementary School District 7012-3460-0000-2910-9626 10643 Avenue 416 Sultana, CA 93666 Telephone: (559) 591-1634 Jim Vidak 7012-3460-0000-2910-9633 Tulare County Superintendent of Schools 2637 West Burrel Avenue Visalia, California 93291 Telephone: (559) 733-6301 Tulare County Board of Education 7012-3460-0000-2910-9640 2637 West Burrel Avenue Visalia, California 93291 Telephone: (559) 733-6300 Name and Address of Claimant: Address to Which Notices Should be Sent: JL. Douglas A. Rochen c/o Kabateck Brown Kellner Kabateck Brown Kellner LLP 644 S. Figueroa Street 644 S. Figueroa Street Los Angeles, California 90017 Los Angeles, California 90017 Telephone: (213) 217-5000 Facsimile: (213) 217-5010 dar@kbklawyers.com How Loss Occurred: This claim arises out of David Blancas’ frequent, sustained sexual abuse of J.L., starting when he was approximately 10 years old until he was approximately 13 years old. Such sexual abuse took place from approximately 1999 to 2003 and resulted in physical, mental, and emotional injury to J.L. that continues to this day. In addition, approximately 10 years after these tragic events, Mr. Blancas also victimized another young boy at the school where he taught, the Monson-Sultana School in Dinuba, California. Mr. Blancas is currently being detained in Centinela State Prision in Imperial, California. During the time that Mr. Blancas preyed on both young boys, employees of Monson-Sultana Joint Union Elementary School District (“School District”) and Tulare County Board of Education (“Board”) failed to exercise reasonable care in hiring and supervising Mr. Blancas. Employees of the School District and the Board also failed to exercise reasonable care in training its employees to report suspected or actual occurrences of child abuse. As a result of their employees’ negligence, the School District and the Board are vicariously liable pursuant to Government Code section 815.2, subdivision (a). Historic Fire Engine Co. No. 28 Building 644 South Figueroa Streat | Los Angeles.CA S0017 | www.kbklawyers.com | T: 2132175000 F.213.2175010 Page 2 of 2 Claim for Damages The School District’s and Board’s’ breach of its common law and statutory duties resulted in the continuing injuries to J.L. When Loss Occurred: The sexual misconduct complained of began in approximately 1999 and continued until approximately 2003. The injury, however, continues to this date. Claimant has not yet reached 26 years of age and thus the statute of limitations has not expired, pursuant to Code of Civil Procedure section 340.1, subdivision (a). Where Loss Occurred: Dinuba, California and Reedley, California. General Description of Loss: Continuous sexual abuse of a minor. Assault, battery, intentional inflictio n of emotional distress by Mr. Blancas. Negligence, negligent hiring, supervision & training, negligent infliction of emotional distress by employees of Monson-Sultana School and employe es of the Board of Education. Claimant has suffered physical, mental, and emotional injury that will continue in the future according to proof at the time of trial. Name or Names of the Public Employee(s) Causing Loss, If Known: David Blancas; employees at the Monson-Sultana School who may have witnessed potentially inappropriate conduct between Mr. Blancas and J.L. Damages: J.L.: general, special, incidental damages, costs and fees, and any other remedies as the Court shall order arising out of causes of action for assault, battery, intentional infliction of emotional distress, negligence, negligence per se, negligent hiring, supervision & training, negligent infliction of emotional distress. Amount of Money Claimed at this Time: To be ascertained, but within the unlimited jurisdiction of the Superi or Court. Names of Witnesses: J.L, and his family members; David Blancas; Pol ice Officer Ryan Deuel; employees of Monson-Sul tana School. Dated: December | » 2013 Ci Z ful. Douglas Rochen Attorne for Claimant J.L. ES ! i i (4 i S) Be = ie ces tas eu 4 a Hl . i hy a = Beez ary ow &B Be a i rae wo aE ag me i Be teSS u Wingy Hoo xs% a 6 ol aa be of o OG E G1a BS oSigoFee B |lH i 2 mae S* 4 io ae PROOF OF SERVICE I, the undersigned, hereby certify that I am employed in the County of Fresno, State of California, over the age of eighteen years and not a party to the within action; my business address is 5200 North Palm, Suite 211, Fresno, California 93704. On the date set forth below, I placed in a sealed envelope and served a true copy of the within DEFENDANT’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO PLAINTIFF’S MOTION TO SET ASIDE DISMISSAL WITH PREJUDICE addressed as follows: Boris Treyzon Douglas A. Rochen Cynthia Goodman ABIR COHEN TREYZON SALO, LLP 16001 Ventura Boulevard, Suite 200 Encino, California 91436 10 Tel: (424) 288-4367 Fax: (424) 288-4368 11 E-Mail: btreyzon@actslaw.com 12 E-Mail: drochen@actslaw.com E-Mail: cgoodman@actslaw.com 13 ATTORNEYS FOR PLAINTIFF J.L. 14 15 16 a BY OVERNIGHT COURIER _I caused such envelope(s) to be delivered via overnight courier service to the addressee(s) designated. 17 Oo BY ELECTRONIC DELIVERY I caused said document to be delivered electronic email to 18 the offices of the above addressees. 19 O BY MAIL lam readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United States Postal Service. 20 Correspondence so collected and processed is deposited in the ordinary course of business. 21 I caused each envelope, with postage fully prepaid, to be placed in the United States mail, at Fresno, California. 22 O BY HAND I caused to be hand delivered each envelope to the office listed above. 23 O BY FACSIMILE I served the above-mentioned document from Facsimile Machine No.: 24 (559) 221-5262 to the interested parties at the facsimile numbers listed above. ZS I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. I declare under penalty of perjury that the foregoing is true and 26 correct, and that this proof of service was executed at Fresno, California, on August 14, 2020. 27 A yy 28 aro} athis