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E-FILED
1 Robert M. Moss, Esq. (SBN 051198) 9/9/2021 9:08 PM
LAW OFFICES OF ROBERT M. MOSS, INC. Superior Court of California
2 Water Garden County of Fresno
2425 Olympic Boulevard, Suite 4000-W
3 Santa Monica, CA 90404 By: L Peterson, Deputy
Tel: 310-260-7650
4 Fax: 310-260-7654
E-Mail: rmmosslaw@hotmail.com
5
Attorneys for Plaintiff and Petitioner
6 EVALYN BEAUCHAMP
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
FOR THE COUNTY OF FRESNO
9
10
EVALYN BEAUCHAMP, Case No. 21CECG00403
11 Action Filed: February 10, 2021
Plaintiff,
12 PLAINTIFF / PETITIONER EVALYN
vs. BEAUCHAMP’S REQUEST FOR JUDICIAL
13 NOTICE OF SUBJECT PUBLIC DECISION
BOARD OF BEHAVORIAL SCIENCES, ON BOARD’S WEBSITE IN SUPPORT OF
14 DEPARTMENT OF CONSUMER AFFAIRS,
STATE OF CALIFORNIA; DOES 1 to 10, HER OPPOSITION TO DEFENDANT /
15 inclusive, RESPONDENT’S NOTICE OF DEMURRER
AND DEMURRER TO PLAINTIFF’S
16 Defendants. VERIFIED PETITION FOR WRIT OF
MANDATE AND COMPLAINT FOR
17 INJUNCTIVE AND DECLARATORY
RELIEF
18
19 [Filed concurrently with Opposition to Demurrer
to Verified Petition for Writ of Mandate and
20 Complaint for Injunctive and Declaratory Relief]
21 Hearing Date: September 29, 2021
Time: 1:30 p.m.
22 Dept.: 402
Judge: Hon. Gabriel Brickey
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27
28
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PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANT’S DEMURRER
TO WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
2 PLEASE TAKE NOTICE that on September 29, 2021, at 1:30 p.m., or as soon thereafter as the
3 matter may be heard, in Department 402 of the Superior Court of the State of California for the County of
4 Fresno, located at 1130 O Street, Fresno, California 93724-002, Plaintiff and Petitioner Evalyn
5 Beauchamp (“Beauchamp”) will, and hereby does, request that, in considering Defendant and Respondent
6 Board of Behavioral Sciences, Department of Consumer Affairs’ (“the Board” or “Respondent”)
7 Demurrer to Beauchamp’s Verified Petition for Writ of Mandate and Complaint for Injunctive and
8 Declaratory Relief, the Court take judicial notice of the documents and matters listed below:
9 • California Board of Behavioral Sciences Website, reflecting Licensing Details for Plaintiff and
10 Petitioner Evalyn Beauchamp, including administrative disciplinary actions, specifically, the
11 February 21, 2018 published decision revoking Beauchamp’s registration and placing her on
12 probation, which contains the highly-sensitive and private medical diagnosis of Beauchamp
13 (paragraph 9). The Board’s published decision can be found online at
14 https://search.dca.ca.gov/details/2002/ASW/81721/56afd3b72a5d0371ac33194a20022c1e.
15 The request is made pursuant to Evidence Code sections 452 and 453; Code of Civil Procedure
16 section 430.30; and California Rules of Court, Rules 3.1113(l) and 3.1306(c). The matters requested to be
17 noticed are relevant because the Board published the highly-sensitive and confidential private information
18 of Beauchamp, which necessitated the filing of this Action. (See Cal. Const., Art. 1, Sec. 1.)
19 Based on the foregoing authorities, Beauchamp respectfully request that the Court take judicial
20 notice of the above matter and that it be considered by the Court at the hearing on the Demurrer scheduled
21 for September 29, 2021.
22
23 Dated: September 9, 2021 LAW OFFICE OF ROBERT M. MOSS
24
25 By ______
ROBERT M. MOSS,
26 Attorneys for Plaintiff and Petitioner,
EVALYN BEAUCHAMP
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PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANT’S DEMURRER
TO WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 I am employed in the City of Santa Monica, County of Los Angeles. I am over the age of 18 years and
not a party to the within action. My business address is 2425 Olympic Blvd., 4000 W, Santa Monica,
4 CA 90404. On September 9, 2021, I served the documents named below on the below listed parties:
5
DOCUMENT(S) SERVED:
6
PLAINTIFF / PETITIONER EVALYN BEAUCHAMP’S REQUEST FOR JUDICIAL
7 NOTICE OF SUBJECT PUBLIC DECISION ON BOARD’S WEBSITE IN SUPPORT OF
HER OPPOSITION TO DEFENDANT / RESPONDENT’S DEMURRER TO HER
8 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR
INJUNCTIVE AND DECLARATORY RELIEF
9
SERVED UPON:
10
Rob Bonta, Attorney General of California
11
David E. Brice, Supervising Deputy Attorney General
12 Phillip L. Arthur, Deputy Attorney General
Natalie Quinonez, Legal Secretary
13 1300 I Street, Suite 125
P.O. Box 944255
14 Sacramento, CA 94244-2550
15 Email: Phillip.Arthur@doj.ca.gov; David.Brice@doj.ca.gov; Natalie.Quinonez@doj.ca.gov
Attorneys for Respondent
16
[xx] (BY MAIL) I caused each such envelope, with postage thereon fully prepaid, to be placed
17 in the United States mail at Santa Monica, California. I am readily familiar with the practice
of this office for collection and processing of correspondence for mailing, said practice
18 being that in the ordinary course of business mail is deposited in the United States Postal
Service the same day as it is placed for collection.
19
[xx] (BY ELECTRONIC MAIL) I served the enclosed via e-mail transmission to each of the
20 parties listed on the service list above with an email address.
21 [x] (STATE) I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
22
23 Executed September 9, 2021 at Santa Monica, California.
24
25 _________________________________
Robert M. Moss, Esq.
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PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANT’S DEMURRER
TO WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF
Preview
E-FILED 1 Robert M. Moss, Esq. (SBN 051198) 9/9/2021 9:08 PM LAW OFFICES OF ROBERT M. MOSS, INC. Superior Court of California 2 Water Garden County of Fresno 2425 Olympic Boulevard, Suite 4000-W 3 Santa Monica, CA 90404 By: L Peterson, Deputy Tel: 310-260-7650 4 Fax: 310-260-7654 E-Mail: rmmosslaw@hotmail.com 5 Attorneys for Plaintiff and Petitioner 6 EVALYN BEAUCHAMP 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF FRESNO 9 10 EVALYN BEAUCHAMP, Case No. 21CECG00403 11 Action Filed: February 10, 2021 Plaintiff, 12 PLAINTIFF / PETITIONER EVALYN vs. BEAUCHAMP’S REQUEST FOR JUDICIAL 13 NOTICE OF SUBJECT PUBLIC DECISION BOARD OF BEHAVORIAL SCIENCES, ON BOARD’S WEBSITE IN SUPPORT OF 14 DEPARTMENT OF CONSUMER AFFAIRS, STATE OF CALIFORNIA; DOES 1 to 10, HER OPPOSITION TO DEFENDANT / 15 inclusive, RESPONDENT’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S 16 Defendants. VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR 17 INJUNCTIVE AND DECLARATORY RELIEF 18 19 [Filed concurrently with Opposition to Demurrer to Verified Petition for Writ of Mandate and 20 Complaint for Injunctive and Declaratory Relief] 21 Hearing Date: September 29, 2021 Time: 1:30 p.m. 22 Dept.: 402 Judge: Hon. Gabriel Brickey 23 24 25 26 27 28 1 PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANT’S DEMURRER TO WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 2 PLEASE TAKE NOTICE that on September 29, 2021, at 1:30 p.m., or as soon thereafter as the 3 matter may be heard, in Department 402 of the Superior Court of the State of California for the County of 4 Fresno, located at 1130 O Street, Fresno, California 93724-002, Plaintiff and Petitioner Evalyn 5 Beauchamp (“Beauchamp”) will, and hereby does, request that, in considering Defendant and Respondent 6 Board of Behavioral Sciences, Department of Consumer Affairs’ (“the Board” or “Respondent”) 7 Demurrer to Beauchamp’s Verified Petition for Writ of Mandate and Complaint for Injunctive and 8 Declaratory Relief, the Court take judicial notice of the documents and matters listed below: 9 • California Board of Behavioral Sciences Website, reflecting Licensing Details for Plaintiff and 10 Petitioner Evalyn Beauchamp, including administrative disciplinary actions, specifically, the 11 February 21, 2018 published decision revoking Beauchamp’s registration and placing her on 12 probation, which contains the highly-sensitive and private medical diagnosis of Beauchamp 13 (paragraph 9). The Board’s published decision can be found online at 14 https://search.dca.ca.gov/details/2002/ASW/81721/56afd3b72a5d0371ac33194a20022c1e. 15 The request is made pursuant to Evidence Code sections 452 and 453; Code of Civil Procedure 16 section 430.30; and California Rules of Court, Rules 3.1113(l) and 3.1306(c). The matters requested to be 17 noticed are relevant because the Board published the highly-sensitive and confidential private information 18 of Beauchamp, which necessitated the filing of this Action. (See Cal. Const., Art. 1, Sec. 1.) 19 Based on the foregoing authorities, Beauchamp respectfully request that the Court take judicial 20 notice of the above matter and that it be considered by the Court at the hearing on the Demurrer scheduled 21 for September 29, 2021. 22 23 Dated: September 9, 2021 LAW OFFICE OF ROBERT M. MOSS 24 25 By ______ ROBERT M. MOSS, 26 Attorneys for Plaintiff and Petitioner, EVALYN BEAUCHAMP 27 28 2 PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANT’S DEMURRER TO WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the City of Santa Monica, County of Los Angeles. I am over the age of 18 years and not a party to the within action. My business address is 2425 Olympic Blvd., 4000 W, Santa Monica, 4 CA 90404. On September 9, 2021, I served the documents named below on the below listed parties: 5 DOCUMENT(S) SERVED: 6 PLAINTIFF / PETITIONER EVALYN BEAUCHAMP’S REQUEST FOR JUDICIAL 7 NOTICE OF SUBJECT PUBLIC DECISION ON BOARD’S WEBSITE IN SUPPORT OF HER OPPOSITION TO DEFENDANT / RESPONDENT’S DEMURRER TO HER 8 VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF 9 SERVED UPON: 10 Rob Bonta, Attorney General of California 11 David E. Brice, Supervising Deputy Attorney General 12 Phillip L. Arthur, Deputy Attorney General Natalie Quinonez, Legal Secretary 13 1300 I Street, Suite 125 P.O. Box 944255 14 Sacramento, CA 94244-2550 15 Email: Phillip.Arthur@doj.ca.gov; David.Brice@doj.ca.gov; Natalie.Quinonez@doj.ca.gov Attorneys for Respondent 16 [xx] (BY MAIL) I caused each such envelope, with postage thereon fully prepaid, to be placed 17 in the United States mail at Santa Monica, California. I am readily familiar with the practice of this office for collection and processing of correspondence for mailing, said practice 18 being that in the ordinary course of business mail is deposited in the United States Postal Service the same day as it is placed for collection. 19 [xx] (BY ELECTRONIC MAIL) I served the enclosed via e-mail transmission to each of the 20 parties listed on the service list above with an email address. 21 [x] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 22 23 Executed September 9, 2021 at Santa Monica, California. 24 25 _________________________________ Robert M. Moss, Esq. 26 27 28 3 PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEFENDANT’S DEMURRER TO WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF