The court takes judicial notice of the 2016 Outcome evaluation report which sets forth the total number of inmates released from CDCR for each fiscal year 2002-03 through 2013-14. Based on this report, defendants contend the release date of all state prisoners is accurate 99% of the time. (Motion to Strike page 6-7.) The 2016 report sets forth the total number of inmates released each fiscal year. The Second Amended Complaint sets forth over-detention statistics for various correctional facilities during specified years. (Ex. #1) The SAC also attached early/ late release reports for plaintiff and several putative class members. (Ex ## 1-14) The court assumes, given the lack of objection from plaintiff, that defendants have computed the error rate in release dates for each fiscal year from these CDCR documents.
Defendants’ motion to strike the class allegations in the second amended complaint (SAC) is granted without leave to amend. On the face of the SAC, it is apparent that there is