Courthouse News Service v. Michael Planet

Filing 22

REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case and Abstain #21 filed by Defendant Michael Planet. (Attachments: #1 Exhibit)(Reilley, Erica)

1
2
3
4
5
6
7
8

Robert A. Naeve (State Bar No. 106095)
[e-mail]
Erica L. Reilley (State Bar No. 211615)
[e-mail]
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
MICHAEL PLANET, IN HIS OFFICIAL
CAPACITY AS COURT EXECUTIVE
OFFICER/CLERK OF THE VENTURA
COUNTY SUPERIOR COURT

9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11
12
13

COURTHOUSE NEWS SERVICE,
Plaintiff,

14
15
16
17
18
19

v.
MICHAEL PLANET, IN HIS
OFFICIAL CAPACITY AS COURT
EXECUTIVE OFFICER/CLERK OF
THE VENTURA COUNTY
SUPERIOR COURT,
Defendant.

Case No. CV11-08083 R (MANx)
Assigned for all purposes to
Hon. Manuel L. Real
DEFENDANT’S REQUEST FOR
JUDICIAL NOTICE IN
SUPPORT OF MOTION TO
DISMISS AND ABSTAIN
Date:
November 21, 2011
Time:
10:00 a.m.
Courtroom: 8

20
21
22
23
24
25
26
27
28

Request for Judicial Notice in Support of
Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)

1

Pursuant to Federal Rule of Evidence 201, and in support of his concurrently

2

filed Motion to Dismiss and Abstain, defendant Michael D. Planet, in his official

3

capacity as Executive Officer and Clerk of the Superior Court of California, County

4

of Ventura, respectfully requests that the Court take judicial notice of the following

5

documents:

6

1.

California Senate Bill 326, from the 2011-2002
Regular Session (as amended September 1, 2011),
available at http://www.leginfo.ca.gov/pub/1112/bill/sen/sb_0301-0350/sb_326_bill_20110901
_amended_asm_v95.pdf. A true and correct copy
of this document is attached hereto as Exhibit A.

2.

The California Senate Judiciary Committee’s May
3, 2011 Bill Analysis of Senate Bill 326 (as
amended April 25, 2011), available at
http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_
0301-0350/sb_326_cfa_20110502_142806_sen_
comm.html. A true and correct copy of this
document is attached hereto as Exhibit B.

3.

Letter from the Judicial Council of California,
Administrative Office of the Courts, to the Senate
Judiciary Committee, dated April 27, 2011. A true
and correct copy of this document is attached
hereto as Exhibit C.

4.

Letter from the Judicial Council of California,
Administrative Office of the Courts, to the
Assembly Judiciary Committee, dated June 9,
2011. A true and correct copy of this document is
attached hereto as Exhibit D.

5.

The Bill History of California Senate Bill 326, from
the 2011-2002 Regular Session, available at
http://www.leginfo.ca.gov/pub/1112/bill/sen/sb_0301-0350/sb_326_bill_
20110901_history.html. A true and correct copy of
this document is attached hereto as Exhibit E.

6.

Letter from the Judicial Council of California,

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Request for Judicial Notice in Support of
Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)

1

Administrative Office of the Courts, to the Senate
Judiciary Committee, dated August 8, 2011. A true
and correct copy of this document is attached
hereto as Exhibit F.

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

“A court shall take judicial notice if requested by a party and supplied with
the necessary information.” Fed. R. Evid. 201(d). “A judicially noticed fact must
be one not subject to reasonable dispute in that it is either (1) generally known
within the territorial jurisdiction of the trial court or (2) capable of accurate and
ready determination by resort to sources whose accuracy cannot be reasonably
questioned.” Fed. R. Evid. 201(b).
The Court “may take judicial notice of court filings and other matters of
public record.” Reyn’s Pasta Bella, LLC v. Visa USA, Inc., 442 F.3d 741, 746 n.6
(9th Cir. 2006). Exhibits A, B, and E are matters of public record. Further, they are
not reasonably subject to dispute. Thus, they are the proper subject of judicial
notice pursuant to Rule 201 of the Federal Rules of Evidence.
The Court may also take judicial notice of the contents of administrative
bodies’ records, as well as those documents that establish the dates upon which the
administrative bodies take action, where the record’s contents or the action’s dates
are not subject to reasonable dispute. See City of Las Vegas, Nev. v. F.A.A., 570
F.3d 1109, fn. 1 (9th Cir. 2009) (taking judicial notice of document that established
date administrative office approved waiver); Jimenez v. Domino's Pizza, Inc., 238
F.R.D. 241, 246 (C.D. Cal. 2006) (taking judicial notice of contents of opinion
letter issued by Division of Labor Standards Enforcement). Exhibits C, D, and F
are records from the Judicial Council of California, Administrative Office of the
Courts. Further, their existence is not reasonably subject to dispute. Thus, they are
the proper subject of judicial notice.
////
////
-2-

Request for Judicial Notice in Support of
Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)

1

For the foregoing reasons, Defendant requests that, in considering and ruling

2

upon his concurrently filed Motion to Dismiss and Abstain, the Court take judicial

3

notice of Exhibits A through F, attached hereto.

4

Dated:

October 20, 2011

JONES DAY

5
6

By: /s/ Robert Naeve
Robert A. Naeve

7

Attorneys for Defendant
MICHAEL PLANET, IN HIS
OFFICIAL CAPACITY AS COURT
EXECUTIVE OFFICER/CLERK OF
THE VENTURA COUNTY
SUPERIOR COURT

8
9
10
11
12

LAI-3151596

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-

Request for Judicial Notice in Support of
Motion to Dismiss and Abstain
Case No. CV 11-08083 R (MANx)