Request Judicial Notice

Cal. Super. - 6th Dist.November 8, 2018

1 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 RICHARD DOYLE, City Attorney (88625) NORA FRIMANN, Assistant City Attorney (93249) ARDELL JOHNSON, Chief Deputy City Attorney (95340) KENDRA MCGEE-DAVIES, Deputy City Attorney (260459) Office of the City Attorney 200 East Santa Clara Street, 16th Floor San Jose, California 95113-1905 Telephone Number: (408) 535-1900 Facsimile Number: (408) 998-3131 E-Mail Address: cao.main@sanjoseca.gov Attorneys for Defendant CITY OF SAN JOSE SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA UNLIMITED JURISDICTION MARY ELLEN STEVENS, Plaintiff, v. CITY OF SAN JOSE, and DOES 1-50, inclusive, Defendants. Case Number: 18CV337589 DEFENDANT CITY OF SAN JOSE’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Date: February 20, 2020 Time: 9:00 a.m. Dept: 19 Judge: Hon. Peter H. Kirwan REQUEST FOR JUDICIAL NOTICE Defendant City of San Jose respectfully request that the Court take judicial notice of the following documents attached hereto as Exhibit A, pursuant to Evidence Code section 452: EXHIBIT DOCUMENT Exhibit A Government claim filed by Mary Ellen Stevens on May 2, 2018. (Evid. Code § 452(c); see also, Ludwig v. Superior Court (1995) 37 Cal.App. 8.) III III 1 CITY’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THE CITY’S MOTION FOR SUMMARY JUDGMENT 18CV337589 1667418 Electronically filed by Superior Court of CA, County of Santa Clara, on 12/5/2019 11:32 AM Reviewed By:Patricia Hernandez Case #18CV337589 Env #3732251 18CV337589 Santa Clara - Civil Patricia Hernandez 1 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 Dated: December 5, 2019 RICHARD DOYLE, City Attorney By KENDRA E. MCGEE-DAVIES Senior Deputy City Attorney Attorneys for CITY OF SAN JOSE 2 CITY’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THE CITY’S MOTION FOR SUMMARY JUDGMENT 18CV337589 1667418 EXHIBIT AHI I Office of the City Cierk Timestamp CAPITAL OF SILICON VALLEY Office of the City Cierk 200 East Santa Clara Street Tower 14th Floor San Jose, CA 95113 CLAIM AGAINST THE CITY OF SAN JOSE, CA (For Damages to Persons or Personal Property) Received by: Via: U.S. Mail Interoffice Mai! Over the Counter (Please do not write above this line - for City use only) Generally, a claim against the City of San Jose for damages to persons or personal property must be filed with the City Clerk of the City of San Jose within six months after the incident occurred. See Government Code 911.2. Completed claims must be mailed or delivered to: Office of the City Clerk, City of San Jose, 200 E. Santa Clara Street, Tower, 14th Floor, San Jose, CA 95113, telephone: (408) 535-1260. Attach copies of any receipts or other documentation to the original claim form. TO THE CITY CLERK of the City of San Jose, California: The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property: NAME OF CLAIMANT Mary Ellen Stevens DATE OF BIRTH: 09/16/1959 ADDRESS OF CLAIMANT 2151 Oakland Road Sp 172 city San Jose state CA zip CODE 95131 HOME WORK DRIVER’S LICENSE PHONE (408 ) 434-6547 PHONE ( )_______ state and NUMBER N8894437 California SEND NOTICES REGARDING THIS CLAIM TO: (List name, mailing address and phone number if not same as above.) Abronson Law Offices 236 N. Santa Cruz Ave. Suite 227, Los Gatos, CA 95030 (408) 687-9155 DATE OF INCIDENT PLACE (Exact and OR OCCURRENCE 11/18/2017 specific location The corner of Cinnabar St and N. Montgomery St. CAUSING CLAIM of incident.) iRCUMSTANCES (Specify the occurrence, event, act, or omission which you claim caused the injury or damage for which you are submitting this claim. Where space is insufficient, attach an additional page with the claimant’s name on the page.) After crossing Cinnabar St. on eastbound N. Montgomery St., Ms. Stevens was walking around a vehicle parked on the side of the road. As she rounded the end of the vehicle on the street side, she stepped on a loose piece of asphalt lying on the road and fell to the ground, breaking her left arm and right ankle. CITY’S ACTION (Specify action by City or its employees which caused alleged damage or injury.) N, Montgomery St. was in disrepair and as a result, a loose piece of asphalt was left in a place where Ms. Stevens could step upon it. _ ITY EMPLOYEES' NAMES OR CITY DEPARTMENT INVOLVED IN ALLEGED ACCIDENT OR INCIDENT. San Jose Department of Transportation CLAIM AGAINST THE CITY OF SAN JOSE, CA Page 2 _____ ____________________ ' _ _____ DESCRIPTION OF LOSS (Describe injury, property damage or loss, so far as is known at this time. If there were no injuries, state "NO INJURIES.”) At this time, Ms. Stevens has a closed fracture of proximal end of left humerus, fracture of left humerus, and closed right ankle fracture. ______ _______ _____________________ OTHER INJURED PERSONS (list names and addresses) OWNER OF PROPERTY DAMAGED (if different from claimant) * 322,915.24 $ TBD____________ $tbd____________ Basis for computation of amounts claimed (include copies of bills, invoices, estimates, etc.): ee attached billing AMOUNT CLAIMED: Amount claimed as of this date: Estimated amount of future costs: Total amount claimed: WITNESSES, HOSPITALS, DOCTORS, ETC. (list names and addresses): Canyon Springs Post Acute, Santa Clara Valley Medical Center, and Rural Metro of Southern California ADDITIONAL INFORMATION (List any additional information that might be helpful in considering your claim.): Ms. Stevens is still actively treating for her injuries. WARNING! IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM (Penal Code Section 72) I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except to those matters stated upon information or belief and as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE and CORRECT. Signed this day of April 20 18 Revised 10/1/2015 1 2 o J 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA Stevns v. City of San Jose I am employed in the County of Santa Clara, State of California. I am over the age of 18 and not a party to the within action; my business address is 236 N. Santa Cruz Ave. Ste. 227, Los Gatos, CA 95030. On May 2, 2018,1 served the documents described below on the parties indicated below: Documents Served: • Claim Against the City of San Jose Parties Served: Office of the City Clerk 200 East Santa Clara Street Tower 14th Floor San Jose, CA95113 ____(By Regular Mail) I am readily familiar with the firm’s practice for collection and processing of correspondence for mailing. Under that practice, in the ordinary course of business, correspondence would be deposited with the United States Postal Service on the same day with postage thereon fully prepaid. _____ (By Fax) Copies of each document listed above were sent by Facsimile Transmission to the above Fax number on the below date. X (By Personal Service) Copies of each document listed above were personally served upon the individual listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at San Jose, California, on May 2. 2018. David Joel Meyer McClellan PROOF OF SERVICE