everest campus california inc s request for judicial notice in suppor

Cal. Super. - 1st Dist.August 6, 2021

21878.1 1 REQUEST FOR JUDICIAL NOTICE ISO DEMURRER AND MTN TO STRIKE 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 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 Brian K. Stewart, Esq. (State Bar No. 126412) Adam A. Ainslie, Esq. (State Bar No. 311427) COLLINS COLLINS MUIR + STEWART LLP 1100 El Centro Street South Pasadena, CA 91030 (626) 243-1100 - FAX (626) 243-1111 Attorneys for Defendant EVEREST CAMPUS CALIFORNIA, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO RICHARD BURTON, an individual; ANDREW CLIFTON, an individual; KAITLIN KIRKPATRICK, an individual; and KIMBERLY KIRKPATRICK, an individual, Plaintiffs, vs. EVEREST CAMPUS CALIFORNIA, INC., a Delaware corporation; and DOES 1-20 inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CGC19580946 [Assigned to Judge Garret Wong, Room 610] EVEREST CAMPUS CALIFORNIA, INC.’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS’ FIRST AMENDED COMPLAINT AND DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT [Filed concurrently with Notice of Demurrer and Demurrer; Notice of Motion and Motion to Strike and Declaration of Adam A. Ainslie] DATE: September 22, 2020 TIME: 9:30 a.m. DEPT.: 302 Complaint Filed: 11/21/19 Remand Received: 07/27/20 Trial Date: None TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: PLEASE TAKE NOTICE that pursuant to Evidence Code sections 451, 452, and 453, Defendant EVEREST CAMPUS CALIFORNIA, INC. (“Everest”) hereby request that the Court take judicial notice of the following documents in connection with the demurrer and motion to strike ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 08/26/2020 Clerk of the Court BY: EDNALEEN ALEGRE Deputy Clerk 21878.1 2 REQUEST FOR JUDICIAL NOTICE ISO DEMURRER AND MTN TO STRIKE 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 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 concurrently filed herewith to the First Amended Complaint of Plaintiffs RICHARD BURTON, ANDREW CLIFTON, KAITLIN KIRKPATRICK, and KIMBERLY KIRKPATRICK (collectively ‘Plaintiffs”): 1. Plaintiffs’ Opposition to Defendant Peak Campus’ Motion to Dismiss 2. Plaintiffs’ Responses to Defendant Peak Campus’ Request for Admissions (set one) 3. Stipulation re: Peak Campus and Everest Campus 4. The legislative history and amendments to Civil Code section 1786.16, including Stats.1976, c. 1150, p. 5210, § 3; Stats.1982, c. 1127, p. 4067, § 9; Stats.1998, c. 988 (S.B.1454), § 5; Stats.2001, c. 354 (A.B.655), § 10; Stats.2002, c. 1030 (A.B.1068), § 3, eff. Sept. 28, 2002; Stats.2010, c. 481 (S.B.909), § 1, eff. Jan 1, 2011. Pursuant to Evidence Code section 452, subdivision (d), this court may take judicial notice of the records of “any court of record of the United States…” which includes the Northern District of California. Additionally, “the court will take judicial notice of records such as admissions, answers to interrogatories, affidavits, and the like, when considering a demurrer, only where they contain statements of the plaintiff or his agent which are inconsistent with the allegations of the pleading before the court.” Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604- 05. Further, judicial notice of the legislative history and statutory amendments of a particular statute in question is appropriate. Hughes Electronics Corp. v. Citibank Delaware (2004) 120 Cal.App.4th 251, 255, fn.13. DATED: August 26, 2020 COLLINS COLLINS MUIR + STEWART LLP By: ________________________________ BRIAN K. STEWART Attorneys for Defendant EVEREST CAMPUS CALIFORNIA, INC. 21878.1 3 REQUEST FOR JUDICIAL NOTICE ISO DEMURRER AND MTN TO STRIKE 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 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 PROOF OF SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State of California, ) ) ss. County of Los Angeles. ) I am employed in the County of Los Angeles. I am over the age of 18 and not a party to the within action. My business address is 1100 El Centro Street, South Pasadena, California 91030. On this date, I served the foregoing document described as EVEREST CAMPUS CALIFORNIA, INC.’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS’ FIRST AMENDED COMPLAINT AND DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT on the interested parties in this action by placing same in a sealed envelope, addressed as follows: Joseph B. Ollinger, Esq. Law Office of Joseph B. Ollinger PC 3348 Griffith Park Blvd. #22 Los Angeles, CA 90027 (310) 424-0097 josephollinger@gmail.com ATTORNEYS FOR PLAINTIFF KYLER CORREIA; DANIEL RIGNACK AND ROGER RIGNACK (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in South Pasadena, California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at South Pasadena, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (BY CERTIFIED MAIL) - I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested to be placed in the United States Mail in South Pasadena, California. BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY (BY ELECTRONIC FILING AND/OR SERVICE) - I served a true copy, with all exhibits, electronically on designated recipients listed on the attached Service List. FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. (BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimile number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (626) 243-1111 indicated all pages were transmitted. (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). Executed on August 26, 2020 at South Pasadena, California. (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) - 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. Alicia Gomez agomez@ccmslaw.com