Case No. S233757
IN THE SUPREME COURT OF THE
STATE OF CALIFORNIA
BIANKA M.,
Petitioner,
Vv.
THE SUPERIOR COURT OF CALIFORNIA SUPREME COURT
FOR THE COUNTY OF LOS ANGELES, FILED
Respondent, APR1 9 2017
GLADYSM., Jorge Navarrete Clerk
Real Party in Interest.
Deputy
Second District Court of Appeal
Case No. B267454
Los Angeles County Superior Court
The Honorable Holly J. Fujie
Civil Case No. BF052072
MOTIONOFAMICI CURIAE IN SUPPORT OF PETITIONER
BIANKA M. REQUESTING JUDICIAL NOTICE; MEMORANDUM OF
POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION
OF THOMASM. PETERSON; PROPOSED ORDER
Daniel Grunfeld (Bar No. 128494) Thomas M.Peterson (Bar No. 096011)*
David Sean Cox (Bar No. 181232) MORGAN,LEWIS & BOCKIUS LLP
Nicolette L. Young (Bar No. 280810) One MarketStreet, Spear Tower
Lauren S. Schwartz (Bar No. 312253) San Francisco, CA 94105
MORGAN,LEWIS & BOCKIUS LLP Telephone No. (415) 442-1000
300 South Grand Avenue, 22nd Floor Facsimile No. (415) 442-1001
Los Angeles, CA 90071
Telephone No. (213) 612-2500
Facsimile No. (213) 612-2501
ATTORNEYS FOR AMICI CURIAE LEGAL SERVICES FOR CHILDREN,
IMMIGRATION CENTER FOR WOMEN AND CHILDREN, LAW
FOUNDATION OF SILICON VALLEY, AND LAWYERS’ COMMITTEE FOR
CIVIL RIGHTS OF THE SAN FRANCISCO BAY AREA
MOTION REQUESTING JUDICIAL NOTICE
Pursuant to California Evidence Code §§ 452 and 459, and
California Rules of Court, Rule 8.252(a), amici curiae in support of
Petitioner Bianka M.respectfully request that the Court take judicial notice
of the following documents:
1. Minute Order in Fabricio V. v. Vigil (L.A.S.C. Case No.
BF055254) (April 13, 2016).
2. Minute Order in Jaqueline M. v. Mazariegos (L.A.S.C. Case No.
BF055213) (April 6, 2016).
Minute Order in Santos M. v. Maria (L.A.S.C. Case No.BF056018)
(July 20, 2016).
Dated: April 6, 2017 Respectfully submitted,
MORGAN,LEWIS & BOCKIUS LLP
Thomas M.Peterson
Attorneys for Amici Curiae Legal
Services for Children, Immigration
Center for Women and Children,
Law Foundation of Silicon Valley,
and Lawyers’ Committee for Civil
Rights of the San Francisco Bay
Area
MEMORANDUMOFPOINTS AND AUTHORITIES
A reviewing court maytakejudicial notice of any matter specified in
Evidence Code section 452. “In determining the propriety of taking
judicial notice of a matter, or the tenor thereof, the reviewing court has the
same powerasthe trial court under Section 454.” Evidence Code section
459(b).
A court may take judicial notice of the “[rJecords of . .. any court of
this state.” Evidence Codesection 452(d); Sosinsky v. Grant (1992) 6
Cal.App.4th 1548, 1569 (findingit is proper to take judicial notice ofthe
existence of court records).
Amici ask this Court to take judicial notice of the Minute Orders
denying Special Immigrant Juvenile Status (“SIJS”) findings in three cases,
which are attached as Exhibits A-C to the declaration of Thomas M.
Peterson. The purpose ofthis request for judicial notice is to put before the
Court illustrative examples ofhow the Court ofAppeal’s ruling in
Bianka M. v. Superior Court (2016) 245 Cal.App.4th 406 has directly and
injuriously impacted the population of vulnerable immigrant children
Congress intendedto protect. The Minute Orders are relevant because they
offer context of the real detrimental effect Bianka M. has had on otherwise
eligible children. These documents were not presented to thetrial court
because they showtheeffect ofthetrial court’s decision.
Dated: April 6, 2017 Respectfully submitted,
MORGAN, LEWIS OCKIUS LLP
Thomas M. Petkfson
DECLARATION OF THOMAS M. PETERSON
I, Thomas M.Peterson, declare as follows:
1. [am an attorney licensed to practice law before the courts ofthis
state, and a partner at the law firm of Morgan, Lewis & Bockius LLP,
attorneys for amici curiae Legal Services for Children, Immigration Center
for Women and Children, Law Foundation ofSilicon Valley, and Lawyers’
Committee for Civil Rights of the San Francisco Bay Area.
2. Ihave personal knowledgeofthe facts set out here. If called as a
witness, I would and could testify competently thereto.
3. Attached hereto as Exhibit A is a true and complete copy of the
Minute Order in Fabricio V. v. Vigil, Los Angeles Superior Court Case No.
BF055254). This was obtained at my direction from amici.
4. Attached hereto as Exhibit B is a true and complete copy of the
Minute Order in Jaqueline M. v. Mazariegos, Los Angeles Superior Court
Case No. BF055213. This was obtained at my direction from amici.
5. Attached hereto as Exhibit C is a true and complete copy of the
Minute Order in in Santos M. v. Maria, Los Angeles Superior Court. Case
No. BF056018. This was obtained at my direction from amici.
I declare under penalty of perjury that the foregoing is true and
correct and that this declaration was executed at San Francisco, California,
on April 6, 2017.
By:
Thomas M. Pelerson
[PROPOSED] ORDER
The motion of amici curiae in support of Petitioner Bianka M.
requesting judicial notice is hereby GRANTED.
Dated:
By:
Chief Justice
CERTIFICATE OF SERVICE
I, Davace Chin, declare that I am a resident of the State of
California, County of San Francisco. I am overthe age of eighteen years
and not a party to the within action; my business address is Morgan,
Lewis & Bockius LLP, One Market Street, Spear Tower, San Francisco,
California 94105.
On April 6, 2017, I caused thefollowing documentto be served:
MOTION OF AMICI CURIAE IN SUPPORT OF PETITIONER
BIANKA M. REQUESTING JUDICIAL NOTICE; MEMORANDUM
OF POINTS AND AUTHORITIES IN SUPPORT THEREOF;
DECLARATION OF THOMASM. PETERSON; PROPOSED
ORDER
via U.S. Postal Service — by placing the documentlisted above in a sealed
envelope with postage thereon fully prepaid, in the United States mail at
San Francisco, California addressed as set forth below:
Joshua C. Lee
Miller Barondess, LLP
1999 Avenueofthe Stars, Suite 1000
Los Angeles, CA 90067
Nickole Gretta Miller
Immigrant Defense Law Center
634 South Spring Street, 3rd Floor
Los Angeles, CA 90014
Allison W. Meredith
Vedder Price
1925 Century Park East, Suite 1900
Los Angeles, CA 90067
Hon. Holly Fujie
Los Angeles Superior Court
111 North Hill Street, Dept. 87
Los Angeles, CA 90012
Lisa R. Jaskol and Judith London
Public Counsel
610 South Ardmore Avenue
Los Angeles, CA 90005
Eric Westlund and Julian Poon
Gibson Dunn & Crutcher, LLP
333 South Grand Avenue
Los Angeles, CA 90071
L. Rachel Lerman
Barnes & Thornburg LLP
2029 Century Park East, Suite 300
Los Angeles, CA 90067
California Court of Appeal
Second Appellate District, Division 3
300 S. Spring Street
North Tower — Second Floor
Los Angeles, CA 90013
I declare under penalty of perjury, under the laws of the United
States of America and the State of California, that the above is true and
correct. Executed on April 6, 2017, at San Francisco, California.
Paypce Chin
DB2/ 31299018.2
EXHIBIT A
SUPERIOR COURTOF CALIFORNIA, COUNTYOF LOS ANGELES
Dee. Dept,
Lhete Od-1] 4-16 CE 6&6
[CE66]
Hoserublc COLIN LEIS fudge |ET| yu Depary Cletk
Honorable Judge Peo Tern Hy DF LA PAZ Cour Asitasst
3 D. ALEMAN Deny Shed 11S COREN, CSR# 13715 Reporter
B30 am BEOS5254
{X}
VS.
Alba Luz Vigil (Xx)
Fabricio Gonzalo Cruz Vigilii Counsel Far
Counsel For Th Pro
Petitioner.
ee
Resporsert,
GUARDIAN AT LITEM:
MENDOZA {(X}
MARTA SOFIA CORONA
Per (8)
(X)
SICA 0.
The matter is called for hearing.
oath is on file.
The court inquires of counsel.
The courthears argument.
Ruling After Hearing as follaws:
NATURE OF PROCEEDINGS: PETITIONER’S REQUEST FOR ORDER RE
CHILD CUSTODY AND OTHER:SLIS FINDINGS (FILED ON 02-05-16):
Petitioner and respondent are sworn totestify.
Elisa Chavez Fraga, Spanish Certified Court Interpreter, #300244, interpreted for
petitioner and respondent. Interpreter’s badge has been verified by the court and the
The court places temporary sole legal and physical custody of minor Fabricio
Gonzalo Craz Vigil withrespondent as being in minor's best interests until further
court order pending a judicial determination of the other parent's parentage.
The Special Immigrant Juvenile findings are taken under submission this date.
Later, the court, in chambers out of the presence of the coun reporter, issues its
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EXHIBIT B
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Dept: Dept.
Date 04-06-16 CE 2D
{CE2D}
Honorable MARC D. GROSS Judge J. CHOT DeputyClerk
Honorable Judge Pro Tem ARMTDA GUTIERREZ Court Assistant
14 J. PERALES | Deputy Sheriff fi. VIRGOE, CSR NO. 11732 Reporter
8:30 am BFO55213
Jaqueline Sofia Reyes pounse!For
Mazariegos (X) Carisa Ailin Buigues (X)
vs.
Erika P Reyes Mazariegos (xX) CounsselFor Jn Pro Per (X)
Respondent:
Counsel for Guardian Ad Litem:
Michael A. Wertheim (X)
NATURE OF PROCEEDINGS : PETITIONER’S REQUEST FOR ORDERFILED FEB 17
2016 RE; CHILD CUSTODY;
Matteris called for hearing.
Court finds that petitioner’s alleged biological father is an indispensable party
who should be joined as a respondentin this case, pursuant to the Bianka M.
case.
Counselfor petitioner represents paternity has not been established.
Court asks how California has personal jurisdiction overpetitioner’s father
whichis necessary for the Court to determine paternity, which is necessary to
determine that father abandonedpetitioner, a finding she seeks.
Counseloffers no basis for California jurisdiction over petitioner’s father.
Request is denied without prejudice.
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Dept.
DEPT: CE 2D 04-06-16
(CE2D]
COUNTY CLERK
EXHIBIT C
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Dept: Dept.
Date 07-20-16 CE 59
[CE59]
Honorable Rolf M. Treu JudeejiG. Morales Deputy Clerk
Honorable Judge ProTemj} A. Cabrera Coutt Assistant
10 S. Pineda Deputy Sheriff] G. Viray, CSR# 7267 Reporter
8:45 am BFO56018
Santos pounselFor Nadia Danilovich (X)
ner . .
Nickole Miller (X)
VS.
Respondent: -
Guardian Ad
Potton Inna Parizher (X)
Nature of Proceedings: PETITIONER'S REQUEST FOR ORDER RE: CHILD
CUSTODY AND OTHER:SIJS FINDINGS.(FILED 6/13/16)
Matteris called for hearing.
Sonia Peralta, Spanish Certified Court Interpreter, #301664, interpreted for the Petitioner
and the Respondent. Interpreter’s badge has been verified by the Court and the oath is on
file.
The Petitioner and Respondentsit in the audience and are assisted by the Spanish language
interpreter.
The Courtrecites its tentative ruling into the record whichis to deny the request.
Cause is argued.
The Court finds the father of the minor child is not a party to this action and that this Court
has no jurisdiction overthe father.
The Petitioner’s Request for Order for SIJS Findings is denied on the following grounds:
1. The child’s father is not a party to this action and 2. The Court has no jurisdiction over
the child’s father. Notice is deemed waived.
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Dept.
DEPT: CE 59 07-20-16
[CE59]
COUNTY CLERK