NEWPORT HARBOR VENTURES v. MORRIS CERULLO WORLD EVANGELISM

Respondents’ Request for Judicial Notice

Cal.December 15, 2017

SUPREME COURT COPY Case No. $239777 IN THE SUPREME COURT OF CALIFORNIA NEWPORT HARBOR VENTURES, LLC,et al., SUPREME COURT Plaintiffs and Respondents, F | | E D Vv. DEC 15 2017 MORRIS CERULLO WORLD EVANGELISM,et al., Defendants and Appellants Jorge Navarrete Clerk Deputy After a Decision of the Court of Appeal Fourth Appellate District, Division Three Court of Appeal Case No. G052660 Orange County Suprior Court Case No. 30-2013-00665314 RESPONDENTS’ REQUEST FOR JUDICIAL NOTICE OF VERTICAL MEDIAL GROUP,INC.’S CORPORATE STATUS Bradley P. Knypstra (SBN 177901) Grant Hermes (SBN 291822) KNYPSTRA HERMES LLP 2731 % E Coast Hwy Corona Del Mar, CA 92625 Tel: (949) 432-3802 Fax: (949) 432-3803 Attorneys for Plaintiffs and Respondents Newport Harbor Ventures, LLC and Vertical Media Group,Inc. TABLE OF CONTENTS MOTION......0ceeect reece eee eee eee en een eea ea eeea ees CONCLUSION... cece cee ee cnc ee cece eceaeeneeeneneeeas MOTION Pursuant to Rule 3.252, Respondents Newport Harbor Ventures, LLC and Vertical Media Group,Inc. (“Respondents”’) requestthatthis Court take judicial notice of the corporate status of Respondent Vertical Media Group,Inc. (“VMG”) as ACTIVEand in good standing,as reflected in the official records of the State of California. Evidence. Code §§452(c), 452(h). See Exhibit A. The matter to be judicially noticed is relevant to this appeal as Appellants have filed previously their own Request for Judicial Notice indicating VMG’s status on the California Secretary of State website as FTB Forfeited. However, as of December 13, 2017, VMG’s statusis ACTIVEaccording to the Secretary of State website. As a result, VMG has the ability to maintain and pursuethislitigation. This matter was not presentedto thetrial court as it was not raised until Appellants filed their Request for Judicial Notice. The corporate status of VMGis subject to judicial notice at this point as Appellants have brought VMG’s corporate status at issue. Evidence Code §452(c) allows this Court to take judicial notice of official acts of the executive department of California and the corporate status of VMGasindicated on California’s Secretary of State website. Further, Evidence code 452(h) allows judicial notice of “facts...that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” The corporate status of VMGisreliable and not reasonably subject to dispute. The corporate status of VMGis not somethingthat “relates to proceedings occurring after the order or judgmentthat is the subject of the appeal.” Asrequired by Rule of Court 8.252(a)(3), served with this motion is a copy of the matter to be noticed. See Exhibit A. CONCLUSION Respondents respectfully request that this Court take judicial notice of VMG’s ACTIVEstatus on the California Secretary of State website in light of Appellant’s previous request for judicial notice indicating that VMGwas a FTBforfeited corporation, which is no longer accurate as VMGisin good standing with the Secretary of State. Dated: December 13, 2017 PD Werner Grant Hermes, Esq. Knypstra Hermes LLP Attorney for Plaintiffs and Respondents Newport Harbor Ventures, LLC and Vertical Media Group, Inc. EXHIBIT “A” Business Search - Business Entities - Business Programs| California Secretary of State Alex Padilla California Secretary of State O, Business Search - Entity Detail 12/13/17, 3:33 PM The California Business Search is updated daily and reflects work processed through Tuesday, December 12, 2017. Please refer to document Processing Timesfor the received datesoffilings currently being processed. The data provided is not a complete or certified record of an entity. Not all images are available online. C2847252 VERTICAL MEDIA GROUPINC. Registration Date: Jurisdiction: Entity Type: Status: Agentfor Service of Process: Entity Address: Entity Mailing Address: 12/09/2005 DELAWARE FOREIGN STOCK ACTIVE DENNIS D'ALESSIO 440 FAIR DRIVE, #200 COSTA MESACA 92626 440 FAIR DRIVE, #200 COSTA MESA CA 92626 440 FAIR DRIVE, #200 COSTA MESA CA 92626 A Statementof Information is due EVERY year beginning five months before and through the end of December. Document Type ui “File Date F PDF SI-NO CHANGE 12/07/2017 SI-COMPLETE 08/04/2015 REGISTRATION 12/09/2005 * Indicates the information is not containedin the California Secretary of State's database. « {f the status of the corporation is “Surrender,” the agent for service of process is automatically revoked. Pleaserefer to California Corporations Code section 2114 for information relating to service upon corporations that have surrendered. For information on checking or reserving a name,refer to Name Availability. If the imageis not available ontine, for information on ordering a copyrefer to Information Requests. Forinformation on ordering certificates, status reports, certified copies of documents and copies of documents not currently available in the Business Search orto request a more extensive searchfor records,refer to Information Requests. e For help with searching an entity name, refer to Search Tips. For descriptions of the various fields and status types, refer to Frequently Asked Questions. Modify Search New Search Back to Search Results hittps://businesssearch.sos.ca.gov/CBS/Detail Page 1 of 1 PROOF OF SERVICE AND DELIVERY STATE OF CALIFORNIA) ) SS COUNTY OF ORANGE _) I, Grant Hermes, declare that: Iam employedin the County of Orange, State of California. Iam over the age of 18 and not a party to the within action, my business address is 2731 4% E Coast Hwy, Corona Del Mar, CA 92625. On December13, 2017, I served the foregoing document(s): RESPONDENTS’ REQUEST FOR JUDICIAL NOTICE OF VERTICAL MEDIAL GROUP,INC.’S CORPORATE STATUS on the interested parties in this action by placing true copy thereof enclosed in a sealed envelope addressedas follows: Steven W.Blake, Esq. Attorneys for Defendants and Daniel T. Watts, Esq. Appellants: Galuppo & Blake APLC 2792 Gateway Road, Suite 102 Carlsbad, CA 92009 Iam readily familiar with the firm’s practice of collecting and processing of documents and correspondence for mailing with the United States Postal Service. Under that practice, on the above date, the envelope wassealed and placedfor collection and mailing following the ordinary business practices of our office. This results in the envelope being delivered to the United States Postal Service that same day, with postage thereon fully prepaid. I deposited each such envelope in the mail at Corona Del Mar, CA, with postage thereonfully paid. Service was also made on the Supreme Court of California by depositing an envelope, containing the original and 13 copies of the above document, with postage thereon fully paid and addressed to: Supreme Court of California 350 McAllister Street San Francisco, CA 94102-4797 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December13, 2017, Corona Del Mar, California. Grant Hermes