" v

1 YOUNG, SPIEGEL & LEE, ‘LLP . F] LE D 5

LANCE S. SPIEGEL, State Bar No. 51625 Superior Counwc I.
2 lances@ysfamilylaw.com Cnunrv 011,0; A
nigomh”
301 N. Canon Drive, Suite 300 Ä ' e‘
3 Beverly HiI1s‚ CA 90210 DEC 1 7292g
Telephone: 310.887.5100 « . . —
4 Facsimile: 310.887.5119 °g: 1cenc1em
5 ELKINS KALT WEINTRAUB REUBEN GARTSIDE LLP C681! r L10. Pnlm ‘Beim’
ANNE C. KILEY, State Bar No. 145489 "
6 akiley@elkinskalt. com
10345 W. Olympic Blvd.
7 Los Angeles, California 90064 "'
Telephone: 3l0.746.4400 __
8 Facsimile: 310.746.4499 5

9 Attomeys for Respondent,

WILLIAM BRADLEY PITT " ‘
10
ä SUPERIOR COURT OF THE STATE OF CALIFORNIA
ä co" 11
5 o N FOR THE COUNTY OF LOS ANGELES
E E ä z; 12
ögäg
<3 ä 13
50%; M
3 ä g In re the Marriage of: CASE No. BD 646 058
ä g „,- 3; 15
ä ‘g ä ‚‘I_ ANGELINA JOLIE PITT, [Assigned t0 Hon. John W. Ouderkirk (ReL) For
g g g g 16 _ _ All Purposes]
f ä 5 .0. Pet1t1oner,
ä g 17 RESPONSE T0 PETITIONER'S
ü’ g and REQUEST FOR JUDICIAL NOTICE
°’ 18
'- WILLIAM BRADLEY PITT, COMMENCEMENT DATE OF HEARING:
19 December 18, 2020
Respondent. TIME: 10:00 a.m.
20 LOCATION: Via Zoom Videoconference
21 glogän/link to be provided in advance ofhearing
[w 4 ate
*7‘;
m»
Z
I1
22
E; Q9 23 On December 15, 2020 Petitioner served a Request for Judicial Notice, asking that the Court

24 take judicial notice of certain pleadings led and orders issued in this proceeding pursuant to

25 Evidence Code Section 452(d)(1). The pleadings listed include Notices, Memoranda of Points and

26 Authorities and Declarations.

27 Pursuant to Evidence Code Section 452(d)(1)‚judicial notice may be taken ofthe records of
28 any court of this state. “What is meant by taking judicial notice of Court records? There exists a

1568I26vl

RESPONSE TO PETITIONER'S REQUEST FOR IUDICIAL NOTICE

 r Y

O O

1 mistaken notion that this means taklng judicial notice of the existence of facts asserted in every

2 document of a court le, including pleadings and afdavits. However, a court cannot take judicial

3 notice of hearsay allegations as being true, just because they are part of a court record or le. A

4 court may take judicial notice of the existence of each document in a court le, but can only take

5 judicial notice of the truth of facts asserted in documents such as orders, ndings of fact and

6 conclusions oflaw, andjudgments.” Day v. Sharp (1975) 50 Cal. App 3“’ 904, 914, citing Jefferson‚

7 California Evidence Benchbook [emphasis in Original]. "Whilejudicial notice may be taken of court

8 records (Evid.Code, Q 452, subdivision (d))‚ the truth ofmatters asserted in such documents is not

9 subject t0judicial notice. ” Board ofPilot Commissionersfor the Bays OfSan Francisco, San Pablo

m 10 and Suisun v. Superior Court (2013) 218 Cal.App 4th 577, 597. [Emphasis added]. See also Arce

ä 11 v. Kaiser Foundation (2010) 181 Cal. App. 4th 471, 482 ("While we may take judicial notice of

ä ä 12 court records and ofcial acts of state agencies (Evid.Code, 5 452, subds.(c), (d)), the truth ofmatters l

ä ä 13 asserted in such documents is not subject to judicial notice") and Espinoza v. Calva (2008) 169

‘ä g 14 Cal.App.4th 1393, 1396 (“We can takejudicial notice ofthefact the pleadings wereleal, but not

‘g i5 15 ofthe truth ofthe statements contained in them”). [Emphasis added].

E. ä ä’ 16 Thus, while the Court may take judicial notice of the truth of the facts stated in its Orders

ä 8 3 17 and Judgments, it cannot take judicial notice of the truth of the Statements in the Notices,

w g 18 Memoranda of Points and Authorities, Declarations and other pleadings Petitioner lists.

19 Respondent does not obj ect to the Court takingjudicial notice of the tmth of the facts stated

20 in the Orders and Judgments it has made in this proceeding. While it is permissive for the Court to

21 in addition take notice ofthe fact the pleadings listed by Petitioner were led, the Court may decline

22 to take judicial notice of the fact the pleading was led if that fact is not relevant to the dispositive

23 issues. Arce, supra, at 482. In her Notice, Petitioner atly states the pleadings are relevant to the

w 24 custody issues before the Court, but submits no Statement as to why she believes that the fact that

25 the pleadings she lists were led is relevant. Respondent believes that Petitioner may not understand

26 the concept ofjudicial notice, and may believe that taking judicial notice means the documents and

27 the Statement therein are in evidence, which is incorrect. as stated above Respondent requests that

28 as to each document Petitioner lists which is not an Order issued by the Court in this proceeding,
1568126v1
 l she state why she believes th‘e fact the pleading was led is relevant t0 this proceeding, and that

2 Respondent be heard thereafter before the Court decides whether to take judicial notice of the fact

3 the particular pleading was led.

6 DATED: December 16, 2020 ELKINS KALT WEINTRAUB REUBEN

GARTSIDE LLP
7 .
Äw/K/ßxy”
8 By:
ANNE KILEY
9 Attorneys for Respondent,
WILLIAM BRADLEY PITT
m 10
O’)

5 3 n
ää 8 ‘ä o"
S
2585 Ü
6252
<3. ä
3 ‘x5 m ä
13
ää? M
:“ä8
2
ääg:
ä 15
äääälö
ä"‘ä U
—
L1 1%pi’ 18

19

20

Q m
m?
E 2
53:32
ü: 23

24

25

26

27
28
l568|26vl 3

RESPONSE T0 PETlTIONER'S REQUEST FOR JUDICIAL NOTICE

 1 ' ‘PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

3 At the time of Service, I was over 18 years of age and not a party to this action. I am
employed in the County of Los Angeles, State of Califomia. My business address is 10345 W.
4 Olympic B1vd., Los Angeles‚ CA 90064.

5 On December 16, 2020, I served true copies ofthe following document(s) described as
RESPONSE T0 PETITIONER'S REUEST FOR JUDICIAL NOTICE on the interested
6 parties in this action as follows:

7 SERVICE LIST ’
8 Samantha Bley DeJean‚ ESq. Hon. John W. Ouderkirk, Ret.
9 Stefani S. Radist, Esq. Alternative Resolution Centers LLC
Bley & Bley 1875 Century Park EaSt‚ Suite 450
l0 555 Montgomery Street, Suite 1205 Los Angeles, CA 90067
g San Francisco, CA 94111 Email: ranchomirae1@ea1th1ink.net
5 i; 11 Email: sbd/‘Züblevandblex-ncom
g g Email: sr(’(}‘1ble'andb1ev.co1n
Z5: äää 12
4 I; ..
2 ä 13 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s)
ä ‚J- °’ to be sent from e-mail address ivelas‘ uezrfbelkinskaltcom to the persons at the e-mail addresses
ä‘ ü “- l4 listed in the Service List. I did not receive, within a reasonable time after the transmission, any
‘g’: g v2 g electronic message or other indication that the transmission was unsuccessful. "
5 9- 8 3
5 ‚ä 3 l5 I declare under penalty ofperjury under the laws ofthe State of Califomia that the foregoing
ä 3 ‘ä: ‘,3 16 is true and correct.
2’ m 4 5
ä ä 3 g’ l7 Executed on December 16, 2020, at Los Angeles, Califomia.

w g 18

19 e»93w*-‘<«4Ä7“""2r'*
Inna Velasquez
20
gmu
Q1!’ 21
„s: e
Ü)’; 22
E:
I22; 23 .
24

25 _

26

. 27

28
l568lZ6vl 4

RESPONSE TO PETITIONER'S REQUEST FOR JUDICIAL NOTICE