I.   INTRODUCTION

 

   The complaint in the instant matter is a verified Complaint sounding in fraud and deceit,

 

the averments of which are set forth under penalty of perjury. The subject defendant

 

DeArenosa’s answer and defenses were stricken.The clearly documented perjury giving rise

 

to the instant causes of action arose in the case presently before Honorable Gregory Keosian,

 

Judge, Superior Court of California, case #02E07192 and plaintiff moved in the court of

 

Judge Keosian for an order to transfer and/or consolidate the instant case before j. marcus

 

with that case number 02E07192. Said jointly captioned (and filed in both subject courts

 

pursuant to court rules) motion was denied by Judge Keosian on 9-30-04 who ruled that there

 

were no facts or causes of action common to both cases, Judicial Notice of said ruling being

 

respectfully requested herein [CT Minute Order of Decision/Ruling of Honorable  

 

Gregory  Keosian  Dated 9-30-03  ]. Plaintiff had previously requested Judicial Notice of

 

case # 02E07192 before Judge Keosian in the dual-captioned motion for transfer and/or

 

consolidation concurrently filed in this case #03E05206 before j. marcus below [CT  Dual-

 

captioned motion for transfer and/or consolidation ].

                                                    

    Plaintiff had also filed a motion for Summary Judgment which was carried to December

 

11, 2003, at which time j. marcus committed clear error in dismissing without prejudice the

 

present case, stating, despite Judge Keosian’s prior and contrary ruling, that this case was

 

substantively the same as and being resolved in case #02E07192. j. marcus’ minute order

 

belies the previously articulated and formerly written misguided and erroneous substance of

 

his tentative and bench ruling inasmuch as there were no causes of action for perjury, but

 

rather the perjurious declaration of defendant DeArenosa being the documented fact of  the

 

materially false representation giving rise to the causes of action for fraud and deceit. Indeed,

 

plaintiff was ordered to show cause why the complaint should not be dismissed for failure to

 

state a cause of action (for perjury). Plaintiff fully briefed pursuant to said OSC and

 

appeared before Judge Kaplan elucidating to the court in accordance with Witkin, 

 

the only causes of action for fraud and deceit as clearly set forth in the complaint,

 

which causes of action were properly sustained and for which Judicial Notice is also

 

respectfully requested herein [CT Response/Memorandum of Law OSC 5-15-04 ].

 

 

                                                  Standard of Review

 

   The court below exhibited manifest disregard of the law and committed clear error thereby.

 

The ruling of dismissal by j. marcus constituted clear error and should be REVERSED.

 

  A Criminal Referral Of Defendant DeArenosa’ s Documented  Crime of Perjury

Should Have Issued From The Court  Below and  Now The Present Court Forthwith.

 

 

II.   STATEMENT OF THE CASE

 

A.     Procedural History

 

Plaintiff has brought the instant action by way of verified Complaint sounding in fraud

 

and deceit in the Superior Court of the State of California, County of Los Angeles, (with a

 

Demand for Damages in the amount of $35,000, inclusive of punitive damages), filed on

 

September 26, 2002 [CT Plaintiff’s Verified Complaint with Exhibits Incorporated by

 

Reference Thereto]. The Civil Case Cover Sheet indicates two causes of action;

 

viz., fraud and deceit [CT Civil Case Cover Sheet].

 

   Defendant DeArenosa’s Answer has been properly stricken for having failed to

 

respond to an Order to Show Cause. [CT  Minute Order of J. Kaplan Striking

 

Answer/Defenses].  Plaintiff’s Notice and Response to Order to Show Cause/Stipulation

 

 

preceded transfer to the court below of limited jurisdiction[CT Response OSC/Stipulation]. 

 

Plaintiff upon review of the Authorities prior to drafting and filing the instant Verified

 

Complaint posited jurisdiction as appropriate in light of the sum certain amount of money

 

damage ($15,000, after prove-up hearing), other compensatory damages, and punitive

 

damages (given the intentional/illegal nature of the cause, an amount within the “substantive

 

guideline” for punitive damages-less than “one times” compensatory damages) for a total of

 

$35,000. Plaintiff at all times and remains primarily concerned with the sum certain amount

 

of $15,000 as set forth in the Verified Complaint as previously determined at the prove-up

 

hearing before Judge Petersen on 5-8-01 (in what is now case #02E07192) and stipulated to

 

the transfer of the case to one of limited jurisdiction upon order to show cause concerning

 

same after Judge Kaplan sustained the causes of action for fraud and deceit on briefing by

 

plaintiff pursuant to a prior order to show cause by J. Kaplan [CT Response OSC 5-15-04].

 

   De Arenosa’s partner in crime, Ojeda, (both purportedly “lawyers”/prevaricators

 

who should be disbarred) appeared to be attempting to avoid being served with process.

 

(Exhibits included the process manager at Personal Attorney Service having indicated that

 

upon calling Ojeda’s new office, they were refused the address of same by employee(s)

 

thereof; as well as the due diligence averment from the Office of the Sheriff concerning

 

their unsuccessful attempts to effect service of process on defendant Ojeda) [CT Service].

 

  Local rules (viz., LA SUP.CT. Rule 7.10(f)(1) provide for the assignment of related

 

cases to the same judge, viz., Judge Keosian, where as here there is likely to be

 

substantial duplication of labor if heard by different judges and plaintiff moved to

 

transfer/consolidate[CT  Motion]. Indeed, defendant Ojeda had been served in that case and

 

while appearing to be attempting in bad faith to avoid service herein, the same might be

 

facilitated and accomplished by acknowledgement or stipulation therein.

 

    In light of the summary judgment motion (which was re-filed with technical deficiency

 

concerning the format of statement of uncontroverted facts cured), the

 

problem concerning Ojeda’s apparent bad faith evasion of service would have been

 

rendered moot by entry of judgment, and the pendancy of the action in Judge Keosian’s

 

court against ojeda only.

 

    Plaintiff had also filed a motion for Summary Judgment which was carried to

 

December 11, 2003, at which time j. marcus committed clear error in dismissing

 

without prejudice the present case, stating, despite Judge Keosian’s prior and

 

contrary ruling, that this case was substantively the same as and being resolved in case

 

#02E07192. j. marcus’ minute order belies the previously articulated and

 

formerly written misguided and erroneous substance of his tentative and bench

 

ruling inasmuch as there were no causes of action for perjury, but rather the perjurious

 

declaration of defendant dearenosa being the documented fact of  the materially false

 

representation giving rise to the causes of action for fraud and deceit. Indeed, plaintiff

 

was ordered to show cause why the complaint should not be dismissed for failure to

 

state a cause of action (for perjury). Plaintiff fully briefed pursuant to said OSC and

 

appeared before Judge Kaplan illustrating to the court in accordance with Witkin, 

 

the only causes of action for fraud and deceit as clearly set forth in the complaint,

 

which causes of action were properly sustained and for which Judicial Notice is also

 

respectfully requested herein [CT Response/Memorandum/Points/Auth. OSC 5-15-04 ].

 

The ruling of dismissal by j. marcus constituted clear error and should be REVERSED.

 

 

 

B.     Statement of Facts

                                              

   The instant case arises from the subject clear, incontrovertible crime(s) of perjury/fraud

 

committed by defendant, DeArenosa, and also, a fortiori, mandate the criminal referral of

 

same forthwith. While the gravamen of the causes of action set forth in the instant verified

 

complaint is the crime of perjury committed by defendant DeArenosa, the same is subsumed

 

in the civil causes of action sounding in fraud and deceit as set forth in plaintiff’s verified

 

complaint and well recognized in the State of California  as set forth in plaintiff’s

 

memorandum of points and authorities pursuant to prior order to show cause by Judge

 

Kaplan sustained said causes of action before transferring to the court (of limited

 

jurisdiction)below upon stipulation by plaintiff/appellant [CT Response OSC 5-15-04].

 

A money judgment in the amount of $15,000 was entered in plaintiff’s favor on 5-8-01 after

 

a proveup hearing on said date [CT  Plaintiff’s Verified  Complaint with Exhibits]. A

 

declaration under penalty of perjury was submitted by defendant DeArenosa to the state court

 

entering said judgment after prove-up hearing in an attempt to set said money judgment

 

aside[CT  Plaintiff’s Verified  Complaint with Exhibits] Defendant DeArenosa was aware

 

that said declaration was false as indicated in his letter dated 2-21-01 acknowledging receipt

 

of Request to Enter Default/Default Judgment (with declaration)[CT  Plaintiff’s Verified 

 

Complaint with Exhibits]. Said declaration of defendant DeArenosa dated 6-8-01

 

perjuriously and falsely denied having received same [CT Plaintiff’s Verified  Complaint

 

with Exhibits]. Said declaration was intentionally and materially false in light of the

 

diligence requirement of CCP Section 473 under California law, and made with the intention

 

of inducing reliance, was relied upon by the presiding judge Petersen of defendant Superior

 

Court of the State of California on 8-01-01  in setting aside the judgment entered in

 

plaintiff’s favor after prove-up hearing on 5-8-01,, and known by defendant DeArenosa to be

 

false.  Plaintiff was further prejudiced inasmuch as plaintiff dismissed in accordance with

 

court rules as to co-conspirator defendant Robles for an amount approximating plaintiff’s

 

costs incurred in bringing a then pending discovery motion. In the aforesaid matter

 

underlying defendant DeArenosa’s crime of perjury, he had previously been sanctioned by

 

the Court for failing to appear and respond to a prior Order to Show Cause. In the instant

 

case, defendant DeArenosa offered no response to the Order to Show Cause in his “answer”

 

(sic) and upon being queried by the Court as to whether he understood what having his

 

answer striken meant, he, defendant DeArenosa responded affirmatively, “yes”, without

 

either objection or further discussion (despite being accorded the opportunity for same at that

 

time – probably, and I am inferring beyond the scope of the declaration/certification and not

 

a part thereof, thankful for the Court’s mercy in not having him arrested for his crime of

 

perjury). I filed opposition to and opposed at the hearing, DeArenosa’s motion for reconsi-

 

deration of the Court’s Ruling striking his answer and defenses which Judge Kaplan denied.

 

   Defendant DeArenosa should be criminally prosecuted for his crime of perjury

and disbarred.

 

   Plaintiff had also filed a motion for Summary Judgment which was carried to

 

December 11, 2003, at which time j. marcus committed clear error in dismissing

 

without prejudice the present case, stating, despite Judge Keosian’s prior and

 

contrary ruling, that this case was substantively the same as and being resolved in case

 

#02E07192. j. marcus’ minute order belies the previously articulated and

 

formerly written misguided and erroneous substance of his tentative and bench

 

ruling inasmuch as there were no causes of action for perjury, but rather the perjurious

 

 

declaration of defendant dearenosa being the documented fact of  the materially false

 

representation giving rise to the causes of action for fraud and deceit. Indeed, plaintiff

 

was ordered to show cause why the complaint should not be dismissed for failure to

 

state a cause of action (for perjury). Plaintiff fully briefed pursuant to said OSC and

 

appeared before Judge Kaplan elucidating to the court in accordance with Witkin, 

 

the only causes of action for fraud and deceit as clearly set forth in the complaint,

 

which causes of action were properly sustained and for which Judicial Notice is also

 

respectfully requested herein.

 

The ruling of dismissal by j. marcus constituted clear error and should be REVERSED.

 

 

III.             ARGUMENT

 

 

               Point I.  Judicial Notice Of Prior Decision/Ruling of Honorable  

                       Gregory  Keosian  Dated 9-30-03, as well as that of Judge Kaplan on

                       5-15-03 wherein plaintiff’s causes of action for fraud and deceit were   

                       sustained, Along With the Doctrine of Res Judicata (collateral estoppel,

                       by record or otherwise), Preclude J. Marcus’ Clear Error In Dismissing        

                       the present case, based erroneously on the specious proposition, contrary  

                       to law,  that this case was substantively the same as and being resolved in

                       case  #02E07192, and that it was a cause of action for perjury.

 

 

  Plaintiff fully briefed pursuant to said OSC and appeared before Judge Kaplan elucidating

 

to the court in accordance with Witkin, the only causes of action for fraud and deceit as

 

clearly set forth in the complaint,which causes of action were properly sustained and for

 

which Judicial Notice is appropriate as a matter of law. Additionally,  plaintiff had moved

 

in the court of  Judge Keosian for an order to transfer and/or consolidate the instant case

 

before j. marcus , with that case number 02E07192 before Judge Keosian. Said jointly

 

captioned (and filed in both subject courts pursuant to court rules) motion was denied by

 

Judge Keosian on 9-30-04 who ruled that there were no facts or causes of action common

 

to both cases, Judicial Notice of said ruling is also appropriate herein [CT Notice of Related

 

Cases/Motion to Transfer/Consolidate/Ruling].

 

 

CCP §437c(b)  codifies matters judicially noticed.

 

Ev.C. §452(d) provides that a court may take judicial notice of of the records in the pending action , or in any other action pending in the same court or any other court of record in the u.s..

 

[Though factually distinguishable from the instant case, see generally,  ie., Bistawros v. Greenberg, 189 CA3rd 189, 192, 234 CR 377,378(1987)].

 

   As such, it is clear that the ruling of dismissal by j. marcus being contrary to the

aforesaid record, rulings, orders constituted clear error and should be REVERSED.

 

 

 

               Point II.  The Answer and Defenses Of Defendant DeArenosa Were 

                           Stricken And Summary Judgment As Filed and Requested By

                           Plaintiff  Should Have Been Entered As A Matter Of Law.

 

   The following Memorandum was filed pursuant to the OSC by Judge Kaplan who

 

thereupon sustained the causes of action for fraud and deceit as set forth in plaintiff’s

 

verified complaint and which is apposite in pertinent part herein (plaintiff’s summary

 

judgment motion was denied owing to technical deficiency in failing to use the two 

 

column format in the statement of uncontroverted facts which defect was cured and refiled

 

after transfer to court of limited jurisdiction, j. marcus’ court):

 

 

 

                  ____________________________________________________

                        

   MEMORANDUM OF LAW IN RESPONSE                     Hearing Date: 5-15-03

   TO ORDER TO SHOW CAUSE;                                                     Time: 9:00 A.M.

   POINTS AND AUTHORITIES.                                              Courtroom: “NWB”  

                      

 

                               FACTS

 

    The instant case arises, from the subject clear, incontrovertible crime(s) of

 

perjury/fraud by defendant,DeArenosa, and also, a fortiori, mandate the criminal

 

referral of same forthwith. Plaintiff’s Separate Supplemental Statement of

 

Uncontroverted Facts is appended hereto and incorporated herein by reference thereto.

 

While the gravamen of the causes of action set forth in the instant complaint is the crime

 

of perjury committed by defendant DeArenosa, the same is subsumed in the civil

 

causes of action of fraud and deceit set forth in plaintiff’s verified complaint and well

 

recognized in the state of California as set forth infra.

 

                                                            THE LAW

 Introduction

 

   A motion for summary judgment provides a procedure for terminating without trial

 

actions in which “there is no genuine issue of material fact and … the moving party is

 

entitled to judgment as a matter of law.” Celotex_Corp. v. Catrett, 477 U.S. 317, 325,

 

106 S.Ct. 2548, 2554(1986). Moreover, a motion for summary judgment “pierces” the

 

pleadings and puts the opponent to the test of affirmatively coming forward with

 

sufficient evidence for its claims or defenses to create a genuine issue for trial.

 

Celotex_Corp. v. Catrett,477 U.S. 317, 325, 106 S.Ct. 2548, 2554(1986). The

 

nonmovant must produce “significantly probative” evidence to defeat the summary

 

judgment motion. It is not enough for the nonmovant to rely on mere allega-

 

tions or denials of the movant’s pleading, United States v. Shumway, 199 F3rd 1093,

 

1104(9th Cir.1999), or to present unsworn documents or papers containing nothing more

 

that the nonmovant’s speculations. Slowiak v. Land O’Lakes, Inc., 987 F.2nd 1293,1295-

 

1297(7th Cir.1993)(ie., unexplained contradictory affidavits, etc.).

 

   In the case sub judice, defendant DeArenosa’s Answer has properly been stricken (having

 

been accorded an opportunity to respond and failing to do so) leaving barren and without

 

defense, the blatent fraud and deceit perpetrated herein. Indeed, it is respectfully submitted

 

that as such, in light of the Summary Judgment Motion by Plaintiff concurrently

 

pending herein, the issue discussed hereinafter is rendered moot, and Judgment should enter

 

in plaintiff’s favor as a matter of law.

 

 Policy Considerations

 

  Sanctions (including criminal prosecution, in addition to judgment) are appropriate as to

 

defendant DeArenosa owing to his prior inconsistent, perjurious declaration. See

 

generally, Acrotube, Inc. v. J.K. Fin’l Group, Inc., 653 F.Supp. 470(ND GA 1987); Van T.

 

Junkins & Assoc. v. United States Indus., Inc., 736 F2d 656 (11th Cir.1984). Moreover,

 

policy considerations (against perjury in the legal process) mandate the entry of summary

 

judgment herein, particularly where busy courts and movants are (through said bad faith

 

denials predicated on perjury) drawn into the lengthy process of litigation thereby.

 

Actual deception is not necessary to prove willful deception of a court and it is sufficient that

 

the offending attorney knowingly presents a false statement which tends to mislead the court,

 

see, i.e., Davis v. State Bar, 33 Cal. 3d 231 (1983). Indeed, as in the instant case,

 

the representation to a court of facts known to be false is presumed intentional and is a

 

violation of the attorney’s duties as an officer of the court, Jackson v. State Bar, 23

 

Cal.3d 509 (1979); warranting discipline, see Bus. & Prof. Code, § 6068, subd.(d); Di

 

Sabatino v. State Bar, 27 Cal.3d 159 (1980); and constituting moral turpitude, Bach v. State

 

Bar, 43 Cal.3d 848 (1987); even warranting disbarment for forgery and perjury, even in the

 

 

absence of injury, Hizar v. State Bar, 20 C2d 223 (1942), although plaintiff has in-

 

deed been injured by defendant DeArenosa’s fraud/deceit/perjury.

 

  Moreover, to “reward” a purported officer of the court for his fraud and deceit (and

 

perjury) herein, would undermine the very foundation of legal proceedings as the

 

instant case encouraging “non-lawyer” participants, parties, witnesses, to similarly lie,

 

perjure themselves, and deceive and defraud with similar expected impunity. As

 

such, consistent with and as appropriately requested in the Summary Judgment Motion of

 

Plaintiff for the sum certain amount of $15,000 concurrent herewith, Judgment should

 

enter in plaintiff’s favor as a matter of law.

 

 

 

 Plaintiff’s Verified Complaint Has Averred Causes of Action Sounding in Fraud and Deceit and Judgment for the Sum Certain Amount Requested by Plaintiff Should be Entered as a Matter of Law.

 

  It is axiomatic and a well settled rule of law that,

 

 ‘To recover on a claim for misrepresentation it is not always necessary to prove that the misrepresentation was made directly to the person who claims to have been injured as long as injured party is able to prove that damages resulted from the deceit.’ 37 Am Jur 2nd § 293.

 

  Witkin, California Pleading §668 at 123 states,

 

‘The elements of the tort cause of action for damages for deceit have been listed in various ways, the differences being accounted for usually by the manner in which certain closely connected items are combined in a single phrase. Apart from these differences, the authorities are in agreement as to the following essential allegations:

(1)representation; (2)falsity; (3)knowledge of falsity; (4)intent to deceive; (5)reliance and resulting damage…’[Citations Omitted].

 

  In the present case, the foregoing requisite elements for the causes of action for (fraud and) deceit are clearly set forth in

 

(1)   Plaintiff’s Verified Complaint, COUNTS  ONE (fraud) and THREE (deceit),

 

 

respectively;

 

(2)   Plaintiff’s Motion for Summary Judgment including Plaintiff’s Declaration in

 

Support thereof and Exhibits thereto as well as the Separate Statement of Uncontroverted

 

Facts; and,

 

(3)   Plaintiff’s Response to the Order to Show Cause including the within Memorandum

 

of Points and Authorities, Plaintiff’s Declaration in Support thereof, and Plaintiff’s

 

Supplemental Separate Statement of Uncontroverted facts, all of which are incorporated

 

herein by reference thereto.

 

  As such, it is respectfully submitted that judgment in the sum certain amount of $15,000 

 

should enter in plaintiff’s favor as a matter of law.

           _______________________________________________________________

 

 

 

 

               Point III.  A Criminal Referral Of Defendant DeArenosa’ s Documented

                           Crime of Perjury Should Have Issued From The Court  Below and  

                           Now The Present Court Forthwith.

 

 

   Sanctions (including criminal prosecution, in addition to judgment) are appropriate as to

 

defendant DeArenosa owing to his prior inconsistent, perjurious declaration. See

 

generally, Acrotube, Inc. v. J.K. Fin’l Group, Inc., 653 F.Supp. 470(ND GA 1987); Van T.

 

Junkins & Assoc. v. United States Indus., Inc., 736 F2d 656 (11th Cir.1984). Moreover,

 

policy considerations (against perjury in the legal process) mandate the entry of summary

 

judgment herein, particularly where busy courts and movants are (through said bad faith

 

denials predicated on perjury) drawn into the lengthy process of litigation thereby.

 

Actual deception is not necessary to prove willful deception of a court and it is sufficient

 

 

that the offending attorney knowingly presents a false statement which tends to mislead the

 

court, see, i.e., Davis v. State Bar, 33 Cal. 3d 231 (1983). Indeed, as in the instant case,

 

the representation to a court of facts known to be false is presumed intentional and is a

 

violation of the attorney’s duties as an officer of the court, Jackson v. State Bar, 23

 

Cal.3d 509 (1979); warranting discipline, see Bus. & Prof. Code, § 6068, subd.(d); Di

 

Sabatino v. State Bar, 27 Cal.3d 159 (1980); and constituting moral turpitude, Bach v. State

 

Bar, 43 Cal.3d 848 (1987); even warranting disbarment for forgery and perjury, even in the

 

absence of injury, Hizar v. State Bar, 20 C2d 223 (1942), although plaintiff has indeed been

 

injured by defendant DeArenosa’s fraud/deceit/perjury.

 

  Moreover, to “reward” a purported officer of the court for his fraud and deceit (and perjury)

 

herein, would undermine the very foundation of legal proceedings as the instant case

 

encouraging “non-lawyer” participants, parties, witnesses, to similarly lie, perjure

 

themselves, and deceive and defraud with similar expected impunity. As such,

 

 Defendant DeArenosa should be criminally prosecuted for his crime of perjury in Violation of Title 7, §§ 118,118a,126 and disbarred and the Dismissal Without Prejudice by the court below, constituting clear error, SHOULD BE REVERSED, as a matter of law.

 

 

 

IV.              CONCLUSION

 

   It is clear from the foregoing that plaintiff brought this action for damages in the amount

 

of $35,000,(inclusive of the sum-certain amount of $15,000). Moreover, as set forth

 

hereinabove, defendant DeArenosa committed fraud and deceit by filing with the Superior

 

Court of California, County of Los Angeles, a perjurious declaration that was intentionally

 

and materially false in light of the diligence requirement of CCP Section 473 under

 

 

California law, and made with the intention of inducing reliance, was relied upon by the

 

presiding judge Petersen of defendant Superior Court of the State of California on 8-01-01

 

in setting aside the judgment entered in plaintiff’s favor after the prove-up hearing on

 

5-8-01 and after dismissal by plaintiff of the remaining co-defendant (prejudice to

 

plaintiff and foreseeably and purposefully damaging plaintiff), and known by defendant

 

DeArenosa to be false. As such, plaintiff has been damaged as a direct consequence

 

of said fraud and deceit and, in light of Judge Keosian’s  9-30-04  ruling that there

 

were no facts or causes of action common to both cases, Judicial Notice of said ruling being

 

respectfully requested herein. j. marcus’ minute order belies the previously articulated and

 

formerly written misguided and erroneous substance of his tentative and bench

 

ruling inasmuch as there were no causes of action for perjury, but rather the perjurious

 

declaration of defendant DeArenosa being the documented fact of  the materially false

 

representation giving rise to the causes of action for fraud and deceit. Indeed, plaintiff

 

was ordered to show cause why the complaint should not be dismissed for failure to

 

state a cause of action (for perjury). Plaintiff fully briefed pursuant to said OSC and

 

appeared before Judge Kaplan illustrating to the court in accordance with Witkin, 

 

the only causes of action for fraud and deceit as clearly set forth in the complaint,

 

which causes of action were properly sustained and for which Judicial Notice is also

 

respectfully requested herein. Plaintiff had also filed a motion for Summary Judgment

 

which was carried to December 11, 2003, at which time j. marcus committed clear error

 

in dismissing without prejudice the present case .

 

 

 

Such ruling constituted clear error and should be REVERSED.

 

 

 

 

 

  A Criminal Referral Of Defendant DeArenosa’ s Documented  Crime of Perjury

Should Have Issued From The Court  Below and  Now The Present Court Forthwith.

 

                                  

 

                      Respectfully Submitted,

 

 

 

                                                 ________________________________

                                                              Albert L. Peia, Pro Se

 

 

Dated: December 7, 2004

 

 

 

 

 

 

 

 

 

 

 V.                                    REQUEST FOR JUDICIAL NOTICE

 

 

   Judicial Notice of Judge Keosian’s 9-30-04 ruling that there were no facts or causes of

 

action common to both cases is respectfully requested herein, along with all rulings, orders

 

to show cause and plaintiff’s responses thereto, including that of 5-15-03 before Judge

 

Kaplan wherein plaintiff’s causes of action for fraud and deceit were sustained.

 

 

 

 

                              ________________________________

                                               Albert L. Peia, Pro Se

 

 

Dated: December 7, 2004