Friday, September 29, 2006

my first pleading. look what I did!

I had like 4 hours to find out what this objection was and do one. I think I did a good job!:

COMES NOW Plaintiff and submits this Objection to Defendant’s Requests for Judicial Notice, filed in support of Defendant’s Motion to Strike Portions of first Amended Complaint. Plaintiffs object to Defendant’s Request for Judicial Notice on several evidentiary grounds.
Defendant seeks judicial notice to clarify unambiguous language in the code. Judicial notice is not allowed where the plain language of the statute is clear on its face. People v. Brock (2006) 141 Cal.App.4th 1320, 1327. “If the language of the statute is not ambiguous, the plain meaning controls and resort to extrinsic sources to determine the Legislature's intent is unnecessary.” Id. The language of Cal. Lab. Code §226.7 regarding compensation for missed meal periods is clear and, as such, any judicial notice of legislative history is improper.
Assuming, arguendo, that judicial notice is appropriate in this matter, Defendant’s Exhibits 7,9,10, and 11to its Request For Judicial Notice are irrelevant to legislative intent. It would follow that materials relevant to the intent of the legislature while drafting legislation in the year 2000, were produced by that legislature prior to that time. However, Exhibits 7,9,10, and 11 either offer no date or were generated subsequent to the 2000 amendments to § 226.7. Moreover, courts have consistently denied judicial notice of press releases where they do not reflect a reliable indication that the Legislature was aware and agreed with the objective defined in the press release. See People v. Garcia (2002) 28 Cal.4th 1166, 1176.
Additionally, as explained in Plaintiffs Opposition To Motion to Strike Portions of First Amended Complaint, Defendant relies upon unpublished authority, and asks this Court to take improper judicial notice of same in Exhibits 9 and 11, in direct violation in Cal. Rules of Court, Rule 977.
Finally, Defendant seeks judicial notice of documents generated and gathered by the Legislative Intent Service. However where Legislative Intent Service produces documents which are irrelevant or inappropriate, judicial notice must be denied. See Kobzoff v. Los Angeles County Harbor/UCLA Medical Center (1998) 19 Cal.4th 851; Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26. Dated: September 29, 2006

Thursday, September 14, 2006

Weddings

Weddings are horribly time consuming events. They involve planning, planning and more planning. Here are some pictures from a wedding I recently was a part of.

It was a beautiful ceremony with greata food! I had a filet with potato. I also had the fanciest salad ever. I think it was some type of caesar b/c of the ample amounts of parm. At one of the pre wedding nail salon events we also saw Debbi Mazar of Entourage!




Friday, September 08, 2006

Thailand



What an awesome picture of Thailand! I totally wish I was there right now. I guess everyone wonders where I have gone. Readership of 5 I have been working. I sift through documents. I call people on the phone and listen to their sad stories. I cite check like a madwoman! So far my coworkers are all great. Attorneys are friendly (such an oxymoron) and the administrative/paralegal staff are really nice! Some of us are from the same geographical area so we talk about our local Target etc. :)