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Complaint Information

CLIFFORD & BROWN 21T = —

1430 Truxtun Avenue, Suite 900 SR o {7y Bakersfield, CA 93301 U " Telephone: (661) 322-6023 | e (1] Facsimile: (661) 322-3508 - = - <

T | e Attorneys for Defendants BERNE H. EVANS, III, - . i :,_J {:j SUN PACIFIC SHIPPERS, LP, SUN PACIFIC MARKETING L ;jj ” COOPERATIVE, INC., AND EVANS AG GP, INC. 0

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO — CENTRAL DIVISION

FOWLER PACKING COMPANY, INC., | Case No. 13 CECG 01301 a California Corporation,

SUPPLEMENTAL REQUEST FOR

Plaintiff, JUDICIAL NOTICE IN SUPPORT OF THE

- REPLY TO PLAINTIFF’S OPPOSITION TO V- MOTION FOR JUDGMENT ON THE PLEADINGS AS TO THE SEVENTH CAUSE EILE] DEPUTY OF ACTION IN PLAINTIFF’S FOURTH

BERNE H. EVANS, I11, et al. AMENDED COMPLAINT

Defendants. Hearing Date: February 2, 2016 Time: 3:30 p.m. Dept.: 501 Judge: Hon. Alan Simpson

AND RELATED CROSS-ACTION Date Action Filed: April 26, 2013

Trial Date: February 16, 2016

Trial Date: February 16, 2016 Defendants, Berne H. Evans, III, Sun Pacific Shippers, L.P., Sun Pacific Marketing Cooperative, Inc., and Evans Ag Gp, Inc., (collectively referred to herein as the “SP Defendants™) through their attorney of record, requests that the Court take judicial notice pursuant to Evidence Code sections 452 and 453, and California Rule of Court 3.1306(c) of the following in support of the SP Defendants’ Motion for Judgment on the Pleadings as to Fowler’s Fourth Amended Complaint, filed concurrently herewith:

Defendants, Berne H. Evans, III, Sun Pacific Shippers, L.P., Sun Pacific Marketing Cooperative, Inc., and Evans Ag Gp, Inc., (collectively referred to herein as the “SP Defendants™) through their attorney of record, requests that the Court take judicial notice pursuant to Evidence Code sections 452 and 453, and California Rule of Court 3.1306(c) of the following in support of the SP Defendants’ Motion for Judgment on the Pleadings as to Fowler’s Fourth Amended Complaint, filed concurrently herewith:

1. Supplemental Declaration of Oliver W. Wanger in Support of Motion For Leave To File Fourth Amended Complaint Pursuant to Code Of Civil Procedure §473, May 28, 2014, a true and correct copy of which is attached hereto as Exhibit “9”;

2. Notice of Entry of Judgment, a true and correct copy of which is attached hereto as Exhibit “10”. |

The above-mentioned documents are attached to this Request with the above corresponding exhibit numbers.

JUDICIAL NOTICE OF THE ABOVE DOCUMENTS IS PROPER

When ruling on a motion for judgment ofi the pleadings, the trial court may consider not only the complaint itself, but also, any matter of which the court is required to or may take judicial notice. (Cal Civ. Code Proc. § 438(d).)

Pursuant to Evidence Code section 452, subdivision (d), the Court has authority to take judicial notice of records of any court of this state, including its own files. (See Bistawros v. Greenberg (1987) 198 Cal.App.3d 189, 192.) Here, Exhibit “9” consists of court documents filed by Fowler in this action. Exhibit “10” consists of the Notice of Entry of Judgment entered in favor of Maricopa Packers, LP., and served on all parties following the Court’s ruling on the SP Defendants’ demurrer.

Pursuant to Evidencé Code section 452, subdivision (h), the Court may take judicial nbtice of facts that are not reasonably in dispute and are capable of immediate and accurate

determination by resort to sources of reasonably indisputable accuracy. (Evid. Code § 452(h);

determination by resort to sources of reasonably indisputable accuracy. (Evid. Code § 452(h); Estate of Rudolf (180) 112 Cal.App.3d 81, 84.) Judicial notice under this section is intended to cover facts which are not reasonably subject to dispute and are easily verified.

Estate of Rudolf (180) 112 Cal.App.3d 81, 84.) Judicial notice under this section is intended to cover facts which are not reasonably subject to dispute and are easily verified.

The items requested to be judicially noticed are relevant to the Motion for Judgment on the Pleadings as the Declaration of Oliver Wanger concedes that the factual basis for the first and seventh causes of action are substantially similar. Also, the notice of entry of judgment indicates that the judgment dismissing Méricopa Packeré was served on all parties. As is more fully laid out in the SP Defendants’ Memorandum in Support of Motion for Judgment on the Pleadings, these documents are necessary for the arguments contained therein.

Based upon the foregoing, the SP Defendants respectfully request that this Court take

judicial notice of the above-listed documents.

Date: January Z¢, 2016 FRAME, MATSUMOTO & COELHO LLP

By: Gary J. Coelho 11, Attomeys for Defendants, BERNE H. EVANS, III, SUN PACIFIC MARKETING COOPERATIVE, INC.,, SUN PACIFIC SHIPPERS, LP, and EVANS AG GP, INC.

By: Gary J. Coelho 11, Attomeys for Defendants, BERNE H. EVANS, III, SUN PACIFIC MARKETING COOPERATIVE, INC.,, SUN PACIFIC SHIPPERS, LP, and EVANS AG GP, INC. TN — e

TN — e

~ / - PROOF OF SERVICE

My business address is 265 East River Park Ciicle, Suite 310, Post Office Box 28340, Fresno, California 93729. I am employed in Fresno County, Cahforma. I am over the age of 18 years and am not a party to this case.

On the date indicated below, I served the foregoing document(s) described as SUPPLEMENTAL DECLARATION OF OLIVER W, WANGER IN SUPPORT OF MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT, PURSUANT TO CODE OF CIVIL PROCEDURE § 473 on all interested parties in this action by placmg a true copy thereof enclosed in sealed envelopes addressed as follows:

SEE ATTACHED SERVICE LIST

(BY MAIL) I am readily familiar with the business practice for collection and

processing of correspondence for mailing, and that correspondence, with postage

thereon fully prepaid, will be deposited with the United States Postal Service on . the date noted below in the ordinary course of business, at Fresno, California.

(BY PERSONAL SERVICE) I caused dehvery of such envelope(s), by hand, to the office(s) of the addressee(s).

X (BY OVERNIGHT COURIER) I cefised the above-referenced envelope(s) to be delivered to an overnight courier service for delivery to the addressee(s).

EXECUTED ON May 28, 2014, at Fresno, California.

X (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. |

(FEDERAL) I declare that I am- employed in this office of a member of the bar of th1$ court at whose direction this service was made. ~

7 Deborah Pell

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SERVICE LIST

Andrew S. Clare, Esq.

LOEB & LOEB, LLP

10100 Santa Monica Blvd., Suite 2200

Los Angeles, CA 90067

Attorneys for Defendant and Cross-Complainant Paramount C1trus LLC

Daniel A. Beck, Esq. Adam P. Zaffos, Esq.

ROLL LAW GROUP PC

11444 West Olympic Blvd. Los Angeles, CA 90064-1557 Attorneys for Defendant and Cross-Complainant Paramount Citrus, LLC

Stephen Clifford, Esq.

CLIFFORD & BROWN

1430 Truxtun Avenue, Suite 900

Bakersfield, CA 93301

Attorneys for Berne H. Evans, ITI, Sun Pacific Shippers, LP, Sun Pacific Marketlng Cooperative, Inc. and Evans Ag GP Inc.

Roger Schrimp, Esq.

DAMRELL, NELSON, SCHRIMP, PALLIOS, PACHER & SILVA

1601 I Street, Fifth Floor

Modesto, CA 95354

Attorneys for Berne H. Evans, III, Sun Pacific Shippers, LP, Sun Pacific Marketing Cooperative, Inc. and Evans Ag GP Inc.

Ted R. Frame, Esq.

FRAME MATSUMOTO & COELHO

3265 W. Figarden Dr., Ste. 201

Fresno, CA 93711

Attorneys for Berne H. Evans, III, Sun Pacific Shippers, LP Sun Pac1fic Marketmg Cooperative, Inc. and Evans Ag GP Inc.

William H. Parish

WILLIAM PARISH, PLC

1919 Grand Canal Boulevard Suite A-5 Stockton, CA 95207

Attomeys for Maricopa Packers, L.P.

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