XXX
XXX
XXX
SUPERIOR COURT OF THE STATE OF XXX
COUNTY OF XXX
THE PEOPLE OF STATE OF
XXX
Plaintiff,
v.
XXX,
Defendant.
Case No.: XXX
NOTICE OF MOTION AND MOTION TO
TAKE MANDATORY JUDICIAL NOTICE
Judge :XXX
Department: XXX
Time/Date: XXX
NOTICE OF MOTION FOR STATEMENT OF PARTICULARS
TO THE SUPERIOR COURT, TO THE PEOPLE OF THE STATE OF XXX
AND TO THEIR ATTORNEYS OF RECORD AND TO HON. XXX
NOTICE IS HEREBY GIVEN that Defendant XXX, at the venue indicated or
at such other venue as the court shall prescribe, will move this Court for an Order to take judicial
notice of the facts stated herein, pursuant to Evidence Code Sections 452 and 453.
The motion will be based on this Notice of Motion, the Motion itself and the averments
therein, on any records and files already filed in this case, and on such evidence as may be
presented at the hearing of the motion.
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NOTICE OF MOTION AND MOTION TO TAKE MANDATORY JUDICIAL NOTICE
Dated: 07 July XXX
Respectfully submitted,
______________________________
XXX
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NOTICE OF MOTION AND MOTION TO TAKE MANDATORY JUDICIAL NOTICE
MOTION TO TAKE MANDATORY JUDICIAL NOTICE
COMES NOW, Defendant XXX, pro se, and files this Motion to Take
Mandatory Judicial Notice, pursuant to Evidence Code Sections 452 and 453. In support of this
Motion, Defendant states as follows:
BACKGROUND
Plaintiff filed the instant case against Defendant on or about May 3, XXX. In the said
Complaint, the Plaintiff averred inter alia, that Defendant, in violation of Section 12951 (b) of
the Vehicle Code (Failure to Present License to Peace Officer), allegedly failed to present his
license for examination upon demand by a peace officer enforcing the provisions of the Vehicle
Code.
Defendant hereby files this Motion to Take Mandatory Judicial Notice of pertinent facts
relevant to the instant case.
LEGAL ARGUMEMENTS
According to Cal. Evid. Code § 452, the Court may take judicial notice of:
(a) The decisional, constitutional, and statutory law of any state of the
United States and the resolutions and private acts of the Congress of the
United States and of the Legislature of this state;
(b) Regulations and legislative enactments issued by or under the authority
of the United States or any public entity in the United States;
(c) Official acts of the legislative, executive, and judicial departments of the
United States and of any state of the United States;
(d) Records of (1) any court of this state or (2) any court of record of the
United States or of any state of the United States;
(e) Rules of court of (1) any court of this state or (2) any court of record of
the United States or of any state of the United States;
…
(g) Facts and propositions that are of such common knowledge within the
territorial jurisdiction of the court that they cannot reasonably be the subject
of dispute.
(h) Facts and propositions that are not reasonably subject to dispute and are
capable of immediate and accurate determination by resort to sources of
reasonably indisputable accuracy.
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NOTICE OF MOTION AND MOTION TO TAKE MANDATORY JUDICIAL NOTICE
Further, Cal. Evid. Code § 452 proceeds to provide that the Court shall take judicial
notice of any matter specidied in Cal. Evid. Code § 452, if a party makes such a request. In that
regard, the Defendant hereby makes a request that the Court takes mandatory judicial notice of
the following:
1. Take Judicial Notice that all officers of the court are hereby lawfully placed on
notice under authority of the supremacy and equal protection clauses of the United States
Constitution, incorporated into this instant matter, and the common law authorities of Haines v
Kerner, 404 U.S. 519-421 (1972), Platsky v. C.I.A. 953 F.2d. 25, and Anastasoff v. United
States, 223 F.3d 898 (8th Cir. 2000), Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F. Supp. 647, and
In re Haines, 98 N.J. Eq. 628, which provide that pro se litigants are held to less stringent
pleading standards than bar licensed attorneys. It follows; regardless of the deficiencies in their
pleadings, pro se litigants are entitled to the opportunity to submit evidence in support.
2. Take Judicial Notice of the Constitution and the Bill of Rights in the Supreme
Law of the Land. Further, take judicial notice that Defendant has a secured right to a trial by jury
in all matters. The Bill of Rights in Article 6 states in that regard that:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the State and district wherein the crime shall
have been committed, which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory process for
obtaining witnesses in his favor, and to have the Assistance of Counsel for his
defence.
Article 7 states proceeds to state:
In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a jury
shall be otherwise reexamined in any Court of the United States, than according to
the rules of the common law.
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NOTICE OF MOTION AND MOTION TO TAKE MANDATORY JUDICIAL NOTICE
3. Take Judicial Notice that the XXX Constitution Article VI Supremacy
Clause provides that every State Judge is bound to uphold the Laws of the Constitution and State
Laws, but not State Laws that are clearly not in agreement with the Constitution, including
statutes that deny Trial by Jury, which is clearly an unconstitutional Law. The said Article
provides in pertinent part thus:
This Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land; and the
Judges every State shall be bound thereby, any Thing in the Constitution or Laws
of any State to the Contrary notwithstanding.
See State v. Board of Control, 93 So. 2d 354, 367 (Fla. 1957) (“Mr. Justice Sebring
pointed out the course in his dissenting opinion in State ex rel. Hawkins v. Board of Control, Fla.
1955, 83 So.2d 20, 31. Further, this Court should take judicial notice that the Constitution of the
United States of America, Article VI, provides that "[t]his Constitution shall be the supreme Law
of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution
or Laws of any State to the Contrary notwithstanding.’"
4. Take Judicial Notice that the filing of Complaints in Criminal Cases must be
compliant with CA Penal Code § 740 (2018) and CA Penal Code § 959.1 (2018). CA Penal Code
§ 740 (2018) provides in pertinent part that “[e]xcept as otherwise provided by law, all
misdemeanors and infractions must be prosecuted by written complaint under oath subscribed by
the complainant. Such complaint may be verified on information and belief.” On the other hand,
CA Penal Code § 959.1 (2018) provides, by necessary implication, that the Court should
conclude service of process of the filed Complaint.
5. Take Judicial Notice that Defendant is a natural woman, living in the State of
California, and that Defendant is not exercising her right to travel freely within this state to
engage in commercial activity as her travel is not commercial.
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NOTICE OF MOTION AND MOTION TO TAKE MANDATORY JUDICIAL NOTICE
6. Take Judicial Notice that Defendant does not waive the requirement of a filed
sworn subscribed by the complainant to establish court’s jurisdiction.
7. Take Judicial Notice that the Plaintiff’s complaint is not a written complaint under
oath subscribed by the complainant.
8. Take Judicial Notice of CA Penal Code § 853.6 (2018), which provides in
pertinent part that:
(a) In any case in which a person is arrested for an offense declared to be a
misdemeanor, including a violation of any city or county ordinance, and does not
demand to be taken before a magistrate, that person shall, instead of being taken
before a magistrate, be released according to the procedures set forth by this
chapter. If the person is released, the officer or his or her superior shall prepare in
duplicate a written notice to appear in court, containing the name and address of
the person, the offense charged, and the time when, and place where, the person
shall appear in court. If, pursuant to subdivision (i), the person is not released
prior to being booked and the officer in charge of the booking or his or her
superior determines that the person should be released, the officer or his or her
superior shall prepare a written notice to appear in a court.
…
(b) Unless waived by the person, the time specified in the notice to appear shall be at
least 10 days after arrest if the duplicate notice is to be filed by the officer with the
magistrate.
9. Take Judicial Notice that on or about July 1, 2022, Defendant Eun jung Lim was
without counsel and Judge Brett London in arraignment made a judicial error. Judge Brett
London made a plea of not guilty on Defendant’s behalf without lawyer present; Alsom Judge
London failed to file and service the motion for statement of particulars; Defendant advised
London the signatures were missing from the filed documents and Defendant has the actual
documents she had filed; London said he would accept the filings the way it was (without the
signatures); London put a public defender on the case; and that Defendant was not given an
opportunity to find her own counsel or continue pro per.
10. Take Judicial Notice that pursuant to CA Penal Code §§ 976-992 (2018), at the
arraignment on the information or indictment, unless otherwise ordered for good cause, and on a
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NOTICE OF MOTION AND MOTION TO TAKE MANDATORY JUDICIAL NOTICE
plea of not guilty, including a plea of not guilty by reason of insanity; the court must set dates
for: Trial, giving priority to a case entitled to it under law; and Filing and service of motions and
responses and hearing thereon; and a plea of not guilty must be entered if a defendant
represented by counsel fails to plead or demur.
11. Take Judicial Notice of the fact that under the US constitution and California state
constitution, states Defendants have a right to self-represent.
CONCLUSION
WHEREFORE, Defendant XXX respectfully requests that the Court grants this
Motion to take Mandatory Judicial Notice as requested for herein.
Dated: 21 st June XXX
Respectfully submitted,
______________________________
XXX
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NOTICE OF MOTION AND MOTION TO TAKE MANDATORY JUDICIAL NOTICE
CERTIFICATE OF SERVICE
I hereby certify that on 21 th June XXX, copies of the foregoing document have been
served upon the prosecutor in this case by personal delivery to his or her office at the following
address:
Harbor Justice Center – XXX
District Attorney
Suite
XXX
XXXX
XXX
District Attorney
Suite 102
XXX
XXX
DATED: 21 st June XXX
Respectfully submitted,
XXX
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