County Defs Request for Judicial Notice 1 17-cv-00252-WHO 

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BRUCE D. GOLDSTEIN #135970 

County Counsel 

JOSHUA A. MYERS #250988 

Deputy County Counsel 

County of Sonoma 

575 Administration Drive, Room 105A 

Santa Rosa, California 95403 

Telephone: (707) 565-2421 

Facsimile: (707) 565-2624 

E-mail: joshua.myers@sonoma-county.org

Attorneys for Defendants 

SONOMA COUNTY DEPARTMENT OF 

CHILD SUPPORT SERVICES; KIRK GORMAN; 

and KATHY SIMON 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

MARK ANDREWS, 

Plaintiff, 

vs. 

CALIFORNIA DEPARTMENT OF 

CONSUMER AFFAIRS, et al. 

Defendants. 

/

Case No. 17-cv-00252-WHO 

DEFENDANT SONOMA COUNTY 

DEPARTMENT OF CHILD SUPPORT 

SERVICES, KIRK GORMAN and 

KATHY SIMON’S REQUEST FOR 

JUDICIAL NOTICE IN SUPPORT OF 

THEIR MOTION TO DISMISS FIRST 

AMENDED COMPLAINT; 

DECLARATION OF JOSHUA A. 

MYERS 

Date: July 19, 2017 

Time: 2:00 p.m. 

Courtroom: 2, 17th Floor 

Judge: Hon. William H. Orrick

Defendants SONOMA COUNTY DEPARTMENT OF CHILD SUPPORT 

SERVICES, KIRK GORMAN, and KATHY SIMON (collectively “County Defendants”) 

request this Court take judicial notice of the facts contained in the documents identified 

below pursuant to Federal Rule of Evidence 201, as such facts are not subject to 

reasonable dispute herein, and are capable of accurate and ready determination by resort 

to sources whose accuracy cannot reasonably be questioned. This request for judicial 
County Defs Request for Judicial Notice 2 17-cv-00252-WHO 

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notice is made in connection with County Defendants’ Motion to Dismiss Plaintiff’s First 

Amended Complaint, filed concurrently herewith. 

When considering a motion to dismiss brought under Rule 12(b)(6), a court may 

take judicial notice of facts outside the pleadings, including records and reports of 

administrative bodies, and other matters of public record. (See Mack v. South Bay Beer 

Distribs., 798 F.2d 1279, 1282 (9th Cir. 1986), abrogated on other grounds by Astoria 

Fed. Sav. and Loan Ass’n v. Solimino, 501 U.S. 104 (1991).) In addition, a court may 

consider records filed in other federal cases as well as state court cases. (See United 

States ex rel. Robinson Rancheria Citizens Council v. Borneo, Inc., 971 F.2d 244, 248 

(9th Cir. 1992); Busch v. Torres, 905 F.Supp. 766, 769, fn. 1 and 2 (C.D. Cal. 1995).) 

Further, a court may take judicial notice of documents that are referenced in a complaint 

and made part of its claims: 

Although generally the scope of review on a motion to 

dismiss for failure to state a claim is limited to the Complaint, 

a court may consider evidence on which the complaint 

necessarily relies if: (1) the complaint refers to the document; 

(2) the document is central to the plaintiff’s claim; and (3) no 

party questions the authenticity of the copy attached to the 

12(b)(6) motion. [citation omitted] The Court may treat such 

a document as part of the complaint, and thus may assume 

that its contents are true for purposes of a motion to dismiss 

under Rule 12(b)(6). [citation omitted]. 

(Daniels-Hall v. Natl’s Educ. Ass’n, 629 F.3d 992, 998 (9th Cir. 2010) (internal quotation 

marks omitted).) 

The facts and documents for which judicial notice are sought in this application 

are Exhibit 1: a true and correct copy of a public document, the certified docket from 

Andrews v. Andrews, Case No. SFL-15804, in the Superior Court of California, in and for 

the County of Sonoma. 

Andrews v. Andrews is the family law dissolution and child support enforcement 

matter which Plaintiff references throughout his First Amended Complaint. His First 

Amended Complaint, however, does not mention that the matter is still active. 
County Defs Request for Judicial Notice 3 17-cv-00252-WHO 

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The further facts and documents for which judicial notice are sought in this 

application are Exhibit 2: a true and correct copy of a public documents – copies of 

documents from the matter Andrews v. Andrews regarding Plaintiff’s guilty plea to 

contempt charges and his waiver of constitutional rights in doing so. 

WHEREFORE, County Defendants respectfully request judicial notice of these 

documents, and the information contained therein, for consideration in connection with 

their Motion to Dismiss Plaintiff’s First Amended Complaint, set for hearing on July 19, 

2017, and for such other and further relief as this Court deems just and proper. 

Dated: May 19, 2017 BRUCE D. GOLDSTEIN, County Counsel 

By: /s/ Joshua A. Myers 

Joshua A. Myers 

Deputy County Counsel 

Attorneys for Defendants 

SONOMA COUNTY DEPARTMENT 

OF CHILD SUPPORT SERVICES; 

KIRK GORMAN; KATHY SIMON 
County Defs Request for Judicial Notice 4 17-cv-00252-WHO 

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DECLARATION OF JOSHUA A. MYERS 

I, Joshua A. Myers, hereby declare as follows: 

 1. I am an attorney licensed to practice law in the State of California and 

before this court. I am employed as a Deputy County Counsel with the Sonoma County 

Counsel’s Office. The facts set forth below are based on my own personal knowledge, 

except where otherwise indicated, and if called to testify in this matter I could and would 

competently testify thereto. 

 2. The document attached hereto as “Exhibit 1” is a true and correct certified 

copy of the Superior Court of California, in and for the Sonoma County’s computerized 

docket of the case entitled Andrews v. Andrews, Case No. SFL-15804, and it is an official 

public record of that court. 

 3. The document attached hereto as “Exhibit 2” is a true and correct copy of 

three documents from the court file of the case entitled Andrews v. Andrews, Case No. 

SFL-15804, in the Superior Court of California, in and for the Sonoma County, and they 

are official public records of that court. 

I declare under penalty of perjury under the laws of the United States that the 

foregoing is true and correct. 

 Executed this 19th day of May, 2017, in Santa Rosa, California. 

 _____/s/ Joshua Myers____________ 

 Joshua A. Myers