On January 13, 2016 a
Request,Application
was filed
involving a dispute between
Williams, Edwin,
Wilson, Desabian Keith,
and
Button, Donjonique,
Cooper, Ashley,
County Of San Bernardino,
County Of San Bernardino, A Public Entity,
Deputy Brown, Individually And In His Official Capacity,
Deputy Chambers, Individually And In His Official Capacity,
Deputy Frias, Individually And In His Offical Capacity As,
Deputy K. Rodriguezindividually And In His Official Capacity,
Deputy Lim, Indivually And In His Official Capacity As,
Deputy Silva, Individually And In His Official Capacity,
San Bernardino County Sheriff'S Department,
San Bernardino County Sheriff'S Department A Public Entity,
Sergeant Thornburg,Individually And In His Official Capacity,
West Valley Detention Center,
West Valley Detention Center, A San Bernardino County Jail,
Frias, Juan,
Rodriguez, Kenneth,
Silva Jr., Joseph,
for Miscellaneous Petition
in the District Court of San Bernardino County.
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ORrGINAL
Yana G. Henriks, Esq. (SBN 250638)
F i L E
SléPOEURASOR COURT OF CALIFORNIA
Email: yhenriks@law-mh.cbm; TY OF SAN
xgA N
BERNARDINO
BERNARDINO DISTRICT
McMURRAY HENRIKS, LLP
811 Wilshire B1vd., Suite 1640 JUN 22 2023
Los Angeles, California 90017
.
-
Telephone: (323) 93 1—6200 BY V
Facsimile: (323) 931-9521 DANIELglERLEIN, DEPUTY
Attorneys for Plaintiff, DESABIAN KEITH
OOONQMAWN
WILSON, as successor in interest t0 deceased
Plaintiff EDWIN WILLIAMS
FAX
SUPERIOR COURT OF THE STATE OF CALIFORNIA
BY COUNTY OF SAN BERNARDINO, CENTRAL DIVISION
10
DESABIAN KEITH WILSON, as successor in CASE NO. CIVDSl600447
11 interest t0 deceased Plaintiff EDWIN
WILLIAMS, an individual; [ASSIGNED FOR ALL PURPOSES THE HON.
12 JANETM. FRANGIE, DEPT. $29]
Plaintiff,
1640
13 v.
LLP
SUITE
COUNTY OF SAN BERNARDINO, a public PLAINTIFF’S REQUEST FOR JUDICIAL
90017
14
entity; SAN BERNARDINO COUNTY
NOTICE IN SUPPORT 0F MOTION IN
HENRIKS,
CA SHERIFF’S DEPARTMENT, a public entity; LIMINE N0. 2 PRECLUDING
WEST VALLEY DETENTION CENTER, a DEFENDANTS FROM INTRODUCING
BOULEVARD,
15
ANGELES,
16 San Bemardino County Jail; SERGEANT
EVIDENCE RELATING TO MR.
MCMURRAY
THORNBURG, individually and in his Official WILLIAMS’ CRIMINAL HISTORY
WILSHIRE
L05 17
Capacity as Sheriff of San Bernardino County;
INCLUDING HIS BOOKING CHARGES
18
DEPUTY BROWN, individually and in his
811 [Supplemental Declaration 0f Yana G. Henriks
Official Capacity as Sheriff of San Bernardino
filed concurrently herelvmggh]
19 County; DEPUTY CHAMBERS, individually ./
and in his Official Capacity as Sheriff of San
20 Date: «*"June 26 20 /:'
Bernardino County; DEPUTY LIM, K
individually and in his Official Capacity as
Time: V1730 p.m.
21
Dept: 829
Sheriff 0f San Bernardino County; DEPUTY
22 K. RODRIGUEZ, individually and in his
Trial: June 26, 2023
Official Capacity as Sheriff of San Bernardino
23
County; DEPUTY SILVA, individually and in
24 his Official Capacity as Sheriff of San
Bemardino County; AND DOES 1
25 THROUGH 20, INCLUSIVE,
Defendants.
26
27
TO THE PARTIES AND THEIR ATTORNEYS OF RECORD:
28
PLEASE TAKE NOTICE that, pursuant to sections 452 and 453 of the Evidence Cdde,
Plaintiff Desabian Wilson hereby request that the Court take judicial notice 0f the matters listed
-1-
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION 1N LIMINE N0. 2 PRECLUDING
PLAINTIFF’S
DEFENDANTS FROM INTRODUCING EVIDENCE RELATING TO MR. WILLIAMS’ CRIMINAL HISTORY
INCLUDING HIS BOOKING CHARGES
below in support of Plaintiff’s Motion in Limine #2 to exclude evidence related to Mr. Williams’
-
criminal history.
Section 453 of the Evidence Code provides:
The trial court shall take judicial notice of any matter specified in Section 452
if a party requests it and: (a) Gives each adverse party sufficient notice 0f the
request, through the pleadings or otherwise, to enable such adverse party to
\OOO\IO\UIAUJN
prepare t0 meet the request; and (b) Furnishes the court with sufficient
information to enable it to take judicial notice of the matter.
The following exhibit constitutes and acts and/or matter of record 0f the Superior Coun of
California, County of San Bemardino (herein “SBSC”) and therefore are matters of which judicial
10 notice must be taken pursuant t0 sections 452, subdivision (d), and 452 of the California Evidence
11 Code.
12 No. 1: Printout taken from the San Bemardino County Superior CouIT’s Court Access Portal
1640
13 for criminal case number FV11202204, People v. Edwin Williams, taken from the
LLP
SUITE
90017
14 Court’s official website at htt sz/fca .sb-coumorg, which is publicly accessible,
HENRIKS,
CA
15 indicating that 0n January 23, 2014, a dismissal of a charge under Cal. Penal Code
BOULEVARD,
ANGELES,
16 section 261(a)(2) pending against decedent Edwin Williams was dismissed by the
McMURRAY
WILSHIRE 17 Court on the motion 0f the District Attorney. (See Exhibit 1.)
L05
This matter is relevant t0 Plaintiff‘s Motion in Limine #2 because it tends t0 prove that the
18
811
19 Section 261(a)(2) charge that defense counsel has argued should be disclosed to the jury at trial in
this matter had already been dismissed by the Court mere days after the Decedent began his
20
21 incarceration at West Valley Detention Center and almost five (5) months prior to the surgery at
22 issue.
23 MCMURRAY HENRIKS, LLP
24
25
Dated: June 21, 2023 By: é?
26
27 Yana G. Henriks, Esq.
Attorneysfor Plaintiff DESABIAN KEITH
28 WILSON
-2-
FOR JUDICIAL NOTICE IN SUPPORT OF MOTION IN LIMINE N0. 2 PRECLUDING
PLAINTIFF’S REQUEST
DEFENDANTS FROM INTRODUCING EVIDENCE RELATING TO MR. WILLIAMS’ CRIMINAL HISTORY
INCLUDING HIS BOOKING CHARGES
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ORrGINAL Yana G. Henriks, Esq. (SBN 250638) F i L E SléPOEURASOR COURT OF CALIFORNIA Email: yhenriks@law-mh.cbm; TY OF SAN xgA N BERNARDINO BERNARDINO DISTRICT McMURRAY HENRIKS, LLP 811 Wilshire B1vd., Suite 1640 JUN 22 2023 Los Angeles, California 90017 . - Telephone: (323) 93 1—6200 BY V Facsimile: (323) 931-9521 DANIELglERLEIN, DEPUTY Attorneys for Plaintiff, DESABIAN KEITH OOONQMAWN WILSON, as successor in interest t0 deceased Plaintiff EDWIN WILLIAMS FAX SUPERIOR COURT OF THE STATE OF CALIFORNIA BY COUNTY OF SAN BERNARDINO, CENTRAL DIVISION 10 DESABIAN KEITH WILSON, as successor in CASE NO. CIVDSl600447 11 interest t0 deceased Plaintiff EDWIN WILLIAMS, an individual; [ASSIGNED FOR ALL PURPOSES THE HON. 12 JANETM. FRANGIE, DEPT. $29] Plaintiff, 1640 13 v. LLP SUITE COUNTY OF SAN BERNARDINO, a public PLAINTIFF’S REQUEST FOR JUDICIAL 90017 14 entity; SAN BERNARDINO COUNTY NOTICE IN SUPPORT 0F MOTION IN HENRIKS, CA SHERIFF’S DEPARTMENT, a public entity; LIMINE N0. 2 PRECLUDING WEST VALLEY DETENTION CENTER, a DEFENDANTS FROM INTRODUCING BOULEVARD, 15 ANGELES, 16 San Bemardino County Jail; SERGEANT EVIDENCE RELATING TO MR. MCMURRAY THORNBURG, individually and in his Official WILLIAMS’ CRIMINAL HISTORY WILSHIRE L05 17 Capacity as Sheriff of San Bernardino County; INCLUDING HIS BOOKING CHARGES 18 DEPUTY BROWN, individually and in his 811 [Supplemental Declaration 0f Yana G. Henriks Official Capacity as Sheriff of San Bernardino filed concurrently herelvmggh] 19 County; DEPUTY CHAMBERS, individually ./ and in his Official Capacity as Sheriff of San 20 Date: «*"June 26 20 /:' Bernardino County; DEPUTY LIM, K individually and in his Official Capacity as Time: V1730 p.m. 21 Dept: 829 Sheriff 0f San Bernardino County; DEPUTY 22 K. RODRIGUEZ, individually and in his Trial: June 26, 2023 Official Capacity as Sheriff of San Bernardino 23 County; DEPUTY SILVA, individually and in 24 his Official Capacity as Sheriff of San Bemardino County; AND DOES 1 25 THROUGH 20, INCLUSIVE, Defendants. 26 27 TO THE PARTIES AND THEIR ATTORNEYS OF RECORD: 28 PLEASE TAKE NOTICE that, pursuant to sections 452 and 453 of the Evidence Cdde, Plaintiff Desabian Wilson hereby request that the Court take judicial notice 0f the matters listed -1- REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION 1N LIMINE N0. 2 PRECLUDING PLAINTIFF’S DEFENDANTS FROM INTRODUCING EVIDENCE RELATING TO MR. WILLIAMS’ CRIMINAL HISTORY INCLUDING HIS BOOKING CHARGES below in support of Plaintiff’s Motion in Limine #2 to exclude evidence related to Mr. Williams’ - criminal history. Section 453 of the Evidence Code provides: The trial court shall take judicial notice of any matter specified in Section 452 if a party requests it and: (a) Gives each adverse party sufficient notice 0f the request, through the pleadings or otherwise, to enable such adverse party to \OOO\IO\UIAUJN prepare t0 meet the request; and (b) Furnishes the court with sufficient information to enable it to take judicial notice of the matter. The following exhibit constitutes and acts and/or matter of record 0f the Superior Coun of California, County of San Bemardino (herein “SBSC”) and therefore are matters of which judicial 10 notice must be taken pursuant t0 sections 452, subdivision (d), and 452 of the California Evidence 11 Code. 12 No. 1: Printout taken from the San Bemardino County Superior CouIT’s Court Access Portal 1640 13 for criminal case number FV11202204, People v. Edwin Williams, taken from the LLP SUITE 90017 14 Court’s official website at htt sz/fca .sb-coumorg, which is publicly accessible, HENRIKS, CA 15 indicating that 0n January 23, 2014, a dismissal of a charge under Cal. Penal Code BOULEVARD, ANGELES, 16 section 261(a)(2) pending against decedent Edwin Williams was dismissed by the McMURRAY WILSHIRE 17 Court on the motion 0f the District Attorney. (See Exhibit 1.) L05 This matter is relevant t0 Plaintiff‘s Motion in Limine #2 because it tends t0 prove that the 18 811 19 Section 261(a)(2) charge that defense counsel has argued should be disclosed to the jury at trial in this matter had already been dismissed by the Court mere days after the Decedent began his 20 21 incarceration at West Valley Detention Center and almost five (5) months prior to the surgery at 22 issue. 23 MCMURRAY HENRIKS, LLP 24 25 Dated: June 21, 2023 By: é? 26 27 Yana G. Henriks, Esq. Attorneysfor Plaintiff DESABIAN KEITH 28 WILSON -2- FOR JUDICIAL NOTICE IN SUPPORT OF MOTION IN LIMINE N0. 2 PRECLUDING PLAINTIFF’S REQUEST DEFENDANTS FROM INTRODUCING EVIDENCE RELATING TO MR. WILLIAMS’ CRIMINAL HISTORY INCLUDING HIS BOOKING CHARGES