Free Request - District Court of Arizona - Arizona

I CA FILED ___,, toooao
1 Joseph L. Williams ___ Hecanvrgo cow
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2 §§23£.}§°;3°§“é“i%‘Vd= §a%“%§‘·3“ T
(510) 385-5691 APR 0 9 2007 i
3 CLERK 0 s onermor COURT
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a 4
`g"·&’ 5 IN THE UNITED STATES DISTRICT COURT
` 6 FOR THE DISTRICT OF ARIZONA
7 ESTATE OF JOSEPH J. STUDNEK, by N0. CV-O4-595 PHX MHM
and through its PERSONAL
8 REPRESENTATIVE, JOSEPH M. REQUEST FOR JUDICIAL
STUDNEK, NOTICE IN SUPPORT OF
9 DEFENDANTS JOSEPH L.
I Plaintiff and WILLLAMS MOTION TO
10 Counterdefendant DISMISS THE COMPLAINT
DUE TO PLAINTIFF’S LACK
11 v. OF STANDING
I2 AMBASSADOR OF GLOBAL MISSIONS
13 UN LIMITED HIS SUCCESSORS, A .
I CORPORATION SOLE, a Nevada
1 14 corporation sole; EL SHADDAI
MINISTRIES AND HIS SUCCESSORS, A
1 15 ooRPoRAr1oN sora, a Nevada
16 corporation; SECOND CHANCE
CHRISTIAN EVANGELISTIC
I 17 MINISTRIES, a California corporation;
l 18 BISHOP OF FAITH VISION NOBLE
I HOUSE AND HIS SUCCESSORS, A
l 19 CORPORATION SOLE, a California
1 corporation; JOSEPH L. WILLIAMS and
. 20 MONICA C. CISNEROS, as husband and
21 wife; WILLIAM JOE LITTLE, JR.;
MICHAEL CAMBRA and GLORIA
22 CAMBRA, as husband and wife; JOEL
23 DAVID and CINDY DAVID, as husband
and wife; KEITH AARON VANN and
24 TRISHA VANN, as husband and wife,
25 Defendants and
Counterclaimant.
26
27
28 REQUEST FOR JUDICIAL NOTICE
se 2:04-cv—00595-I\/IHI\/I Document 200 Filed 04/09/2007 Page 1 of 4

i 1 Defendant Joseph L. Williams ("Williams") hereby requests that the Court take
2 judicial notice of the following documents attached as Exhibits A and B. This request
3 is made pursuant to Rule 201 of the Federal Rules of Evidence and the authorities
E 4 cited below. This request is made in connection with Williams’ motion to dismiss the
EF" 5 Amended Complaint for Damages tiled by plaintiff ESTATE OF JOSEPH J.
` 6 STUDNEK, by and through its PERSONAL REPRESENTATIVE, JOSEPH M.
7 STUDNEK.
8 BASIS FOR REQUESTING JUDICIAL NOTICE
1; On a motion to dismiss, a court may take judicial notice of matters of public
H record in accordance with Federal Rule of Evidence 201 without converting the
12 motion to dismiss to a motion for summary judgment. Lee v. City of Los Angeles, 250
13 F.3d 668, 688-689 (9th Cir. 2001) (citing Mack v. South Bay Beer Distributors, Inc.,
14 798 F.2d 1279, 1282 (9th Cir. 1986)). Courts may take judicial notice of documents
ig outside of the complaint that are capable of accurate and ready determination by
17 resort to sources whose accuracy cannot reasonably be questioned. Fed. R. Evid.
18 201(d); Wetschner v. Monterey Pasta Co., 294 F. Supp. 2d 1117, 1109 U.\1.D. Cal.
19 2003). Courts can take judicial notice of such matters when considering a motion to
ii) dismiss. Wietsc/mer, 294 F. Supp. 2d at 1109; MGIC Indem. Corp. v. Weisman, 803
22 F. 2d 500, 504 (9th Cir. 1986). As explained further below, the Court may take
23 judicial notice of Exhibits A through B.
24 Exhibit A is a Power of Attorney signed by Joseph M. Studnek, who had
ig power-of-attorney of the Estate of Joseph J. Studnek. The Power of Attorney was
27 signed over to "The Ofice of the Ambassador of Global Missions Unlimited—Larry
28
No. CV—04-595 PHX MHM ~ 2 -
Request for Judicial Notice of Williams
_ se 2:04-cv—00595-I\/IHI\/I Document 200 Filed 04/09/2007 Page 2 of 4

I Williams. It is because Williams had power of attorney as of April 15 2003, until the
2 termination period of April 30, 2004 it would be impossible for any other person than
3 Williams to have legal standing to sue on behalf of the Estate. The lawsuit was tiled
$,1 5 by the Estate on February 23, 2004. The problem with the filing of this lawsuit is the
` 6 fact that Williams had power of attomey over the Estate thereby negating the ability
7 of anyone other than Williams to file a lawsuit on behalf of the Estate. Since the
; Estate lacked standing to sue this Court lacks jurisdiction to proceed because of both:
10 lack of jurisdiction over the subject matter, and lack of jurisdiction over the
l l
12 This Power of Attorney is also very specific in that it states that, ". . .g
E comglete the dissolution and donation of the estates assets to Global Missions
15 Unlimited — a corgoration sole. It further states, "I further give and grant to my
16 attorney (Williams) in fact full power and authority to do and perform every act
17 necessary and proper to be done in the exercise of any ofthe powers stated above as
1; fully as I might or could do if personally present, with [ull gower o[ substitution and
20 revocation, ratijjing and con [arm ing all that my attorng shall lawtullg do or cause
21 to be done by virtue ot this means."
22 The Estate therefore lacks standing to sue without authority from Williams.
it Since Williams did not authorize this lawsuit, it automatically becomes void ab initio.
25 The Estate theoretically could have chosen to tile a lawsuit aQer Agri! 30, 2004 but
26 not on February 23, 2004. The lawyer, Taz Evans has misrepresented to the court a
27 claim and should be reprimanded.
28
No. CV-04—595 PHX MHM - 3 -
Request for Judicial Notice of Williams
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I The question of standing is not subject to waiver, however: "[W]e are required
2 to address the issue even if the courts below have not passed on it, and even if the
3
4 parties fail to raise the issue before us. The federal courts are under an independent
1 5 obligation to examine their own jurisdiction, and standing 'is perhaps the most
E 6 important of [the jurisdictional] doctrines.‘ " See U.S. v Hayes 515 U.S. 737, 115
7 S.Ct. 2431, 132 L.Ed.2d 635 (1995). See also FW/PBS, Inc. v. Dallas, 493 U.S. 215,
8
9 at pages 230-231, 110 S.Ct 596, at pages 607-608, 107 L. Ed. 2d 603 (1990).
10 For the foregoing reasons, Exhibits A through B may properly be considered
11 by the Court in ruling on Williams’ motion to dismiss.
12 Dated: April 3, 2007.
13
14
15
By _
16 Jose . illiams ”
17 I hereby certify that on April 03, 2007, I mailed the attached document to the
18 Clerk’s Office using the USPS System for filing and transmittal of a Notice Filing
to the following registrants:
19
20 Bradley D. Weech
2] Jeremy S. Geigle
Jackson VVhite
22 40 N. camel- stmt, suite 200
23 Mesa, AZ 85201
Attomeys for Plaintiff/Counterdefendant
24 [email protected]
25 ]-gB1gl€[@,]'3CkSOHWh1t€l&W.COm
26
Joseph L. Williams
27
28
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