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RICHARD I. FINE, In Pro Per

Prisoner ID # 1824367
2 c/o Men’s Central Jail
3 441 Bauchet Street
Los Angeles, CA 90012
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5 UNITED STATES COURT OF APPEALS

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FOR THE NINTH CIRCUIT
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RICHARD I. FINE, Case No. 09-56073
9 Appellant and Petitioner,
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D.C. No. 2:09-cv-01914 JFW (CW)
vs.
11 REQUEST FOR JUDICIAL NOTICE
12 OF ENTIRE APPELLATE
SHERIFF OF LOS ANGELES DISTRICT’S SELF-RECUSALS IN
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COUNTY, et al, THE “STURGEON” APPEALS
14 Appellees and Respondents
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Appellant respectfully requests that the Court take judicial notice of the
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18 attached letter dated November 9, 2009, announcing the self-recusal of all

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justices of the Second Appellate District, California Court of Appeal, with
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respect to the current appeal underway in the matter of Sturgeon v. County of
22 Los Angeles, LA County Superior Court Case No. BC351786.
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24 The Court is also requested to take notice of the Second Appellate

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District’s prior transfer of the case on its first appeal, as evidenced by the
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attached copy of its letter dated May 10, 2007.

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The relevance of these documents is that it contradicts the false inference
2 of Appellees LA Superior Court and Judge David P. Yaffe’s answering brief that
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Judge Yaffe was not obligated to recuse himself in the instant case.
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These documents constitute facts not reasonably subject to dispute. The
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did not come to Appellant’s attention until a few days ago.

8 LEGAL STANDARD
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A court may properly take notice of "matters of public record" pursuant to
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11 Federal Rule of Evidence section 201 to the extent they are not subject to
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reasonable dispute. Lee v. City of Los Angeles, 250 F.3d 668, 689 (9th Cir.
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2001). Such records may include administrative records, reports and
15 procedures. See, e.g., Interstate Natural Gas Co. v. Southern California Gas Co.,
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209 F.2d 380, 385 (9th Cir. 1953); Coinstar, Inc. v. CoinBank Automated Sys.,
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18 Inc., 998 F. Supp. 1109, 1114 (N.D. Cal. 1998).

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21 CONCLUSION
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The allegations in the instant appeal and underlying Petition for Writ of
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Habeas Corpus are inextricably intertwined with the issues raised in the attached
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25 documents. Accordingly, this Court is entitled to take judicial notice of these

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documents, and Appellant therefore specifically requests that this Court take
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28 judicial notice of the documents identified above.

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Dated this _____ day of November, 2009 Respectfully submitted,
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3 BY: _________________________
RICHARD I. FINE,
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In Pro Per
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 PROOF OF SERVICE

STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES

I am Fred Sottile. My address is 2601 E. Victoria Street, # 108, Rancho

Dominguez, CA 90220.

On November ____, 2009, I served the foregoing document described as

REQUEST FOR JUDICIAL NOTICE OF ENTIRE APPELLATE

DISTRICT’S SELF-RECUSALS IN THE “STURGEON” APPEALS on

interested parties in this action by depositing a true copy thereof, which was

enclosed in a sealed envelope, with postage fully prepaid, in the United States

Mail, addressed as follows:

Aaron Mitchell Fontana Kevin M. McCormick

Paul B. Beach BENTON, ORR, DUVAL & BUCKINGHAM
LAWRENCE BEACH ALLEN & CHOI, PC 39 N. California Street
100 West Broadway, Ste. 1200 P.O. Box 1178
Glendale, CA 91210-1219 Ventura, CA 93002

I certify and declare, under penalty of perjury under the laws of the United

States of America and the State of California, that the foregoing is true and

correct.

Executed on this _____ day of November, 2009, at Rancho Dominguez,

California.
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____________________________________
FRED SOTTILE
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