Case 2:15-cv-03462-RGK-AGR Document 226 Filed 06/10/16 Page 1 of 6 Page ID #:5949

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Francis Malofiy, Esq.

Francis Alexander, LLC
280 N. Providence Rd. | Suite 1
Media, PA 19063
T: (215) 500-1000; F: (215) 500-1005
E: francis@francisalexander.com
Attorney for Plaintiff
Glen L. Kulik, Esq. (SBN 082170)
Kulik Gottesman & Siegel LLP
15303 Ventura Blvd., Suite 1400
Sherman Oaks, CA 91403
T: (310) 557-9200; F: (310) 557-0224
E: gkulik@kgslaw.com
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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MICHAEL SKIDMORE, as Trustee for

15 the RANDY CRAIG WOLFE TRUST,
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v.
LED ZEPPELIN; JAMES PATRICK
PAGE; ROBERT ANTHONY PLANT;
JOHN PAUL JONES; SUPER HYPE
PUBLISHING, INC.; WARNER MUSIC
GROUP CORP., Parent of
WARNER/CHAPPELL MUSIC, INC.;
ATLANTIC RECORDING
CORPORATION; RHINO
ENTERTAINMENT COMPANY,

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Hon. R. Gary Klausner

Plaintiff,

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Case No. 15-cv-03462 RGK (AGRx)

PLAINTIFFS REQUEST
FOR JUDICIAL NOTICE OF
DOCUMENTS FILED AND
ORDERS ISSUED IN PROBATE
COURT REGARDING THE
ESTATE OF RANDY CRAIG
WOLFE

Trial:
Time:
Courtroom:

June 14, 2016

9:00 a.m.
850

Defendants.

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PLAINTIFFS REQUEST FOR JUDICIAL NOTICE

Case 2:15-cv-03462-RGK-AGR Document 226 Filed 06/10/16 Page 2 of 6 Page ID #:5950

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Pursuant to Fed. R. Evid. 201 (c) and (f), Plaintiff Michael Skidmore, as trustee for

the Randy Craig Wolfe Trust, respectfully requests this Court to take judicial notice of

certain documents filed and orders issued in the Probate Court of the Superior Court of

the State of California for the County of Ventura in connection with the Estate of Randy

Craig Wolfe.

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A.

Facts Subject To Judicial Notice

1.

Randy Craig Wolfe disappeared while swimming in the ocean in Hawaii on

January 2, 1997. His body was never recovered.

2.

Following the disappearance of Randy Craig Wolfe, his mother, Bernice

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Pearl, filed a petition in the Superior Court of the State of California for the County of

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Ventura to appoint a conservator for the Estate of Randy Craig Wolfe.

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Appointing Probate Conservator dated August 11, 1997, Exhibit A.)

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3.

(Order

On August 11, 1997, the Superior Court granted the petition and appointed

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Sherman Pearl as conservator for the estate of Randy Craig Wolfe. At that hearing,

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Bernice Pearl and Quinn Wolfe, who was the minor son of Randy Craig Wolfe, were

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present. Quinn Wolfe was also represented at the hearing by attorney David F. Peterson.

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(Order Appointing Probate Conservator dated August 11, 1997, Exhibit A, B.)

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4.

On March 29, 1999, Bernice Pearl was appointed conservator of the estate as

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successor to Sherman Pearl, who resigned. (Letters of Conservatorship and Bond,

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Exhibits C and D.)

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5.

On June 22, 1999, Bernice Pearl, as conservator, filed a petition for

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appointment of a guardian ad litem to represent the interests of Quinn Wolfe. In the

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petition, Bernice Pearl stated she did not believe the interests of Quinn Wolfe were being

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adequately represented at the time. (Petition For Instructions And For Appointment Of

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Guardian Ad Litem, Exhibit E.)

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6.

On July 26, 1999, the Superior Court held a hearing on the petition for

appointment of guardian ad litem for Quinn Wolfe. Quinn Wolfe was present in the
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PLAINTIFFS REQUEST FOR JUDICIAL NOTICE

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courtroom during the hearing and was represented by attorney David Peterson. (Minute

Order dated July 26, 1999, Exhibit F.)

7.

On July 27, 1999, the Superior Court issued an order appointing the Public

Guardian as Guardian Ad Litem for Quinn Wolfe. (Order Appointing Public Guardian as

Guardian Ad Litem For Minor Child, Exhibit G.)

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On February 19, 2002, the Guardian Ad Litem for Quinn Wolfe, and Bernice

Pearl, filed a Stipulation in the Superior Court for Substituted Judgment to Create and

Fund Revocable Living Trust and Execute a Pour Over Will. (Stipulation And Order For

Substituted Judgment to Create and Fund Revocable Living Trust, Exhibit H.) Under the

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terms of the stipulation:

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a. Randy Craig Wolfe was deemed to be a missing person who has been

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missing for more than five years and may be presumed to be deceased;

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b. Bernice C. Pearl shall be substituted for Quinn Alexander Wolfe as the

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sole beneficiary of the proposed trust;

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c. Bernice C. Pearl shall have authority to amend or revoke the proposed

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trust without further order of the court upon Order of the Court finding

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that [Randy Craig Wolfe] is dead;

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d. The proposed trust shall be funded with all royalty, copyright and other

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intangible rights of [Randy Craig Wolfe], and the recordings of

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unreleased music;

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e. The remaining assets of the conservatorship, less commissions of the

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conservator and fees of her attorney, and any other expenses of

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administration, as approved by the Court, shall be distributed to Quinn

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Alexander Wolfe upon his attainment of age 18 on May 6, 2002.

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9.

The foregoing Stipulation was entered as a Court Order by the Superior

Court on February 19, 2002. (Id.)

10.

On May 6, 2002, Bernice Pearl, as conservator, filed a Third Account

Current and Report by Conservator Bernice Pearl in which she informed the Superior
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PLAINTIFFS REQUEST FOR JUDICIAL NOTICE

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Court of the status of the estate and confirmed in paragraph 7(d) that Petitioner has

delivered to her attorneys office for delivery to Quinn Alexander Wolfe all cash assets

on hand of the conservatorship. (Third Account By Conservator Bernice Pearl, Exhibit

I.)

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On May 22, 2002, Quinn Alexander Wolfe filed a document in the Superior

Court entitled Receipt On Distribution. (Receipt On Distribution, Exhibit J.) In the

document, Quinn Alexander Wolfe acknowledged that Bernice Pearl, as conservator, had

distributed to him $10,770.53, $13,100.62, and $21,730.24, respectively, from various

accounts that held assets of Randy Craig Wolfe. (Id.)

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12.

On June 21, 2002, the Superior Court issued an order confirming that the

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cash in the checking account and CD accounts at Wells Fargo Bank have been distributed

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to Quinn Alexander Wolfe, totaling $45,601.39. (Order Re Third Account By

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Conservator Bernice Pearl, Exhibit K.)

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13.

On December 8, 2003, the Superior Court issued an Order of Final

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Discharge of Conservator in which the Court found, by the production of satisfactory

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receipts, that Bernice C. Pearl, has paid all sums of money due from her as conservator of

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[Randy Craig Wolfe] under order of the Court, and has delivered all property of the estate

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to the entitled parties as has performed all acts legally required.

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Discharge of Conservator, Exhibit L.)

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14.

(Order of Final

Thus, on December 8, 2003, the conservatorship was discharged and the

probate proceedings ended. (Id.)

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There has been no activity on the probate court docket since December 8,

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2003, and no action, motion, and/or petition has been filed by Quinn Wolfe since

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December 8, 2003. (Probate Court Docket, Exhibit M.)

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In connection with the foregoing facts, Plaintiff asks the Court to take judicial
notice of the documents referenced above as Exhibits A through M.

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PLAINTIFFS REQUEST FOR JUDICIAL NOTICE

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B.

The Court Has Authority To Take Judicial Notice Of The Foregoing Facts

And Documents

The court may take judicial notice at any stage of the litigation. Fed. R. Evid. 201.

It is also well established that a court may take judicial notice of judicial proceedings in

other courts. Rosales-Martinez v. Palmer, 753 F.3d 890, 894 (9th Cir. 2014).

Judicial records are a source of reasonably indisputable accuracy when they record

some judicial action such as dismissing an action, granting a motion, or finding a fact.

See e.g. Thompson v. R.J. Reynolds Tobacco Co., 760 F.3d 913, 918 (8th Cir. 2014)

(prior judgment); Rosales-Martinez v. Palmer, supra, 753 F.3d at 894 (circumstances

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surrounding plaintiffs release from jail); Colonial Leasing Co. of New Eng., Inc. v.

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Logistics Control Group Intern., 762 F.2d 454, 459 (5th Cir. 1985) (state court records

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are a source whose accuracy cannot reasonably be questioned where the fact to be noticed

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is the judicial act recorded in them).

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District courts have taken notice of various documents filed in probate court.

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Gillette v. Wilson Sonsini Group Welfare Ben. Plan, 2014 WL 5511337, at *2 (D. Or.

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Oct. 31, 2014). This includes:

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Probate courts order; AQ Consulting WLL v. Branca; 2011 WL 240812, at *1

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[P]etition to establish the fact of the ongoing California probate proceedings;

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the appointment [of an individual] as special administrators; Id.

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The fact that [a] County Probate Court appointed [a certain individual] as

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temporary conservator Hill v. USA Truck, Inc., 2007 WL 1574545, at *4

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(D.S.C. May 30, 2007) (Based on the probate courts record, one could not

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reasonably dispute that [a certain individual] has been named conservator for

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the estate.)

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C.

The Above-Referenced Facts and Documents Are Relevant To This Case

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Because They Establish The Validity of The Trust

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Throughout this case, Defendants have repeatedly challenged the validity of the

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Trust of Randy Craig Wolfe (Trust), which this court has thus far rejected. (Doc. No.
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PLAINTIFFS REQUEST FOR JUDICIAL NOTICE

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889, at p. 2.) Plaintiffs anticipate that during trial, Defendants may seek to elicit the

testimony of Quinn Wolfe, the son of Randy Craig Wolfe, to support their affirmative

defense that the Trust is invalid and consequently not the copyright owner of Taurus.

Quinn Wolfe has no legal basis for making that argument, but this court tentatively

denied Plaintiffs motion in limine on the subject and unless the courts final ruling is

different, Plaintiff anticipates that Defendants will seek to have Quinn Wolfe testify if for

no other reason to infer to the jury that Plaintiff is somehow being unfair or has taken

advantage of Randy Wolfes son.

The above referenced facts and documents are relevant because they reflect the

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judicial action and legal findings of the Probate Court during the pendency of the probate

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of Randy Craig Wolfe.

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Dated: June 10, 2016

FRANCIS ALEXANDER, LLC

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/s/ Francis Alexander Malofiy

Francis Alexander Malofiy, Esq.
Attorney for Plaintiff

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PLAINTIFFS REQUEST FOR JUDICIAL NOTICE