Judge: Lee W. Tsao, Case: 22STCV04425, Date: 2024-01-08 Tentative Ruling

Case Number: 22STCV04425    Hearing Date: March 20, 2024    Dept: C

BRADY v. CITY OF WHITTIER, ET AL.

CASE NO.:  22STCV04425

HEARING: 3/20/24 @ 9:30 AM

#4

TENTATIVE RULING

Defendant City of Whittier’s motion to stay action is DENIED. 

Moving Party to give NOTICE.

This is a child sexual assault case against the City of Whittier. The events occurred in 1986 and 1987 when the Plaintiff participated in the City of Whittier’s Explorer Post program. City of Whittier moves to stay the action until April 19, 2024 when the Limited Protected Party Injunction of the reorganization plan of the Boy Scouts of America ends.

Defendant Charles Drylie joins the City of Whittier’s motion.

Legal Standard

Trial courts have the inherent power to stay proceedings to promote justice and judicial efficiency. (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.)

Requests for Judicial Notice

Plaintiff requests judicial notice of the following under Evidence Code section 452, subdivision (d)(2): (1) March 11, 2024 Memorandum and Order issued and filed by Hon. Laurie Selber Silverstein in the matter captioned In Re: Boy Scout of America and Delaware BSA, LLC, case number 20-10343 (LSS); (2) pages 124:15 to 127:3 of the Notice of Filing of Hearing transcripts filed on September 27, 2021 in the United States Bankruptcy Court for the District of Delaware, Chapter 11 Bankruptcy, case number 20-10343 (LSS).

The Court takes judicial notice of the fact of the stated court records, but not of the truth of the factual findings. (Weiner v. Mitchell, Silberberg & Knupp (1980) 114 Cal.App.3d 39, 45-46.) 

Defendant requests judicial notice of the following under Evidence Code sections 452 subdivision (a), (c), and (h), 453, and 1280: (1) Plan of Reorganization of the Boy Scouts of America and Delaware BSA, LLC, filed in the U.S. District Court for the District of Delaware, case number 20-10343-LSS; (2) supplemental findings of fact and conclusions of law confirming the third modified fifth amended Chapter 11 Plan of Reorganization for Boy Scouts of America and Delaware BSA, LLC, case number 20-10343-LSS; and (3) Notice of Entry of Confirmation Order and Occurrence of Effective Date of Third Modified Fifth Amended Chapter 11 Plan of Reorganization for Boy Scouts of America and Delaware BSA, LLC, filed in the U.S. District Court for the District of Delaware, case number 20-10343-LSS.

Similarly, the Court takes judicial notice of the fact of the stated court records, but not of the truth of the factual findings. (Weiner v. Mitchell, Silberberg & Knupp (1980) 114 Cal.App.3d 39, 45-46.) 

Evidentiary Objections

Plaintiff objects to the evidence submitted by the City of Whittier. The Court rules as follows:

1.    Overruled

2.    Overruled

3.    Sustained

4.    Overruled

Stay

City of Whittier moves to stay the action until April 19, 2024 on the grounds that its Explorer Post program was chartered by the Los Angeles Area Council of the Boy Scouts of America. Thus, this action is subject to an injunction issued by the U.S. District Court for the District of Delaware in favor of Boy Scouts of America and its chartered organizations.

In opposition, Plaintiff asserts that the City of Whittier has not provided proper evidentiary support for its conclusion that the City of Whittier was a chartered organization of the Boy Scouts of America at the time of Plaintiff’s claims. Separately, Plaintiff asserts that her claims are mixed claims and the parts of her claims that do not arise out of Explorer Post activities are not subject to the injunction.  

City of Whittier advances the declaration of Charles Drylie, who states, “In my position as an advisor with the Explorer Post, it was my understanding that the WPD Explorer Post was chartered by the Los Angeles Area Council of the Boy Scouts of America.” (Decl. Drylie, ¶ 4.) He also states, “During my entire time with the WPD Explorer Post, it was my understanding that the WPD Explorer Post chartered by the Los Angeles Area Council of the Boy Scouts of America.” (Decl. Drylie, ¶ 5.)

City of Whittier also advances the declaration of Yolanda Martinez, City of Whittier’s Director of Human Resources and Risk Management. She submits a letter dated October 5, 1990, from then-Chief James Bale of the Whittier Police Department to James Peterson of the Los Angeles Area Council of the Boy Scouts of America. (Decl. Martinez, ¶ 4, Ex. A.)

Based on the above, the Court finds that City of Whittier has not advanced admissible evidence to support that the Explorer Post is a chartered organization of the Boy Scouts of America. First, Charlies Drylie seems to state that the basis of his personal knowledge of the fact is his “understanding.” To have personal knowledge, the witness must have the capacity to perceive a matter through his or her own senses and remember or recollect what he or she has perceived. (See Comment to Evid. Code §§ 701, 702.) Drylie’s statement is conclusory. He does not state the source of this understanding. Second, the letter does not establish that the Explorer Post is a chartered organization of the Boy Scouts of America. It is a recommendation letter for Charles Drylie. Nowhere does it state that the Explorer Post is a chartered organization of the Boy Scouts of America. The letter is not relevant to prove or disprove that the Explorer Post is a chartered organization of the Boy Scouts of America. (Evid. Code, § 210.)

Based on the above, the motion is DENIED.