On Fri, 03 Jan 2003 15:14:18 GMT, hkhenson@rogers.com (Keith Henson) wrote:

>Decided to let the appeal court know what was filed in the lower
>court.
snip

>REQUEST FOR JUDICIAL NOTICE

snip

DAVIS & WOJCIK A PROFESSIONAL LAW CORPORATION ROBERT A. DAVIS, JR., State Bar No. 160357 JOSEPH M. WOJCIK, State Bar No. 177296 1105 E. Florida Ave. Hemet, CA 92542 Telephone: (909) 652-9000 Facsimile: (909) 658-8308

LAW OFFICES OF ELLIOT J. ABELSON

ELLIOT J. ABELSON, State Bar No. 41846 8491 West Sunset Blvd., Suite 1100 Los Angeles, CA 90069-1911 Telephone: (323) 960-1935 Facsimile: (323) 650-0398

Attorneys for Plaintiffs and Appellees Hilary Dezotell, Ken Hoden, and Bruce Wagoner

SUPERIOR COURT OF CALIFORNIA

COUNTY OF RIVERSIDE

Appellate Division

HILARY DEZOTELL, KEN HODEN, and BRUCE WAGONER,

Plaintiffs and Appellees,

v.

H. KEITH HENSON,

Defendant and Appellant

Appellate No. 003381 CASE NO. HEC 009673

OPPOSITION TO HENSON'S REQUEST FOR JUDICIAL NOTICE

Defendant Henson's "Request for Judicial Notice", is an attempt to try and misdirect this Court from the fact that he is still a fugitive from justice and disentitled to seek the protection of this Court or any other court. Further, nothing in Henson's "request" demonstrates that judicial notice is either authorized or required by law under California Evidence Code §452 or §453.

After a trial in which he was represented by counsel, Henson was convicted by a jury for violating Penal Code § 422.6. Henson fled the jurisdiction and his appeal of his conviction was dismissed by the Honorable Judge Sharon Waters pursuant to the fugitive disentitlement doctrine.

Henson's "Request for Judicial Notice", is a rambling tirade of things he claims happened in his criminal case; however, Henson already appealed that conviction, and that appeal was dismissed in February 2002. Additionally, his "request" is full of hearsay and opinion and does not actually ask the court to take "judicial notice" of anything which it can validly notice per California Evidence Code Sections 452 and 453. There are two types of Judicial notice, mandatory and optional; mandatory is for the decisional, constitutional, and public statutory law of this state and the U.S.; and optional notice is for decisional, statutory and constitutional law of other states, official acts of the legislative, executive and judicial departments of the U.S. or any state, records of any court, rules of court and other items delineated in Evidence Code §452.

In actual fact, Henson's request for judicial notice has nothing to do with the instant case, it is not a valid request but it is an attempt to poison the court with wild accusations including accusations about one of plaintiffs' counsel. None of these statements, nor anything else in his "request" are proper for a judicial notice.

Per California Evidence Code §450, "judicial notice may not be taken of any matter unless authorized or required by law" and nothing in Henson's request demonstrates that judicial notice is either authorized or required by law.

Here, defendant Henson is a fugitive from justice who has no intention of submitting himself to the jurisdiction of the court. Thus, pursuant to case law cited in our Motion to Dismiss, defendant cannot now ask for aid and assistance from this court by way of his appeal and his request for judicial notice, while he continues to stand in an attitude of contempt of the legal processes and order of the Superior Court of this state.

Accordingly, his Request for Judicial Notice should be denied.

Dated: January 9, 2003 Respectfully submitted,

DAVIS & WOJCIK

SEP OJ IK Attorney for ffs and Appellees