B123738
IN THE SUPREME COURT FOR THE STATE OF CALIFORNIA
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TERRI NICOLE HESS, Petitioner, vs.
LOS ANGELES COUNTY SUPERIOR COURT, WEST DISTRICT, Respondent. PENINSULA BEVERLY HILLS, INC., a Delaware Corporation, PENINSULA BEVERLY HILLS MANAGEMENT, INC. a Delaware Corporation, LUIS ALVERADO, individually and in his capacity as Director of Security, JOSEPH VELEZ, DON KIREMIT, DONALD TURK and DOES 1 - 50, Real Parties in Interest. |
Supreme Court No. |
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APPLICATION FOR PERMISSION TO FILE EXHIBITS
OUT OF COMPLIANCE WITH RULE 28(e)5
After Decision by Court of Appeal
Second Appellate District
Division Three
JOHN F. PRENTICE, ESQ. SBN 087606
LARRY R. SHOCKEY, ESQ. SBN 167783
PRENTICE & SCOTT
433 Turk Street
San Francisco, CA 94102
Telephone: (415) 292-1660
Facsimile: (415) 776-4237
DAVID J. DUCHROW, ESQ. SBN 105617
DUCHROW & BARKER, LLP
2828 Donald Douglas Loop North, 2nd Fl.
Santa Monica, CA 90405-2959
Telephone: (310) 581-3506
Attorneys for Plaintiff/Petitioner
TO THE HONORABLE CHIEF JUSTICE, RONALD M. GEORGE, AND TO THE HONORABLE ASSOCIATE JUSTICES OF THE SUPREME COURT OF THE STATE OF CALIFORNIA:
COMES NOW PETITIONER TERRI NICOLE HESS and files this application to file exhibits to her Petition for Review out of compliance with Appellate Rule 28(e)5. The issue presented for review is a matter of first impression for this Court and deals with a subject matter which is beyond the realm of the general knowledge and understanding of most individuals, e.g., transgenderism.
Due to the unique nature of the issues at bar, petitioner has attached as Exhibits B through E the following materials, not as evidentiary matter in support of petitioner’s petition, but as background for the issues presented: 1) Findings of the San Francisco Human Rights Commission Following Investigation into Discrimination Against Transgendered People; 2) "Trans Across America," Time, July 20, 1998; 3) GenderPAC: First National Report on TransViolence, 1997; and 4) the San Francisco Anti-Discrimination Ordinance.
Petitioner believes that the foregoing information, although not a part of the record of this case, will be instructive for the Court, and will serve as a valuable tool which will assist the Court in its consideration of the issue presented in this case.
In the alternative, should the court deny petitioner’s application, leave is requested to have the offending exhibits removed from the petition.
Respectfully submitted.
Date: August 3, 1998 PRENTICE & SCOTT
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LARRY R. SHOCKEY
Attorneys for Plaintiff/Petitioner