Defendants. Date Action Filed: May 17,200O. JAN 1 0 ZooI

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1 0 MARK D. ROSENBAUM (BAR NO. 0) CATHERINE E. LHAMON (BAR NO. ) PETER J. ELIASBERG (BAR NO. 0) ROCIO L. CORDOBA (BAR NO. 0) ACLU Foundation of Southern California Beverly Boulevard Los Angeles, California 00 Telephone: ( ) -00 JACK W. LONDEN (BARNO. ) MICHAEL A. JACOBS (BAR NO. ) MATHEW I. KREEGER (BAR NO. ) ALISON M. TUCHER (BAR NO. ) LOIS K. PERRIN (BAR NO. ) AMY M. KOTT (BAR. NO. 0) Morrison & Foerster LLP Market Street San Francisco, California 0- Telephone: ( ) -000 ALAN SCHLOSSER (BAR NO. ) MICHELLE ALEXANDER (BAR NO. 0) ACLU Foundation of Northern California Mission Street, Suite 0 San Francisco, California 0 Telephone: ( ) l- JOHN T. AFFELDT (BAR NO. 0) THORN NDAIZEE MEWEH (BAR NO. ) Public Advocates, Inc. Mission Street San Francisco, California 0 Telephone: () l-0 [Additional Counsel Listed on Signature Page] Attorneys for Plaintiffs ELIEZER WILLIAMS, etc., et al. JAN 0 ZooI 0 SUPERIOR COURT OF THE STATE OF CALIFORNIA ELIEZER WILLIAMS, a minor, by Sweetie Williams, his guardian ad litem, et al., each individually and on behalf of all others similarly situated, Plaintiffs, STATE OF CALIFORNIA, DELAINE EASTIN, State Superintendent of Public Instruction, STATE DEPARTMENT OF EDUCATION, STATE BOARD OF EDUCATION, Defendants. COUNTY OF SAN FRANCISCO No. [CLASS ACTION] _. PLAINTIFFS NOTICE OF MOTION AND MOTION TO STRIKE CROSS- COMPLAINT Hearing Date: February,00l Time: :0 a.m. Department:, Hall of Justice Judge: Peter J. Busch Date Action Filed: May,00O sf- 0

2 0 STATE OF CALIFORNIA, V. Cross Complainant, SAN FRANCISCO UNIFIED SCHOOL DISTRICT, a school district, WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT, a school district, OAKLAND UNIFIED SCHOOL DISTRICT, a school district, RAVENSWOOD CITY ELEMENTARY SCHOOL DISTRICT, a school district, CAMPBELL UNION ELEMENTARY SCHOOL DISTRICT, a school district, CLOVERDALE UNIFIED SCHOOL DISTRICT, PIONEER UNION ELEMENTARY SCHOOL DISTRICT, a school district, PAJARO VALLEY UNIFIED SCHOOL DISTRICT, a school district, FRESNO UNIFIED SCHOOL DISTRICT, a school district, VISALIA UNIFIED SCHOOL DISTRICT, a school district, MERCED CITY ELEMENTARY SCHOOL DISTRICT, a school district, ALHAMBRA CITY HIGH SCHOOL DISTRICT, a school district, ALHAMBRA CITY HIGH SCHOOL DISTRICT, a school district, LOS ANGELES UNIFIED SCHOOL DISTRICT, a school district, MONTEBELLO UNIFIED SCHOOL DISTRICT, a school district, LYNWOOD UNIFIED SCHOOL DISTRICT, a school district, INGLEWOOD UNIFIED SCHOOL DISTRICT, a school district, LONG BEACH UNIFIED SCHOOL DISTRICT, a school district Cross-Defendants. 0 sf-0

3 TO ALL DEFENDANTS, CROSS-DEFENDANTS, AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE THAT on February,00, at :0 a.m., or as soon thereafter as counsel may be heard in Department, Hall of Justice, of the above-entitled Court, San Francisco, California, pursuant to California Code of Civil Procedure $ and, plaintiffs Eliezer Williams, et al. ( plaintiffs ) will, and hereby do, move this court for an order striking the cross- 0 complaint filed by defendants State of California, State Department of Education, State Board of Education, and the State Superintendent of Public Instruction ( Motion to Strike ). This Motion to Strike is based on this Notice of Motion, the Motion, the supporting Memorandum of Points and Authorities, filed concurrently herewith, the complete files and records in this action, and any other evidence and argument that may be presented to the Court at the hearing on this matter. 0 Dated: January 0,00 MARK D. ROSENBAUM CATHERINE E. LHAMON PETER J. ELIASBERG ROCIO L. CORDOBA ACLU FOUNDATION OF SOUTHERN CALIFORNIA JACK W. LONDEN MICHAEL A. JACOBS MATTHEW I. KREEGER ALISON M. TUCHER LOIS K. PERRIN AMY M. KOTT MORRISON & FOERSTER LLP ALAN SCHLOSSER MICHELLE ALEXANDER ACLU FOUNDATION OF NORTHERN CALIFORNIA JOHN T. AFFELDT THORN NDAIZEE MEWEH PUBLIC ADVOCATES, INC. By: Mark D. Rost?nbaum Attorneys for Plaintiffs ELIEZER WILLIAMS, etc., et al. sf- 0

4 ANTHONY L. PRESS (BAR NO. 0) BENJAMIN J. FOX (BARNO. ) CHRISTINA L. CHECEL (BAR NO. ) MORRISON & FOERSTER LLP West Fifth Street, Suite 00 Los Angeles, California 00-0 Telephone: ( ) -00 LEW HOLLMAN (BAR NO. 0) LAURA DIAMOND (BAR NO. 0) Center for Law in the Public Interest 0 West Pica Boulevard, Third Floor Los Angeles, California 00 Telephone: ( 0) ROBERT RUBIN (BAR NO. 0) IVY LEE (BARNO. 0) Lawyers Committee for Civil Rights of the San Francisco Bay Area 0 Mission Street, Suite 00 San Francisco, California 0 Telephone: () - ROBERT M. MYERS (BAR NO. ) Newman, Aaronson, Vanaman 00 Ventura Boulevard Sherman Oaks, California Telephone: ( ) 0- STEWART KWOH (BAR NO. 0) JULIE A. SU (BAR NO. ) Asian Pacific American Legal Center Wilshire Boulevard, Second Floor Los Angeles, California 00 Telephone: () -00 KARL M. MANHEIM (BAR NO. ) ALLAN IDES (BAR NO. 0) Loyola Law School South Albany Street Los Angeles, California 00 Telephone: ( ) -l 000 JORDAN C. BUDD (BAR NO. ) ACLU of San Diego and Imperial Counties West Beech Street San Diego, California 0 Telephone: ( ) - [List continues on following page] sf-0

5 . I. Additional Attorneys for Plaintiffs PETER B. EDELMAN, Of Counsel Georgetown University Law Center F StreetNW Washington, DC 000 Telephone: (0) -0 THOMAS A. SAENZ (BAR NO. 0) HECTOR 0. VILLAGRA (BAR NO. ) Mexican American Legal Defense and Educational Fund South Spring Street, lth Floor Los Angeles,.Califomia 00 Telephone: ( ) - Lead Attorneys for Plaintiff Subclass 0 0 sf- 0