Can a request4 judicial notice be filed in a unlawful detainer case?

Asked over 1 year ago - Los Angeles, CA

Can I ask the court to take notice of the income and expense declarations filed in a divorce action which state the amount of money they spend on rent per month yet they have not paid any rent for the months in question.

Attorney answers (3)

  1. Kamala Maddipoti

    Contributor Level 8

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    Answered . You can use it as an evidence of their monthly rent.

    DISCLAIMER—This answer is for informational purposes only. It doesn't constitute legal advice. This answer doesn't... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . No, you cannot request judicial notice to admit into evidence the income and expense declarations filed in a separate action. Such declarations could possibly used for impeachment, but you won't be able to just ask the court to take judicial notice of the truth of the matters stated in the declarations.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  3. Erin Patricia Farley

    Contributor Level 15

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    Lawyer agrees

    Answered . You probably could enter them, but it's irrelevant. UD actions are highly statute-driven. Tenants either pay the rent, or they don't; if they don't, they have to leave (after proper notice and an opportunity to cure).

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