I am a defendant in a civil suit and they denied the motion for judgement because of this
First, the present motion is based in significant part on plaintiff’s request for judicial
notice but plaintiff’s request must be denied because it fails to comply with CRC Rule
3.1306(c) in that plaintiff failed to attach copies of the documents for which judicial
notice is sought.
Second, even if plaintiff’s request for judicial notice were otherwise proper in form,
judicial notice of the identified documents would be limited to their existence and would
not extend to their contents. (See, e.g., Steed v. Department of Consumer Affairs
(2012) 204 Cal.App.4th 112, 120-121; Bach v. McNelis (1989) 207 Cal.App.3d 852,
865 [“There exists a mistakennotion that this means taking judicial notice of the existence of facts asserted in every document of a court file, including pleadings and affidavits. … A court may take judicial notice of the existence of each document in a court file, but can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments.” (Emphasis added).])
This is related to your other question. It really doesn't matter to your case since you won the motion. Not every document that the Court was referred to contained information that the court was obliged to consider as a fact or an admission. That's the main reason you won the motion and will be going to trial, where you may win or may lose.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Judicial notice is an alternative method for the court to consider evidence which is for the most part not disputed. The court may take judicial notice of the contents of a court file and in some circumstances the truth of facts asserted in orders and findings. The court may not take judicial notice of the truth of hearsay statements in decisions and court files and may not take notice of allegations in declarations.
In California, judicial notice covered under California Evidence Code sections 450 through 460. Evidence Code section 450 provides that judicial notice may not be taken of any matter unless authorized or required by law.
Mandatory judicial notice is set forth under Evidence Code section 451, which provides as follows:
"Judicial notice shall be taken of the following:
(a) The decisional, constitutional, and public statutory law of
this state and of the United States and the provisions of any charter
described in Section 3, 4, or 5 of Article XI of the California
(b) Any matter made a subject of judicial notice by Section
11343.6, 11344.6, or 18576 of the Government Code or by Section 1507
of Title 44 of the United States Code.
(c) Rules of professional conduct for members of the bar adopted
pursuant to Section 6076 of the Business and Professions Code and
rules of practice and procedure for the courts of this state adopted
by the Judicial Council.
(d) Rules of pleading, practice, and procedure prescribed by the
United States Supreme Court, such as the Rules of the United States
Supreme Court, the Federal Rules of Civil Procedure, the Federal
Rules of Criminal Procedure, the Admiralty Rules, the Rules of the
Court of Claims, the Rules of the Customs Court, and the General
Orders and Forms in Bankruptcy.
(e) The true signification of all English words and phrases and of
all legal expressions.
(f) Facts and propositions of generalized knowledge that are so
universally known that they cannot reasonably be the subject of
Discretionary judicial notice is covered under Evidence Code section 452, which provides as follows:
"452. Judicial notice may be taken of the following matters to the
extent that they are not embraced within Section 451:
(a) The decisional, constitutional, and statutory law of any state
of the United States and the resolutions and private acts of the
Congress of the United States and of the Legislature of this state.
(b) Regulations and legislative enactments issued by or under the
authority of the United States or any public entity in the United
(c) Official acts of the legislative, executive, and judicial
departments of the United States and of any state of the United
(d) Records of (1) any court of this state or (2) any court of
record of the United States or of any state of the United States.
(e) Rules of court of (1) any court of this state or (2) any court
of record of the United States or of any state of the United States.
(f) The law of an organization of nations and of foreign nations
and public entities in foreign nations.
(g) Facts and propositions that are of such common knowledge
within the territorial jurisdiction of the court that they cannot
reasonably be the subject of dispute.
(h) Facts and propositions that are not reasonably subject to
dispute and are capable of immediate and accurate determination by
resort to sources of reasonably indisputable accuracy."
Procedurally, in order to invoke discretionary judicial notice under California Evidence Code section 452, a party must request it and give each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request. In addition, the requesting party must furnish the court with sufficient information to enable it to take judicial notice of the matter. (Evid. Code section 454).
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
The court takes judicial notice of the existence of the documents but not the truth of what is in them.
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