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Summary judgment question

San Luis Obispo, CA |

Defendants filed a motion for summary judgment against me, one of their undisputed material facts was that I filed the complaint ,and a copy of my complaint is judicially noticed.
But I also filed an amended complaint.
Why would the complaint be an undisputed material fact and why would it be judicially noticed?
And why the complaint but not the amended complaint?

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Attorney answers 3

Best Answer

Without knowing more about the Motion for Summary Judgment, it is hard to say why they want the court to look at the original complaint. It could be that they want to court to pay attention to the filing date, or your complaint may contain a material admission.


Without having read the motion for summary judgment or the complaint, we'd be speculating as to why the defendants requested the court to take judicial notice of your original complaint.

Typically, the moving party may want the court to take judicial notice of the fact that the complaint was filed on a certain date (but not for the truth of the matters alleged in the complaint, since a complaint is not evidence anyway).

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 for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.


As Attorney Chen notes, it would be a speculation to guestimate why defendants chose to ask the court to judicially notice the complaint. It is necessary to review the summary judgment papers before your question can be answered. I will note that it was probably unnecessary for the defedants to aks the court to take judicial notice of a pleading that is already part of the court's file.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

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