CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Judicial Notice
......Facts Not Subject to Notice: Examples
.........Miscellaneous
8 Cards On This Topic:
  • Information contained in national legal directory not entitled to judicial notice without foundation.
  • Judicial notice not proper where any doubt as to truth of the fact or of its being common knowledge.
  • Judicial notice could not be taken of declaration averring Ds' complied with CC 2923.5—P's allegations that they did not comply with the statute were sufficient to state a C/A for wrongful foreclosure.
  • Judicial notice not properly taken of the content of a contract with a private bank where the authenticity of the contract was in dispute; SJ for bank improper where P's expert raised triable issues of material fact.
  • As other offenses, properly instructed on as predicate offenses, met definition of a pattern of criminal activity, error in taking judicial notice of possession of an assault weapon prior, and in instructing upon it, was harmless.
  • Trial court ruling on a demurrer cannot take judicial notice of the proper interpretation of a document submitted in support of the demurrer.
  • Uncertified complaint, DA letter and fraud handbook not proper subjects of mandatory or permissive judicial notice, nor were documents for which Ds did not comply with rules for seeking judicial notice.
  • Finding of fact by magistrate not subject to notice.