Defendants Family Matters In-Home Care, LLC (“FMIHC”), Carol Pardue, Jacob Laffen, James Laffen and Marcus Laffen (collectively, “Defendants”) move to strike the complaint (“Complaint”) filed by plaintiff Kenneth Silverman (“Plaintiff”) in its entirety pursuant to Code of Civil Procedure section 425.16. Alternatively, Defendants demur to the Complaint and each of the ten causes of action asserted therein.
Defendants’ requests for judicial notice are GRANTED IN PART and DENIED IN PART. While the Court may properly take judicial notice of the Complaint as a court document pursuant to Evidence Code section 452, subdivision (d), it may not properly take judicial notice of the existence of a contract between private parties. (Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145.) The requests are GRANTED as to Exhibit A and DENIED as to Exhibit B.
Plaintiff’s request for judicial notice is GRANTED. (Evid. Code, § 452, subd. (d).)
Defendants’ special motion to strike
Hearing Date
July 17, 2018
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Defendants Family Matters In-Home Care, LLC (“FMIHC”), Carol Pardue, Jacob Laffen, James Laffen and Marcus Laffen (collectively, “Defendants”) move to strike the complaint (“Complaint”) filed by plaintiff Kenneth Silverman (“Plaintiff”) in its entirety pursuant to Code of Civil Procedure section 425.16. Alternatively, Defendants demur to the Complaint and each of the ten causes of action asserted therein.
Defendants’ requests for judicial notice are GRANTED IN PART and DENIED IN PART. While the Court may properly take judicial notice of the Complaint as a court document pursuant to Evidence Code section 452, subdivision (d), it may not properly take judicial notice of the existence of a contract between private parties. (Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145.) The requests are GRANTED as to Exhibit A and DENIED as to Exhibit B.
Plaintiff’s request for judicial notice is GRANTED. (Evid. Code, § 452, subd. (d).)
Defendants’ special motion to strike