Defendant Trinity Financial Services, LLC’s Motion for Judgment on the Pleadings as to the Complaint is SUSTAINED in its entirety. Plaintiff has 15 days leave to amend.
Request for Judicial Notice: Defendant’s request for judicial notice for Exhibit Nos. 7-12 is GRANTED. The request is unopposed and proper, and judicial notice is permitted under Evidence Code §§ 452 and 453. The request for judicial notice for Exhibit Nos. 1-6 is DENIED since they are not relevant to the ruling on this motion.
The court takes judicial notice of the existence and filing and/or recordation of these documents, as well as their clear legal effects pursuant to Evidence Code, § 452(c) and (h). (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-265.) However, the court does not take judicial notice of the truth of matters asserted in these documents. (Evid. Code § 452(c), (d). See also, Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 482).
Judicial Estoppel and Res Jud
Hearing Date
March 16, 2020
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Defendant Trinity Financial Services, LLC’s Motion for Judgment on the Pleadings as to the Complaint is SUSTAINED in its entirety. Plaintiff has 15 days leave to amend.
Request for Judicial Notice: Defendant’s request for judicial notice for Exhibit Nos. 7-12 is GRANTED. The request is unopposed and proper, and judicial notice is permitted under Evidence Code §§ 452 and 453. The request for judicial notice for Exhibit Nos. 1-6 is DENIED since they are not relevant to the ruling on this motion.
The court takes judicial notice of the existence and filing and/or recordation of these documents, as well as their clear legal effects pursuant to Evidence Code, § 452(c) and (h). (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-265.) However, the court does not take judicial notice of the truth of matters asserted in these documents. (Evid. Code § 452(c), (d). See also, Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 482).
Judicial Estoppel and Res Jud