Demurrers to the First Amended Complaint are, in part, SUSTAINED WITH LEAVE TO AMEND and, in part, OVERRULED as set forth more fully below. The Motion to strike is deemed MOOT. The amended complaint is due within 15 days.
Request for Judicial Notice
There does not appear to be a dispute that the documents in Exhibits 1 to 3 are the contracts between the parties – the contracts upon which the complaint is based. As such, the request for judicial notice is granted.
Regarding Exhibit 8, in light of the objections, the letter is not judicially noticeable. (See Ross v. Creel Printing & Publishing Co. (2002) 100 Cal.App.4th 736, 744; Sanchez v. Kern Emergency Medical Transportation Corporation (2017) 8 Cal.App.5th 146, 154.)
Regarding Exhibits 4 through 20, judicial notice can be taken of court records (see Evid. Code § 452(d)), but “while courts are free to take judicial notice of the existence of each document in a court file, including the truth of results reached, they may not take judic
Hearing Date
October 26, 2020
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Demurrers to the First Amended Complaint are, in part, SUSTAINED WITH LEAVE TO AMEND and, in part, OVERRULED as set forth more fully below. The Motion to strike is deemed MOOT. The amended complaint is due within 15 days.
Request for Judicial Notice
There does not appear to be a dispute that the documents in Exhibits 1 to 3 are the contracts between the parties – the contracts upon which the complaint is based. As such, the request for judicial notice is granted.
Regarding Exhibit 8, in light of the objections, the letter is not judicially noticeable. (See Ross v. Creel Printing & Publishing Co. (2002) 100 Cal.App.4th 736, 744; Sanchez v. Kern Emergency Medical Transportation Corporation (2017) 8 Cal.App.5th 146, 154.)
Regarding Exhibits 4 through 20, judicial notice can be taken of court records (see Evid. Code § 452(d)), but “while courts are free to take judicial notice of the existence of each document in a court file, including the truth of results reached, they may not take judic