The Motion for Summary Judgment brought by defendant Oetiker, Inc. (Defendant) is GRANTED. Request for Judicial Notice
The Request for Judicial Notice brought by Defendant is GRANTED pursuant to Evidence Code § 452. However, in taking judicial notice of the existence of the recorded documents, the Court is mindful that there is some nuance in determining how far judicial applies. On the one hand, "[a]lthough the existence of a document in the court file may be judicially noticeable, the truth of statements contained therein and their proper interpretation are not subject to judicial notice of those matters are reasonably disputable: 'Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.'" (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2018) ¶ 7:15.10, citing Fremont Indem. Co. v. Fremont Gen. Corp. (2007 148 Cal.App.4th 97, 113, also citing Tenet Healthsystem Dese
Hearing Date
May 16, 2019
Category
Civil - Unlimited
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The Motion for Summary Judgment brought by defendant Oetiker, Inc. (Defendant) is GRANTED. Request for Judicial Notice
The Request for Judicial Notice brought by Defendant is GRANTED pursuant to Evidence Code § 452. However, in taking judicial notice of the existence of the recorded documents, the Court is mindful that there is some nuance in determining how far judicial applies. On the one hand, "[a]lthough the existence of a document in the court file may be judicially noticeable, the truth of statements contained therein and their proper interpretation are not subject to judicial notice of those matters are reasonably disputable: 'Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.'" (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2018) ¶ 7:15.10, citing Fremont Indem. Co. v. Fremont Gen. Corp. (2007 148 Cal.App.4th 97, 113, also citing Tenet Healthsystem Dese