A court cannot take judicial notice of a contract between two private parties. Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145.
Evidence Code section 1530 provides, in relevant part, that "(a) A purported copy of a writing in the custody of a public entity . . . is prima facie evidence of the existence and content of such writing . . . if . . . (1) The copy purports to be published by the authority of the. . . public entity. . . (2) . . . and the copy is attested or certified as a correct copy of the writing . . . by a public employee . . . ." (Evid. Code, § 1530, subd. (a)(1) & (2).) Even where properly certfied, courts may generally notice only the existence of official acts and public records, but not the truth of matters stated in them. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063-1064.
Nor should a Court take judicial notice of materials copied from the Internet which is unauthenticated hearsay offered for the truth of the matters con
Hearing Date
July 06, 2010
Category
Civil - Unlimited
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A court cannot take judicial notice of a contract between two private parties. Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145.
Evidence Code section 1530 provides, in relevant part, that "(a) A purported copy of a writing in the custody of a public entity . . . is prima facie evidence of the existence and content of such writing . . . if . . . (1) The copy purports to be published by the authority of the. . . public entity. . . (2) . . . and the copy is attested or certified as a correct copy of the writing . . . by a public employee . . . ." (Evid. Code, § 1530, subd. (a)(1) & (2).) Even where properly certfied, courts may generally notice only the existence of official acts and public records, but not the truth of matters stated in them. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063-1064.
Nor should a Court take judicial notice of materials copied from the Internet which is unauthenticated hearsay offered for the truth of the matters con