NATURE OF PROCEEDINGS: HEARING ON DEMURRER [DEFT] JENNIFER AN'I
RULING
The demurrer of defendant Jennifer Ani to the first amended complaint is sustained with leave to amend as to all four causes of action because plaintiff because each cause of action is time-barred pursuant to Code Civ. Proc. §340.6i
Defendant’s requests for judicial notice are granted. (Evidence Code § 452, subd. (d).) Plaintiff objects only to the request for judicial notice of the Judicial Council Substitution of Attorney Form filed in the underlying action, Mendocino Case No. SCTM-CVFL-1565921 . (Ani RJ'N, Ex, A.) Without question, the form is a proper subject of judicial notice Judicial notice of matters upon demurrer will be dispositive only in those instances where there is not or cannot be a factual dispute concerning that which is sought to be judicially noticed (Fremont Indem, Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 113—18; Cruz v. County ofLos Angeles (1985) 173 Ca1.App.3d 1131, 1134.) Here
Hearing Date
July 10, 2020
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NATURE OF PROCEEDINGS: HEARING ON DEMURRER [DEFT] JENNIFER AN'I
RULING
The demurrer of defendant Jennifer Ani to the first amended complaint is sustained with leave to amend as to all four causes of action because plaintiff because each cause of action is time-barred pursuant to Code Civ. Proc. §340.6i
Defendant’s requests for judicial notice are granted. (Evidence Code § 452, subd. (d).) Plaintiff objects only to the request for judicial notice of the Judicial Council Substitution of Attorney Form filed in the underlying action, Mendocino Case No. SCTM-CVFL-1565921 . (Ani RJ'N, Ex, A.) Without question, the form is a proper subject of judicial notice Judicial notice of matters upon demurrer will be dispositive only in those instances where there is not or cannot be a factual dispute concerning that which is sought to be judicially noticed (Fremont Indem, Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 113—18; Cruz v. County ofLos Angeles (1985) 173 Ca1.App.3d 1131, 1134.) Here