Overrule. The demurrer is premised on extrinsic facts that are disputed and outside the scope of the operative complaint. The Court grants the request for judicial notice as to the contractor’s license (Evid. Code., § 452(c)) but the significance of the license and how it relates to this action is a factual matter that may not be resolved in a demurrer. The Court denies the request to take judicial notice of the Cal Fire report, which is not subject to judicial notice and is irrelevant to the demurrer. Demurring parties shall file an answer within 20 days.
Hearing Date
August 10, 2021
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Overrule. The demurrer is premised on extrinsic facts that are disputed and outside the scope of the operative complaint. The Court grants the request for judicial notice as to the contractor’s license (Evid. Code., § 452(c)) but the significance of the license and how it relates to this action is a factual matter that may not be resolved in a demurrer. The Court denies the request to take judicial notice of the Cal Fire report, which is not subject to judicial notice and is irrelevant to the demurrer. Demurring parties shall file an answer within 20 days.