Can a motion for judicial notice of the legislative history of the amendment to Section 218.5 be heard on appeal?

California, United States of America


The following excerpt is from Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 19 Cal.App.5th 525, 228 Cal.Rptr.3d 120 (Cal. App. 2018):

10 We note a determination on the question of disqualification may be reviewed only by a writ of mandate (Code Civ. Proc., 170.3, subd. (d) ), though a constitutional challenge asserting judicial bias can be raised on appeal. (People v. Chatman (2006) 38 Cal.4th 344, 362, 42 Cal.Rptr.3d 621, 133 P.3d 534.)

See footnote *, ante .

12 We grant defendants' motion for judicial notice of the legislative history of the amendment to Section 218.5. (Ennabe v. Manosa (2014) 58 Cal.4th 697, 709, fn. 9, 168 Cal.Rptr.3d 440, 319 P.3d 201.)

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