Does a properly made request for judicial notice need to be reviewed by a reviewing court?

California, United States of America


The following excerpt is from Vanpelt v. HSBC Bank United States, A148643 (Cal. App. 2017):

2. In general, when the record does not contain an explicit ruling on a properly made request for judicial notice, a reviewing court may assume that the trial court granted the request, particularly if it was unopposed. (Aaronoff v. Martinez-Senfter (2006) 136 Cal.App.4th 910, 918-919.) The documents covered by defendants' request are unnecessary to our decision, however, and we therefore do not discuss them.

Other Questions


How have appellate courts dealt with a request for judicial notice of a motion seeking attorney fees and costs against Respondent to Respondent's request for an anti-SLAPP motion? (California, United States of America)
Does the abuse of review standard apply to any ruling by the trial court on admissibility of evidence including requests for judicial notice? (California, United States of America)
What is the proper procedure for bringing a request for judicial notice before the court? (California, United States of America)
What is the " ripeness requirement" in the context of the California Court of Appeal's decision on a request for a judicial review of an application for a temporary injunction? (California, United States of America)
On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)
What is the test for a judge to determine whether or not to grant a motion for judicial review of a motion requiring a judicial review? (California, United States of America)
What is the test for a review court to order a review of a judgment made by the Superior Court of Appeal? (California, United States of America)
Is a judicial review of a decision of the State Bar recommending disbarment or suspension from practice an analogy between criminal proceedings and the resolution of reasonable doubts in the course of judicial review? (California, United States of America)
In reviewing a lower court's ruling for abuse of power, does the court review the evidence or evaluate the credibility of witnesses? (California, United States of America)
How will the Court of Appeal review the judgment of the Superior Court of Justice in the absence of any review? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.