How have the courts dealt with a motion seeking to reverse a judgment against defendants?

California, United States of America


The following excerpt is from Jamali v. Bank of Am. Home Loans, B256199 (Cal. App. 2016):

As a preliminary matter, plaintiff asserts the judgment must be reversed because defendants failed to request that we take judicial notice of documents already noticed by the trial court. Under Evidence Code section 459, subdivision (a), we are required to judicially notice each matter properly noticed by the trial court. In reviewing the trial court's ruling sustaining the demurrer, we may consider matters that have been judicially noticed. (Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42; Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.)

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