Is judicial notice properly taken of comments made by an attorney and a judge at a hearing?

California, United States of America


The following excerpt is from Sosinsky v. Grant, 6 Cal.App.4th 1548, 8 Cal.Rptr.2d 552 (Cal. App. 1992):

In People v. Surety Ins. Co., supra, the court held that judicial notice could not properly be taken of the truth of comments made at a hearing by an attorney and a judge. The opinion states that "[a] court cannot take judicial notice of hearsay allegations as being true, just because they are part of a court record or file." (136 Cal.App.3d at p. 564, 186 Cal.Rptr. 385.) This appears to be a correct application of principles of judicial notice.

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