California, United States of America
The following excerpt is from Hensler v. City of Glendale, 32 Cal.Rptr.2d 244, 8 Cal.4th 1, 876 P.2d 1043 (Cal. 1994):
For purposes of review of an order sustaining a demurrer to a complaint, we accept as true all material allegations of the complaint (Shoemaker v. Myers (1990) 52 Cal.3d 1, 7, 276 Cal.Rptr. 303, 801 P.2d 1054) and do not go beyond the face of the complaint and matters of which the trial court took judicial notice. (Evid.Code, 459.) Defendant does not assert that the trial court was requested to and did take judicial notice of the events to which it alludes that are not alleged in the complaint.
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