Jahangiri v. Vahidramezani

the request is GRANTED as to the existence of and legal effects of the records, but not as to the truth of any disputed facts asserted therein. (Ev. Code §452(d) [court records]; Fontenot v. Wells Fargo Bank, NA (2011) 198 Cal.App.4th 256, 264; Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 482.) Defendant has not shown judicial notice of the transcript (Ex. 2) is proper. Defendant’s request for judicial notice as to Exhibit 2 is thus DENIED.

Plaintiffs’ Request for Judicial Notice: To the extent Plaintiffs seek judicial notice of court pleadings, filings, and orders, the request for judicial notice is GRANTED as to the existence of and legal effects of the records, but not as to the truth of any disputed facts asserted therein. (Ev. Code §452(d) [court records]; Fontenot v. Wells Fargo Bank, NA (2011) 198 Cal.App.4th 256, 264; Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 482.) Plaintiffs’ request for judicial notice is DENIED to the extent it seeks judicial notice of declarations and evidentiary materials, including the private investigator report, as Plaintiffs have not shown such materials are proper subjects of judicial notice.

Evidentiary Objections: Defendant’s Objection No. 1 is SUSTAINED. Defendant’s Objection Nos. 2-3 are OVERRULED. Defendant’s Objection Nos. 4-20 are SUSTAINED as to lack of authentication.

Request to Strike, Seal, or Redact (ROA 37): Given the court’s ruling to sustain Defendant’s objections to Plaintiffs’ exhibits, it does not appear to the court that a separate order striking the materials as requested is necessary. To the extent Defendant seeks an order sealing the materials under California Rules of Court, rules 2.550 and 2.551, the request is not properly supported as no declaration was submitted with the request. (See CRC rule 2.551(b)(1) [motion to seal must be accompanied by a declaration containing facts sufficient to justify the sealing].) The request to seal or redact is DENIED without prejudice.