8 Cited authorities

Jenkins v. JP Morgan Chase Bank, N.A.
216 Cal.App.4th 497 (Cal. Ct. App. 2013) Cited 575 times 6 Legal Analyses
Holding that a loan servicer, as agent for the beneficiary, may record a notice of default and initiate nonjudicial foreclosure
Fontenot v. Wells Fargo Bank, N.A.
198 Cal.App.4th 256 (Cal. Ct. App. 2011) Cited 603 times 4 Legal Analyses
Holding that, while MERS did not have “its own right to assign the note, since it had no interest in the note to assign,” it had the power to assign the note as the lender's “nominee” or “agent”
Alfaro v. Community Housing Improvement System & Planning Association, Inc.
171 Cal.App.4th 1356 (Cal. Ct. App. 2009) Cited 143 times
Finding that it was not necessary for the Plaintiffs to allege the detailed minutiae of how, when, and where certain non-disclosures or concealment took place and that the details of the concealment were "properly the subject of discovery, not demurrer."
Evans v. California Trailer Court, Inc.
28 Cal.App.4th 540 (Cal. Ct. App. 1994) Cited 60 times
Affirming judgment on the pleadings where court took judicial notice of the truth of the matters evidenced by a recorded trust deed
Cal-American Income Property Fund II v. County of Los Angeles
208 Cal.App.3d 109 (Cal. Ct. App. 1989) Cited 16 times
Docket No. B031439. January 31, 1989. Appeal from Superior Court of Los Angeles County, No. C 599 434, Ronald E. Swearinger, Judge. COUNSEL Baker Ancel, Stephens, Berg, Lasater, Schulman Rogers, Mark C. Ancel and Larry S. Dushkes for Plaintiff and Appellant. De Witt W. Clinton, County Counsel, Albert Ramseyer and Orry P. Korb, Deputy County Counsel, for Defendants and Respondents. OPINION ROTH, P.J. — I STATEMENT OF THE CASE Cal-American Income Property Fund II appeals from a decision by the superior
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 29,078 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,753 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 452 - Matters permitting judicial notice
Cal. Evid. Code § 452 Cited 8,110 times 1 Legal Analyses
Permitting notice to be taken of the "[o]fficial acts of the . . . judicial departments . . . of any state of the United States"

Response To Plaintiffs Objection To Request For Judicial Notice

8 Cited authorities

Holding that a loan servicer, as agent for the beneficiary, may record a notice of default and initiate nonjudicial foreclosure

Holding that, while MERS did not have “its own right to assign the note, since it had no interest in the note to assign,” it had the power to assign the note as the lender's “nominee” or “agent”

Finding that it was not necessary for the Plaintiffs to allege the detailed minutiae of how, when, and where certain non-disclosures or concealment took place and that the details of the concealment were "properly the subject of discovery, not demurrer."

Affirming judgment on the pleadings where court took judicial notice of the truth of the matters evidenced by a recorded trust deed

Allowing service by filing papers with the court's electronic-filing system

Permitting notice to be taken of the "[o]fficial acts of the . . . judicial departments . . . of any state of the United States"