No. S103417 February 19, 2004 Appeal from the Superior Court of the City and County of San Francisco, No. 999134, A. James Robertson II, Judge. Law Offices of Mattaniah Eytan, Mattaniah Eytan, Eric Schenk and Andrea R. Widburg for Defendants and Appellants. Craig K. Martin, in pro. per.; and Melissa L. Foster for Plaintiff and Respondent. WERDEGAR, J. We granted review to resolve a conflict in the lower courts over the proper interpretation of Code of Civil Procedure section 1021.7. The section permits
F069370 08-26-2015 MCMILLIN ALBANY LLC et al., Petitioners, v. The SUPERIOR COURT of Kern County, Respondent; Carl Van Tassell et al., Real Parties in Interest. Borton Petrini, Calvin R. Stead and Andrew M. Morgan, for Petitioners. Donahue Fitzgerald, Kathleen F. Carpenter ; Ware Law, Amy R. Gowan and Dee A. Ware, for California Building Industry Association as Amicus Curiae on behalf of Petitioners. Newmeyer & Dillon, Alan H. Packer, J. Nathan Owens, Paul L. Tetzloff and Jeffrey R. Brower, for Leading
(a)Judicial notice (1) To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order. (2) The motion must state: (A) Why the matter to be noticed is relevant to the appeal; (B) Whether the matter to be noticed was presented to the trial court and, if so, whether judicial notice was taken by that court; (C) If judicial notice of the matter was not taken by the trial court, why the matter is subject to judicial notice