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McCLAIN v. SAV-ON DRUGS

Non-Title Respondent, California Department of Tax and Fee Administration, Request for Judicial Notice

6 Cited authorities

  1. Loeffler v. Target Corp.

    58 Cal.4th 1081 (Cal. 2014)   Cited 246 times   2 Legal Analyses
    Holding that an alleged overcollection of tax could not serve as a predicate for a California consumer protection claim when a business acted in conformity with governing taxing statutes

  2. Associated Bldrs. Contrs. v. S.F. Airports Commn

    21 Cal.4th 352 (Cal. 1999)   Cited 279 times
    Finding that the requirement that a party be "beneficially interested" is equivalent to the federal "injury in fact" test

  3. Rodas v. Spiegel

    87 Cal.App.4th 513 (Cal. Ct. App. 2001)   Cited 77 times
    Affirming trial court's order sustaining the defendant's demurrer based on admissions in a plaintiff's opposition and observing, "[w]e may, and shall, take judicial notice of admissions in plaintiff's opposition to demurrer"

  4. Diamond National v. State Equalization Bd.

    425 U.S. 268 (1976)   Cited 26 times
    Concluding a bank was exempt from taxes under a federal statute that “was in effect at the time here pertinent”

  5. Rule 8.252 - Judicial notice; findings and evidence on appeal

    Cal. R. 8.252   Cited 594 times

    (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

  6. Rule 8.54 - Motions

    Cal. R. 8.54   Cited 170 times

    (a)Motion and opposition (1) Except as these rules provide otherwise, a party wanting to make a motion in a reviewing court must serve and file a written motion stating the grounds and the relief requested and identifying any documents on which the motion is based. (2) A motion must be accompanied by a memorandum and, if it is based on matters outside the record, by declarations or other supporting evidence. (3) Any opposition must be served and filed within 15 days after the motion is filed. (Subd