Relevant Evidence Code ProvisionsThe starting point is California Evidence Code section 451. It provides six subcategories of matter that shall be judicially noticed. Next, California Evidence Code section 452 provides additional categories of matter that may be judicially noticed to the extent they are not embraced within section 451. Ultimately, an appellate court may take judicial notice of the matter embraced within either sections 451 or 452, to the same extent that a trial court could notice the same matter. (Cal. Evid. Code, § 459.)Mandatory Judicial NoticeMatter that appellate courts must judicially notice includes: (1) each matter properly noticed by the trial court; and, (2) each matter that the trial court was required to notice under California Evidence Code sections 451 or 453. (Cal. Evid. Code, § 459, subd. (a).)The first category of mandatory subject matter can be somewhat confusing.