Judge: Peter A. Hernandez, Case: 23PSCV02690, Date: 2024-07-22 Tentative Ruling
Case Number: 23PSCV02690 Hearing Date: July 22, 2024 Dept: K
Defendant Neptune
Shipping Limited’s Motion for Request for Judicial Notice is summarily DENIED.
Background
Plaintiff is a purveyor of pillows and
fabrics for home/residential use and is the consignee of certain products
ordered from China. On October 19, 2021, Plaintiff received notice of arrival
of a shipment of partially manufactured products, with transportation processed
by Neptune Shipping Limited (“Neptune”). Neptune first placed the shipment with
a more expensive boat but subsequently substituted ships while using the more
expensive price to bill Plaintiff. Plaintiff confronted Neptune about this overcharge.
Neptune withheld the products from Plaintiff until Plaintiff paid the inflated
price.
On January 29, 2024, Plaintiff filed a First Amended Complaint, asserting causes of action against Neptune and Does 1-5 for:
1.
Fraud and Constructive Fraud
2.
Extortion
3.
Conversion
4.
Negligent Misrepresentation
5.
Unjust Enrichment
6.
Unfair Business Practices
A Case Management Conference is set for September 3, 2024.
Legal Standard
Under the Evidence Code:
Judicial notice may be taken of the
following matters to the extent that they are not embraced within Section 451:
. . .
(c)
Official acts of the legislative,
executive, and judicial departments of the United States and of any state of
the United States.
(d)
Records of
(1)
any court of this state or
(2)
any court of record of the United
States or of any state of the United States. . .
(h) Facts and
propositions that are not reasonably subject to dispute and are capable of
immediate and accurate determination by resort to sources of reasonably
indisputable accuracy.
(Evid.
Code § 452).
“The trial court shall take judicial notice of any matter specified in Section 452 if a party requests it and [] [g]ives each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request; and [] [f]urnishes the court with sufficient information to enable it to take judicial notice of the matter.” (Evid. Code § 453). “Any request for judicial notice must be made in a separate document listing the specific items for which notice is requested and must comply with rule 3.1306(c).” (Cal. Rules of Court, rule 3.1113(l).)
“A party requesting judicial notice of material under Evidence Code sections 452 or 453 must provide the court and each party with a copy of the material. If the material is part of a file in the court in which the matter is being heard, the party must: (1) Specify in writing the part of the court file sought to be judicially noticed; and (2) Either make arrangements with the clerk to have the file in the courtroom at the time of the hearing or confirm with the clerk that the file is electronically accessible to the court.” (Cal. Rules of Court, rule 3.1306(c).)
Discussion
Neptune moves the court, pursuant to Evidence Code §§ 450 et seq. and California Rules of Court rules 3.1113(l) and 3.1306(c), to take judicial notice of certain documents.
Neptune’s motion is summarily denied. The court is unaware of any legal basis for filing a standalone “Motion for Request for Judicial Notice.”