Legal Question in Civil Litigation in California

Very informative inputs !!!

I wonder what would be the option of the Judge " if a complaint alleged that an oral contract was entered into between Plaintiff and Defendant, in Defendant's offices in the World Trade Center, on September 12, 2001" and the demurring party request judicial notice of this allegation, Suppose the demurring party also request the judicial notice of a fact on the document attached to demurrer which bears the signature of the pilot that flew the jet dated September 12, 2001 alluding to the fact that such contract never existed. As farcical as this might be, real estate documents are now being revealed showing signatures of robo signers as Vice Presidents of MERS endorsing documents on behalf of mortgage bankers who have filed for bankruptsy and gone. I can only see the Judge "sutaining" the demurrer with leave to ammend complaint.


Asked on 9/03/11, 9:24 am

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

That someone has filed for bankruptcy is not a matter of judicial notice unless it is reported on in most of the media. The court, however, can be asked to take judicial notice of the papers filed for bankruptcy as though are documents filed in another court system. But since a person can continue doing business while in bankruptcy proceedings, such evidence does not seem relevant as it proves nothing in issue.

Read more
Answered on 9/03/11, 9:55 am

Such a document could only be judicially noticed for its existence, not the truth of its contents or its signature. So your question is irrelevant to a demurrer. The document may, however, be completely relevant because the fact that it is on file may require the plaintiff to included something in the complaint to deal with it or "plead around" it. That would, however, be a classic case where the demurrer would normally be sustained with leave to amend.

Read more
Answered on 9/03/11, 2:05 pm
Anthony Roach Law Office of Anthony A. Roach

An assignment of a deed of trust is not required when the promissory note is transferred in California, so the fact that someone unauthorized signed an assignment of a deed of trust is irrelevant to determining whether a nonjudicial foreclosure sale is void.

Read more
Answered on 9/07/11, 1:13 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California