In a motion for judgment on the pleadings, does the judge accept as true any of the statements in the answer and of which the trial court took judicial notice?

California, United States of America


The following excerpt is from Birch v. Sharer, B231202 (Cal. App. 2012):

In contrast, we do not accept as true any of the statements in the letters that were attached to the answer and of which the trial court took judicial notice. "A court can properly take judicial notice of the existence of a document, but can take judicial notice only of the truth of the contents of documents such as findings of fact, conclusions of law, orders, and judgments. . . . It is immaterial that if the extrinsic matter is true it would defeat the cause of action, because a [motion for judgment on the pleadings] is not concerned with a party's ability to prove the allegations of the pleading. . . . [] In ruling on a [motion for judgment on the pleadings], it is thus error to take judicial notice of the terms of an ordinary document submitted in support or interpret the terms; 'a court cannot by means of judicial notice convert a [motion for judgment on the pleadings] into an incomplete evidentiary hearing in which the [moving] party can present documentary evidence and the opposing party is bound by what that evidence appears to show.'" (Jamulians Against the Casino v. Dougherty (2012) 205 Cal.App.4th 632, 638, citations omitted.)

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