When an argument alleging lack of compliance with the statute of limitations is raised for the first time on appeal, is it appropriate to take judicial notice of pending civil actions?

California, United States of America


The following excerpt is from People v. Thi Le, 65 Cal.App.4th 1223, 77 Cal.Rptr.2d 323 (Cal. App. 1998):

To the contrary, where an argument alleging lack of compliance with a statute of limitations is raised for the first time on appeal, we are entitled to take judicial notice of available factual information that sheds light on the truth. (See, e.g., People v. Park (1978) 87 Cal.App.3d 550, 571, 151 Cal.Rptr. 146 [where the court of appeal took judicial notice of pending civil actions to establish the tolling of the statute of limitations]; Evid.Code, 452, 459.)

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