Gilroy

facts to the court. The fourth and fifth causes of action for intentional and negligent infliction of emotional distress alleged that in filing the marriage dissolution action, Timothy knew it would ruin Julia financially, and his actions intentionally or negligently caused her emotional distress. The sixth cause of action sought partition by sale of the single-family residence.

3 On appeal, Timothy filed a request for judicial notice of 13 documents filed in the dismissed civil action (BC473279). (Evid. Code, § 452, subd. (d).) Julia opposed the motion. We deferred consideration of the request pending a determination of the appeal on its merits. Neither party presented these 13 documents to the trial court in connection with the anti-SLAPP motion. Generally, documents not before the trial court are beyond the scope of appellate review. (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 444, fn. 3.) Although no exceptional circumstances are present here to deviate from the general rule, we take judicial notice that these documents exist in the court files and records for purposes of presenting the background giving rise to the issues presented on appeal.

3 b. …