Quinlan

I. BACKGROUND

Circumstances require us to discuss in some detail the evidence presented at trial.1 Since 1974, Paxton has lived in an apartment building located in San Francisco’s Pacific

1 Paxton requests that we take judicial notice of 10 items. He acknowledges that nine of the items were not admitted into evidence at trial, but argues those items would allow this court “greater resources to make an accurate ruling in this appeal.” A “ ‘court will not normally take judicial notice of matters which were not brought to the attention

1 Heights neighborhood. Built around 1906, the apartment building was completely renovated before Paxton moved in. Paxton’s apartment has three bedrooms, a western bathroom with a bathtub, and an eastern bathroom with a shower stall. The eastern bathroom is 27 square feet in size, and in 1986 the shower had tile walls, a simple shower head with two knobs, a terrazzo shower pan, and a door made of nontempered glass. The bathroom also had a small sink, toilet, and tile floor. In about 1986, Paxton settled pending litigation with his then-landlord by negotiating favorable terms in a lease that was later recorded. Pertinent here is a provision…