Pavlik
Pavlik v. Thompson CA5
Opinion
Opinion
DISCUSSION
I. Request for Judicial Notice
Husband filed a request that we take judicial notice of the record on appeal in a related action in this court involving husband, Thompson v. Lujan, case No. F071658. On appeal, the court may take judicial notice of any matter specified in Evidence Code section 452. (Evid. Code, § 459.) Under that section, the appellate court has discretion to take judicial notice of specified matters, including records of any court in this state. (Evid. Code, § 452, subd. (d).) In the motion requesting judicial notice, the party must state why the matter is relevant to the appeal. (Cal. Rules of Court, rule 8.252(a)(2)(A).) The reviewing court may deny the request for judicial notice if the matter that is the subject of the request is not shown to be relevant to the issues on appeal. (See Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 544, fn. 4; Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194.) Husband has not demonstrated that the content of the appellate record in the other case is relevant to the issues raised in this appeal. Accordingly, we deny husband’s October 23, 2015, request for judicial notice.