Franklin
Franklin v. Community Medical Centers, Inc.
Opinion
Trial Court Opinion
I. INTRODUCTION
19 This matter is before the Court on Defendant Fresno Community Hospital and Medical Center’s (erroneously named as Community Regional Medical Center f/k/a Fresno Community Hospital and Medical Center) motion to compel arbitration, filed October 23, 2019. (Doc. 36.)
23 1 Defendant also filed a Request for Judicial Notice in Support of its Motion to Compel Arbitration (“Request for Judicial Notice”). (Doc. 36-2.) Judicial Notice is governed by Federal Rule of Evidence 201, and only applies to judicial notice of adjudicative facts. “A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.” Fed. R. Evid. 201. In other words, “the fact must be one that only an unreasonable person would insist on disputing.” United States v. Jones, 29 26 F.3d 1549, 1553 (11th Cir. 1994). In its Request for Judicial Notice, Defendant requests that the Court take judicial notice of an unpublished California Court of Appeal…