Olson

facts are not subject to reasonable dispute. Lee v. City of Los Angeles, 250 F.3d 668, 688-89 (9th Cir. 2001) (citing Mack v. S. Bay Beer Distrib., 798 F.2d 1279, 1282 (9th Cir. 1986)), overruled on other grounds by Galbraith v. Cty. of Santa 22 Clara, 307 F.3d 1119 (9th Cir. 2002). 23 3 Plaintiff requests that the Court take judicial notice of the DAZN Terms of Use. 24 However, as explained herein, the Court doesn’t reach a determination of whether Defendants complied with these terms, and in addition to not finding the Terms of Use the proper subject of judicial notice, the Court does not consider this document 26 relevant to its present assessment of the issues. Therefore, the Court DECLINES to take judicial notice of this document. The Court similarly DECLINES to take judicial notice of the DAZN Frequently Asked Questions on the DAZN website 28 Declaration of Steven C. Olson (“Olson Decl.”) ¶ 17; Dkt. 11-1, Affidavit of Nicolas J. Gagliardi (“Gagliardi Aff.”) ¶ 13(D).) Plaintiff contends that it had an agreement with DAZN which granted Plaintiff the exclusive commercial distribution rights to the Program and limited DAZN’s internet rights to residences.…