Courts also consider whether the party to be estopped had a full and fair opportunity to litigate the issue. (Gottlieb v. Kest (2006) 141 Cal.App.4th 110, 147-148. PDF Leona Valley I a Community Newsletter November Cherry Chapters (Association of Community Organizations for Reform Now v. Department of Industrial Relations (1995) 41 Cal.App.4th 298, 302.). Accordingly, judicial notice of Exhibit B is denied. Respondents contend Petitioner seeks to undermine the same project approvals litigated in the prior actions. .. (RJN Ex. at 754.) To take judicial notice of a document, the document must be properly authenticated by a qualified witness. Respondents also argue the Petition is barred by res judicata, collateral estoppel and/or retraxit. (Evid. Leon Valley, TX 78238 | (210) 684-1391 . While the court has taken judicial notice of the Settlement Agreement and its contents, the court cannot take judicial notice of the Settlement Agreements interpretation or effect. 18 [Amended Index to Administrative Record, Items 32-41].) As noted at previous hearing, the court reviewed Petitioners Opening Brief. ), Exhibit H: The City and Real Party request for judicial notice of the business records from the California Secretary of State is granted. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117-1118. (Evid. A demurrer tests the sufficiency of a pleading, and the grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. (. It is made up of democratically elected volunteers who serve as a liaison for the Leona Valley residents to various governmental agencies. Respondents request for judicial notice of the Memorandum of Agreement of Compromise, Settlement and Release, recorded on February 21, 1995 is granted pursuant to Evidence Code section 452, subdivision (h). Respondents request for judicial notice of the Second District Court of Appeals dockets for Los Angeles Superior Court Case No. (Fremont Indemnity Co. v. Fremont General Corp., supra, 148 Cal.App.4th at 115.) (Pub. ), Petitioner contends the court should enter judgment in its favor here as a sanction under Public Resources Code section 21167.6, subdivision (d). 2. Based on the foregoing, the court is inclined to agree that conditions of the Settlement Agreement were rationally related to legitimate government interest and the benefit conferred. "You've just got to accept it . ), On February 10, 2022, the Citys planning commission approved Phase 1A of the Projectafter determining no environmental analysis was necessary. Based on the foregoing, the demurrer is overruled. PC-2022- 008 (Approved February 10, 2022); Planning Commission Resolution No. Town Councils Give Communities a Chance to Be Heard - Los Angeles Times While we may not judicially notice the truth of any statement in these materials, we may take notice of the fact that they were made to the public.]). By its terms, the City made project concessionspresumably desired by Petitionerin exchange for Petitioners agreement to settle its claims. Despite its limited utility on demurrer, the court takes judicial notice of the fact of the 1995 Staff Report. (City of Ceres v. City of Modesto (1969) 274 Cal. LISA SHEHEE HIGGINS VS AVIS BUDGET GROUP, INC., ET AL. [Citation. While Respondents contend the Settlement Agreement is not ambiguous[8] and the Court may properly take judicial notice of the contents of the agreement to determine, as a matter of law, whether the release bars the Petition, Respondents positionin the context of a demurrerprovides no opportunity for Petitioner to demonstrate a latent ambiguity with extrinsic evidence assuming no patent ambiguity exists. 2 [judicial notice of docket entries on trial court's public website].). For a court to take judicial notice of the meaning of a document submitted by a demurring party based on the document alone, without allowing the parties an opportunity to present extrinsic evidence of the meaning of the document, would be improper. (Taggart Decl., 2, Ex. If you do not agree with these terms, then do not use our website and/or services. (Evid. (d). And the best part of all, documents in their CrowdSourced Library are FREE! The City and Real Partys request for judicial notice of the Memorandum of Agreement of Compromise, Settlement and Release recorded on February 21, 1995 is granted. To be clear, this order is without prejudice to the City and Real Party seeking leave to move the court to allow consideration of the supplement to the administrative record or the corrected administrative record in these proceedings. Code, 452, subd. (See. The Settlement Agreement defined Project Approvals as follows: (d) These CITY and Waterworks actions and the Application Approvals[4] in connection with the Ritter Ranch Project and Amargosa Creek Improvement Project and any future governmental approvals with respect to the Ritter Ranch Project and the Amargosa Creek Improvement Project which are in conformance with these CITY and Waterworks actions and the Application Approvals . The City explains good cause for doing so exists because the Citys originally certified record inadvertently omitted various documents that the California Environmental Quality Act (CEQA) statutorily requires to be included in the administrative record.[1] (Motion 3:12-15.) The City and Real Party cite paragraphs 12 to 17 of the petition as well as Exhibits L and M in their request for judicial notice to support their position. Contrary to the arguments of the City and Real Property, this document prepared by one private entity for another private entity is neither a legislative enactment nor an official act. of Fish and Game), and a 401 Permit (Water Quality Control Board). (Evid. While the court takes judicial notice of the document, the court does not take judicial notice of the documents interpretation or effect. The Town Council is expected to accept the settlement in the coming weeks. . [Citation.] Leona Valley Town Council Profile and History - Datanyze (RJN Ex. ] (, Here, Petitioners contradictory interpretation creates a reasonable dispute as to the parties intent and the scope of the release in the Settlement Agreement. The request for judicial notice is denied in its entirety. Nonetheless, the court does not take judicial notice of the effect of the Settlement Agreement, which is reasonably subject to disputeas discussed below. The Leona Valley Town Council was formed in 1989 at the suggestion of Los Angeles County Supervisor Mike Antonovich. The Registered Agent on file for this company is Judith Anaya and is located at 8367 Elizabeth Lake Rd., Leona Valley, CA 93551. In conformance with the Specific Plan and the EIR, RITTER has submitted the following applications with respect to the Ritter Ranch Project: a 404 Permit (U.S. Army Corp of Engineers), a 1601 Permit (California Dept. The purpose of the Leona Valley Town Council is to act as a representative body for the community. of Fish and Game), and a 401 Permit (Water Quality Control Board). (Chacon v. Union Pacific Railroad (2020) 56 Cal.App.5th 565, 572.) Brokerage (1986) 184 Cal.App.3d 369, 374. An issue is actually litigated [w]hen [it] is properly raised, by the pleadings or otherwise, and is submitted for determination, and is determined . (c). (Id. Code, 452, subd. The statute provides: [i]f the public agency fails to prepare and certify the record within the time limit established in paragraph (1) of subdivision (b) [of Public Resources Code section 21167.6], or any continuances of that time limit, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. (Pub. As the cross-complaints do not seek writ relief and pray for damages, the cross-complaints are not properly heard in the writs and receivers departments of this court. Coffee with the Mayor and City Council 9:00am. [9] (Cal. The court finds LandWatch San Luis Obispo County v. Cambria Community Services Dist. Town Council Sues to Stop Tract : Development: Leona Valley officials The Public Resources Code requires the City to prepare and certify the record of proceedings. Leona Valley Improvement Association meetings are held in the Community Building, 8367 Elizabeth Lake Road. Ins. The City and Real Party, however, cite no legal authority to support their position. The City and Real Partys request judicial notice of the Citys Ordinance 964, through which the Palmdale City Council approved the Ritter Ranch Specific Plan (90-4) on March 3, 1992 and (ii) an excerpt from the Ritter Ranch Specific Plan 90-4, Exhibit 20E, showing Planning Area 5 is granted. VS LOS ANGELES COUNTY SHERIFF?S DEPARTMENT, A PUBLIC ENTITY, ET AL. Its position can be summarized in three categories: depreciation; expenses including taxes other than on income . Respondent, City of Palmdale and Real Party in Interest, RdR Development Holdings, LLC, demur to the petition. 2022-10-26, California Supreme Court | Other | ), The City moves to correct its previously certified administrative record. Petitioner, Leona Valley Town Council, moves to strike the supplement to the administrative record filed by Respondent, the City of Palmdale, after Petitioner filed its opening brief. Petitioner concedes the existence of the minutes is not reasonably subject to dispute. STAY OF ALL PROCEEDINGS ON CLAIMS IN CROSS-COMPLAINTS. Notice - NOTICE OF RECERTIFICATION OF CORRECTED ADMINISTRATIVE RECORD, Notice - NOTICE OF RULING ON MOTION TO CORRECT AND RECERTIFY ADMINISTRATIVE RECORD, Order Appointing Court Approved Reporter as Official Reporter Pro Tempore, Order - ORDER GRANTING MOTION TO CORRECT AND RECERTIFY THE ADMINISTRATIVE RECORD, Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; HEARING ON MOTION TO CORRECT AND RE), Notice of Lodging - NOTICE OF LODGING CORRECTED ADMINISTRATIVE RECORD, Reply - REPLY RESPONDENTS' REPLY IN SUPPORT OF MOTION TO CORRECT AND RECERTIFY THE ADMINISTRATIVE RECORD, Opposition - OPPOSITION PETITIONERS OPPOSITION TO MOTION TO CORRECT AND RE-CERTIFY THE ADMINISTRATIVE RECORD, Declaration - DECLARATION OF ELLIS RASKIN IN SUPPORT OF PETITIONERS OPPOSITION TO MOTION TO CORRECT AND RE-CERTIFY THE ADMINISTRATIVE RECORD, Declaration - DECLARATION OF KIMBERLY HALL BARLOW IN SUPPORT OF RESPONDENT'S MOTION TO CORRECT AND RE-CERTIFY THE ADMINISTRATIVE RECORD, Motion re: - MOTION RE: MOTION TO CORRECT AND RE-CERTIFY THE ADMINISTRATIVE RECORD, Minute Order - MINUTE ORDER (HEARING ON PETITION FOR WRIT OF MANDATE; HEARING ON MOTION TO), Order - ORDER GRANTING THE MOTION TO STRIKE; ORDER DENYING MOTION FOR JUDGMENT, Notice of Lodging - NOTICE OF LODGING NOTICE OF LODGING OF ADMINISTRATIVE RECORD MATERIALS AND UNAUTHORIZED SUPPLEMENT TO ADMINISTRATIVE REC, Proof of Service (not Summons and Complaint), Declaration - DECLARATION DECLARATION OF ALENE M. TABER, Cases involving court petitions for writ of mandamus. ), Scott v. JP Morgan Chase Bank, N.A., supra, 214 Cal.App.4th at 743 does not allow a court to take judicial notice of a contract between private parties or of a contract not created through an official act. The Citys actions here shifted all obligation to Petitioner to seek some remedy from the court where Petitioner relied upon the then certified administrative record in its Opening Brief, and part of that argument noted omissions of signed resolutions in the certified administrative record. Petitioner also seeks judgment in its favor based on the Citys alleged preparation of a legally inadequate record. Certainly, [a]fter an administrative record is certified and lodged, disputes over its contents at times arise. (, Though the statute does not identify who makes the determination of the completeness of the administrative record, we interpret the statutory phrase to include the action taken by the trial court to resolve disputes between the parties over what should be included in, or excluded from, the administrative record. Petitioner moves to strike the Citys supplement to the administrative record served on January 20, 2023, 14 days after Petitioner filed its opening brief and just over five weeks before trial on the petition. Code 452, subd. Respondents request for judicial notice of the recorded deeds for the property from 1990 to 1995 is granted pursuant to Evidence Code section 452, subdivisions (c). However, the developer, in separate negotiations with Leona Valley, also agreed to prepare a new Environmental Impact Report and . The request for judgment is denied. PDF Leona Valley Town Council Bylaws - IA Rugby.com There are no events today. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117-1118 [proper for trial court to take judicial notice of existence and effect of recorded document]; West v. JPMorgan Chase Bank, N.A. The court may take judicial notice of the recorded document but not the truth of the matters contained therein. Code 452, subd. [1] The court notes Petitioners Opening Brief asserts the final resolutions and will serve letters related to water are not in the administrative record. Resources Code, 15 [Public Resources Code references to shall are mandatory]. The court may take judicial notice of the recorded deed and its legal effect. Location: People at location: North America: 4: . Leona Valley Town Council Business Data P.O. [7] The court agrees the scope of the term Settled Dispute is arguably unclear in the context of the Settlement Agreement as a whole. Resources Code, 21167.6, subd. (b). ), As noted, on January 6, 2023, Petitioner filed its Opening Brief. 2023-02-23, Los Angeles County Superior Courts | Personal Injury | The Leona Valley Town Council was formed in 1989 at the suggestion of Los Angeles County Supervisor Mike Antonovich. Council (the Utility Workers Union of America, AFL-CIO), the City of Visalia, the County of Kern, the County of Lake, Mr. Timothy Groover-Merrick (customer in the Kern River Valley District), the Leona Valley Town Council ("LVTC"), and Mr. Jeffrey Young (customer in the Coast Springs area of the Redwood Valley District) (jointly, They may have been associated with this organization before or after this year as well. Town Council - Fairview, Texas . [Citations. The Leona Valley Town Council meets at 7:00 p.m. on the second Monday of every month at the Leona Valley Community Building located at 8367 Elizabeth . As noted above (assuming the authentication issue is ignored), the court has taken judicial notice of the Settlement Agreement and its contents onlynot the Settlement Agreements interpretation or effect. 550 Costa Mesa, CA 92626 . Petitioner argues the Declaration of Winston P. Strombergattorney at the firm of Latham & Watkins LLP and counsel of record for Real Partyis inadequate to authenticate these records. Respondents request for judicial notice of excerpts of the City Councils agenda materials for the April 20, 2022 City Council meeting is denied. Petitioner contends the prejudice it has suffered requires an appropriate sanctionjudgment in its favor against the City and Real Party. ), The City and Real Parties request the court to assume without allegations or judicially noticeably documents to assume this action and the previous actions (MC002898 on or about April 4, 1992 and MC003201 on or about June 23, 1992) involve the same claims and issues. Nonetheless, assuming the court is permitted to take judicial notice of this document pursuant to Evidence Code section 452, subdivision (c), the court may not take judicial notice of the truth of its assertions and findings. (c). Petitioner otherwise makes no complaint about the administrative record in its Opening Brief. (c).) (Pet., 14.) 89-02, EIR No. Therefore, they claim Petitioners claims are barred by res judicata and collateral estoppel. For purposes of the demurrer, the court finds the unconstitutional conditions doctrine does not apply under these facts. PDF Motion to Adopt Proposed Settlement - California Water Service Or, in other words, the condition is one that would have constituted a taking of property without just compensation if it were imposed by the government on a property owner outside of the permit process. (California Building, supra, 61 Cal.4th at pp. It was the first Town Council in Antelope Valley and most other local communities have now formed their own Town Councils. . Our Town Council is here for you. Leona Valley, California - Wikipedia (d), 459, subd. 6400 El Verde Road, Leon Valley, TX 78238 | (210) 684-1391 | Staff Directory HOURS: MON - THU: 7:30 AM - 6:00 PM, FRI: 8:00 AM - 5:00 PM. (Evid. The court may take judicial notice of the recorded document but not the truth of the matters contained therein. . (c).). LEONA VALLEY TOWN COUNCIL A CALIFORNIA NON-PROFIT CORPORATION, CITY OF PALMDALE CITY COUNCIL IN THEIR OFFICIAL CAPACITY, 4/24/2023: Notice - NOTICE OF RECERTIFICATION OF CORRECTED ADMINISTRATIVE RECORD, 3/27/2023: Notice - NOTICE OF RULING ON MOTION TO CORRECT AND RECERTIFY ADMINISTRATIVE RECORD, 3/22/2023: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore, 3/22/2023: Order - ORDER GRANTING MOTION TO CORRECT AND RECERTIFY THE ADMINISTRATIVE RECORD, 3/22/2023: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; HEARING ON MOTION TO CORRECT AND RE), 3/20/2023: Notice of Lodging - NOTICE OF LODGING CORRECTED ADMINISTRATIVE RECORD, 3/20/2023: Reply - REPLY RESPONDENTS' REPLY IN SUPPORT OF MOTION TO CORRECT AND RECERTIFY THE ADMINISTRATIVE RECORD, 3/15/2023: Opposition - OPPOSITION PETITIONERS OPPOSITION TO MOTION TO CORRECT AND RE-CERTIFY THE ADMINISTRATIVE RECORD, 3/15/2023: Declaration - DECLARATION OF ELLIS RASKIN IN SUPPORT OF PETITIONERS OPPOSITION TO MOTION TO CORRECT AND RE-CERTIFY THE ADMINISTRATIVE RECORD, 3/2/2023: Declaration - DECLARATION OF KIMBERLY HALL BARLOW IN SUPPORT OF RESPONDENT'S MOTION TO CORRECT AND RE-CERTIFY THE ADMINISTRATIVE RECORD, 3/2/2023: Motion re: - MOTION RE: MOTION TO CORRECT AND RE-CERTIFY THE ADMINISTRATIVE RECORD, 3/1/2023: Minute Order - MINUTE ORDER (HEARING ON PETITION FOR WRIT OF MANDATE; HEARING ON MOTION TO), 3/1/2023: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore, 3/1/2023: Order - ORDER GRANTING THE MOTION TO STRIKE; ORDER DENYING MOTION FOR JUDGMENT, 2/21/2023: Notice of Lodging - NOTICE OF LODGING NOTICE OF LODGING OF ADMINISTRATIVE RECORD MATERIALS AND UNAUTHORIZED SUPPLEMENT TO ADMINISTRATIVE REC, 2/21/2023: Proof of Service (not Summons and Complaint), 2/21/2023: Declaration - DECLARATION DECLARATION OF ALENE M. TABER, Hearing10/20/2023 at 09:30 AM in Department 86 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Petition for Writ of Mandate, DocketNotice OF RECERTIFICATION OF CORRECTED ADMINISTRATIVE RECORD; Filed by: CITY OF PALMDALE CITY COUNCIL IN THEIR OFFICIAL CAPACITY (Defendant); CITY OF PALMDALE (Defendant), DocketNotice of Ruling on Motion to Correct and Recertify Administrative Record; Filed by: CITY OF PALMDALE CITY COUNCIL IN THEIR OFFICIAL CAPACITY (Defendant); CITY OF PALMDALE (Defendant); As to: LEONA VALLEY TOWN COUNCIL, a California Non-Profit Corporation (Petitioner), DocketUpdated -- Motion re: Motion to Correct and Re-Certify the Administrative Record: Filed By: CITY OF PALMDALE CITY COUNCIL IN THEIR OFFICIAL CAPACITY (Defendant),CITY OF PALMDALE (Defendant); Result: Granted ; Result Date: 03/22/2023, DocketHearing on Petition for Writ of Mandate scheduled for 10/20/2023 at 09:30 AM in Stanley Mosk Courthouse at Department 86, DocketOrder Granting Motion to Correct and Recertify the Administrative Record; Filed by: Clerk, DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore; Filed by: RDR Development Holdings, LLC (Real Party in Interest), DocketMinute Order (Trial Setting Conference; Hearing on Motion to Correct and Re), DocketTrial Setting Conference scheduled for 03/22/2023 at 09:30 AM in Stanley Mosk Courthouse at Department 86 updated: Result Date to 03/22/2023; Result Type to Held, DocketHearing on Motion - Other to Correct and Re-Certify the Administrative Record scheduled for 03/22/2023 at 09:30 AM in Stanley Mosk Courthouse at Department 86 updated: Result Date to 03/22/2023; Result Type to Held - Motion Granted, DocketProof of Service (not Summons and Complaint); Filed by: LEONA VALLEY TOWN COUNCIL, a California Non-Profit Corporation (Petitioner), DocketTrial Setting Conference scheduled for 08/31/2022 at 09:30 AM in Stanley Mosk Courthouse at Department 86, DocketNotice of Trial Setting Conference and Attached Orders Thereon; Filed by: Clerk, DocketSummons on Complaint; Issued and Filed by: LEONA VALLEY TOWN COUNCIL, a California Non-Profit Corporation (Petitioner); As to: CITY OF PALMDALE CITY COUNCIL IN THEIR OFFICIAL CAPACITY (Defendant); CITY OF PALMDALE (Defendant); RDR Development Holdings, LLC (Real Party in Interest), DocketCase assigned to Hon. In December 1995, the City approved six vesting tentative maps; all six vesting maps expired in 2017. Petitioner concedes the existence of the meeting minutes is not reasonably subject to dispute, but disputes the meaning of the contents. 1,039 people like this. (b)(1).) A.). ), Exhibit G: The City and Real Partys request for judicial notice of the recorded deeds for the Ritter Ranch property from 1990 to 1995 is granted. (h).) The plain, unambiguous language of the Settlement Agreement specifically defines Project Approvals to include nay future approvals with respect to the Ritter Ranch Project . Leona Valley Cherry Growers Association 26201 Tuolumne St Mojave, CA 93501. (Evid. Respondents argue Petitioners claims have been released by the terms of the Settlement Agreement. . (Evid. The request for judicial notice is granted pursuant to Evidence Code section 452, subdivisions (b) and (c).). Legislative Town Hall 6:30pm. The County kept the town square and sold off the rest which became the current City of Centerville. EIN: 95-4433625; Nonprofit Tax Code Designation: 501(c)(4) Defined as: Civic leagues, social welfare organizations and local associations of employees, created to promote community welfare for charitable, educational or recreational purposes. Standing in a cherry orchard in full bloom Tuesday morning, members of the Leona Valley Town Council announced that they had filed a lawsuit against a developer and the city of Palmdale, attacking . (d). An issue is actually litigated [w]hen [it] is properly raised, by the pleadings or otherwise, and is submitted for determination, and is determined . [2] While the court finds striking the supplement to the administrative record is an appropriate sanction here, the court is not prejudging any future motion to augment the administrative record the City may bring. Petitioner used very little of its briefing to argue about documents not contained in the administrative record. The court cannot conclude on demurrer Petitioners action is precluded by res judicata or collateral estoppel. (a), (b), (c), (d) and (h).). MC002898 (Court of Appeal Case No. . ., but also facts that clearly derive from its legal effect. (Scott v. JPMorgan Chase Bank, N.A. (Evid. LEONA VALLEY TOWN COUNCIL | Charity Navigator Profile Or, in other words, the condition is one that would have constituted a taking of property without just compensation if it were imposed by the government on a property owner outside of the permit process. (California Building, supra, 61 Cal.4th at pp. JOANNA KAY DUARTE VS STATE OF CALIFORNIA, ET AL. (Id. The demurrer suggests no matter the nature or scope of [Petitioners] prior writ of mandate claims, they encompassed the validity, propriety and complete factual and legal underpinnings of the Project Approvals. Res Judicata, Collateral Estoppel and/or Retraxit. Leona Valley Town Council, Palmdale, California - AllPeople Nonetheless, Petitioner disputes the minutes provide important confirmation of the City of Palmdales official approval of the Settlement Agreement. Specifically, Petitioner challenges Respondents assertion the Settlement Agreement at issue here is the Settlement Agreement discussed in Exhibit B. 13-North Central Texas-Dallas. The purpose of each Town Council Board is to act as a representative body for the community. Striking the supplement effectively eliminates any injury to Petitioner and allows the court at the time of trial to determine whether, as Petitioner claims, the administrative record is so inadequate that it is entitled to judgment.[2]. In response to the cross-complaints, Petitioner flied a demurrer and two special motions to strike. Courts also consider whether the party to be estopped had a full and fair opportunity to litigate the issue. (, [C]ounsel . LEONA VALLEY TOWN COUNCIL, A CALIFORNIA NON-PROFIT CORPORATION VS CITY OF PALMDALE CITY COUNCIL IN THEIR OFFICIAL CAPACITY, ET AL. ), Here, Petitioners contradictory interpretation creates a reasonable dispute as to the parties intent and the scope of the release in the Settlement Agreement. Leona Valley Town Council - Overview, News & Competitors - ZoomInfo Respondents seek judicial notice of the Citys Councils special meeting minutes. Leon County, Texas Phone: (972) 552-9592. . of Fish and Game), and a 401 Permit (Water Quality Control Board). Rules of Court, Rule 3.2205. The court cannot find on demurrer res judicata and/or collateral estoppel apply here. . [Citation.] 964 through which the City approved the Ritter Ranch Specific Plan (90-4) on March 3, 1992 and (ii) an excerpt from the Ritter Ranch Specific Plan, Exhibit 20E pursuant to Evidence Code section 452, subdivision (c). Alternatively, the court will set a motion to augment on statutory timeon or about March 23, 2023at this hearing if requested. Case Number: *******1932 Hearing Date: October 19, 2022 Dept: 86, [Tentative] ORDER STAYING ALL PROCEEDINGS ON CLAIMS IN CROSS-COMPLAINTS. Thank you for your volunteer time and donations that make this possible! However, even assuming they were, Exhibits L and M do not show the nature of the claims in the previous litigation. As explained in Beach & Bluff Conservancy v. City of Solana Beach (2018) 28 Cal.App.5th 244: [A] predicate for any unconstitutional conditions claim is that the government could not have constitutionally ordered the person asserting the claim to do what it attempted to pressure that person into doing. [Citation.] at pp. . 2023-02-03, Los Angeles County Superior Courts | Personal Injury | (Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 482 [[w]hile we may take judicial notice of court records and official acts of state agencies [citation], the truth of matters asserted in such documents is not subject to judicial notice].) . (See Freemont Indemnity Co. v. Freemont General Corp. (2007) 148 Cal.App.4th 97, 113-115 [explaining that generally on demurrer a court may not take judicial notice of the proper interpretation of a contract where that interpretation is disputed].).