Section 425

Citation: Section 425
Parent Document: Wallace v. McCubbin, 196 Cal. App. 4th 1169 (2011)
Jurisdiction: California (state)
Effective Date: 2011-06-27
Original Source: https://www.courtlistener.com/opinion/5810370/wallace-v-mccubbin/ ↗

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McCubbin and Merck contend that, if Wallace and Owen had raised the issue in the trial court, McCubbin and Merck would have responded with a declaration showing that their activity was not illegal. To support this contention, they seek judicial notice (by motion filed Nov. 29, 2010) of their verified answer to the complaint, which alleges, among other things, the Executive Director of the San Francisco Human Rights Commission retracted the November 14, 2007 letter on which Wallace and Owen rely; Nemo is not well behaved; Nemo charged McCubbin while she was holding her baby; the police admonished Wallace to keep Nemo leashed at all times when in public; and Nemo shakes the building when running and barking. We grant the request for judicial notice of the verified answer as an indication that such a declaration could have been filed.

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