California Court of Appeal

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Scott v. JPMorgan Chase, A132741

Grant of demurrer to defendant bank on plaintiff's complaint alleging defendant did not have standing to foreclose on his property is affirmed, where: 1) the trial court properly took judicial notice of the fact and legal effect of the government's contract with defendant, since plaintiff made no showing in the trial court that the contract was not authentic or otherwise argued it was reasonably subject to dispute; and 2) based on the allegations of the second amended complaint, and in light of the facts the court judicially noticed, the trial court did not err in sustaining the demurrer.

Appellate Information

  • Decided 03/18/2013
  • Published 03/18/2013

Judges

  • NEEDHAM

Court

  • California Court of Appeal

Counsel

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