Opinion
S245203
05-11-2020
FACEBOOK, INC. v. S.C. (TOUCHSTONE)
D072171 Fourth Appellate District, Div. 1
Motion for judicial notice granted
This order resolves the “Motion to Augment the Record on Appeal,” filed July 26, 2018, by intervener San Diego County District Attorney (SDCDA).
1. Concerning Exhibits B, B-1, C, C-1, D, and E: The court construes the motion as one for judicial notice under Evidence Code, sections 459, subdivision (a) and 452, subdivisions (c) and (h). So construed, the motion is granted as to these items.
2. Concerning Exhibits H-M: The motion to augment pursuant to California Rules of Court, rule 8.340, subdivision (c) is granted as to Exhibit K only. (See rule 8.155, subd. (a)(1)(A).) The record on appeal is augmented to include SDCDA's proffered copy of that document. Exhibits H, I, J, L, and M consist of documents already included in the “Appendix of Petitioner Facebook, Inc.,” and thus the motion is denied as unnecessary regarding these items.
3. Concerning Exhibits A, F and G: The court construes the motion as one for judicial notice under Evidence Code, section Evidence Code, sections 459, subdivision (a) and 452, subdivision (d). So construed, the motion is granted as to these items.