Opinion
S277893
05-22-2024
ANOTHER PLANET ENTERTAINMENT, LLC v. VIGILANT INSURANCE COMPANY
Order filed
The request for judicial notice filed by appellant Another Planet Entertainment, LLC (Another Planet) is granted in part and denied in part as follows. The first six items in Another Planet's request concern various characteristics of the virus that causes COVID-19. Given the procedural posture of these proceedings, we will construe these statements as additional factual allegations in support of Another Planet's claims. (Cf. Milligan v. Golden Gate Bridge Highway & Transportation Dist. (2004) 120 Cal.App.4th 1, 5, fn. 2.) Judicial notice is therefore denied as unnecessary. The last two items in Another Planet's request seek judicial notice of (1) an insurance industry circular discussing a standard virus policy exclusion and (2) a regulatory filing by Chubb Limited. Without any dispute over their authenticity, we may properly take judicial notice of their existence and contents, though not the truth of any statements therein. (Evid. Code, §§ 452, subd. (h), 459; StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 456-457, fn. 9.) Another Planet's request for judicial notice is therefore granted as to these two items.