'Cause Argued And Submitted.'
'Request For Judicial Notice Denied. On May 10, 2002, Appellant S.s. Filed A Document Titled "supplemental Request For Judicial Notice" (some Capitalization Omitted). In This Document, S.s. Seeks To Have This Court Judicially Notice "[p.m.'s] Responsive Declaration Submitted To San Diego Superior Court, Dated April 29, 2022," As A Record Of A Court Of This State, Under Evidence Code Section 452, Subdivision (d). Given The Filing Date Of The Document At Issue, It Is Clear That The Trial Court Did Not Have This Document Before It When It Rendered The Order From Which S.s. Appeals. Appellate Courts Generally Do Not Take Judicial Notice Of Evidence Not Presented To The Trial Court, Absent Exceptional Circumstances. (vons Companies, Inc. V. Seabest Foods, Inc. (1996) 14 Cal.4th 434, 444, Fn. 3.) This Rule Stems From The "general Rule And Understanding That 'an Appeal Reviews The Correctness Of A Judgment As Of The Time Of Its Rendition, Upon A Record Of Matters Which Were Before The Trial Court For Its Consideration.' " (in Re Zeth S. (2003) 31 Cal.4th 396, 405, Italics Added.) S.s. Has Provided No Argument That Exceptional Circumstances Exist That Would Warrant Our Taking Judicial Notice Of This New Evidence On Appeal. We Therefore Deny S.s.'s May 10, 2022 Request For Judicial Notice.'
Case number D078381 was filed in the California 4th District Court of Appeal on Nov. 13, 2020.