When the ground of demurrer is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the demurrer, or in the supporting points and authorities for the purpose of invoking such notice, except as the court may otherwise permit.
§ 430.70.Demurrer Based On Matter Which Court May Take Judicial Notice
Title 6. Of the Pleadings In Civil Actions · Chapter 3. Objections to Pleadings; Denials and Defenses · Article 1. Objections to Pleadings · Enacted 1971 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 430.70 requires a demurrer based on judicially noticeable matter under Evidence Code § 452 or § 453 to specify that matter in the demurrer or its supporting points and authorities, unless the court permits otherwise.
Full Text of § 430.70
Plain-English Summary
A demurrer normally tests only what appears on the face of the pleading. Section 430.70 extends that reach to matters the court may judicially notice under Evidence Code § 452 or § 453 — facts and records the court can accept as true without proof.
When a demurrer relies on judicially noticeable matter, the demurring party must specify that matter in the demurrer itself, or in the supporting points and authorities, so the court and the opposing party know exactly what is being asked to be noticed. The court may permit some other approach, but the default rule requires this kind of notice.
Frequently Asked Questions
Can a demurrer rely on facts outside the four corners of the complaint?
Only matters the court may judicially notice under Evidence Code § 452 or § 453 — § 430.70 requires the demurring party to specify that matter in the demurrer or its supporting papers.
Where must judicially noticeable matter be identified in a demurrer?
Section 430.70 requires it be specified in the demurrer itself or in the points and authorities supporting it, unless the court allows a different approach.
Amendment History
Added by Stats. 1971, Ch. 244.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: judicial notice demurrer california