What kind of judicial notice is that?

Question

1. Doctor who recorded terminal disease on admission to hospital was, and had to be aware there was no terminal illness, since did self-referral to hospital. 
2. Analysis test results on admission to hospital (basis for record of terminal chronic disease) was communicated by non-existent person. 
3. There are medical evidences, in addition to apparent, that person is not terminally ill. 
4. Hospice fraud, referral to hospice, was based on non-existent terminal illness. Thus, there is NO triable issue to invent. 
 
What kind of judicial notice is that?

James L. Arrasmith · Answer

Based on the information provided, it appears you are asking about the appropriate type of judicial notice that a court could take in a situation where there is evidence of potential hospice fraud and false diagnosis of a terminal illness. 
 
In California, there are two types of judicial notice: 
 
1. Mandatory Judicial Notice (California Evidence Code Section 451): This type of notice is required when the fact is universally known or can be easily verified from sources of reasonably indisputable accuracy. 
 
2. Permissive Judicial Notice (California Evidence Code Section 452): This type of notice is at the court's discretion and can be taken when the fact is not reasonably subject to dispute and is capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy. 
 
Given the circumstances you described, it is likely that the court would take Permissive Judicial Notice under California Evidence Code Section 452. The court could take notice of the facts related to the alleged hospice fraud and false diagnosis, as they appear to be supported by medical evidence and other sources that are reasonably indisputable. 
 
However, it is important to note that the court would still need to carefully review the evidence and arguments presented by both parties before making a final determination on the matter. Judicial notice does not automatically resolve the case in favor of one party or the other, but rather allows the court to accept certain facts as true without requiring further proof.

Q: What kind of judicial notice is that?