February 21, 2017 at 12.53

From: Sandra <sandra123@gmail.com>
Date: Tue, Feb 21, 2017 at 12:53 PM
Subject: Blog post
To: kelley.lynch.2016@gmail.com


A California court may take judicial notice of the fact of certain findings by a trial court in a prior action, but not for the truth of the matter. (See, e.g., Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 483−484) it is well established that courts may not take judicial notice of the truth of facts contained in pleadings and related records, or in evidentiary submissions that comprise part of the court’s records, including statements within affidavits, hearing or deposition transcripts, or other documents filed with the court. (See, e.g., Arce, supra, 181 Cal.App.4th at p. 483 (court may “not take judicial notice of the truth of any factual assertions” within pleadings filed in separate court action); Tarr v. Merco Construction Engineers, Inc. (1978) 84 Cal.App.3d 707, 715 (a court “may not take judicial notice of the truth of allegations made in documents such as pleadings, affidavits and allegations in bankruptcy proceedings”); see also Bach v. McNelis (1989) 207 Cal.App.3d 852, 865 (truth of statements within affidavit are not subject to judicial notice); Garcia v. Sterling (1985) 176 Cal.App.3d 17, 22 (existence of statements within deposition transcript filed with the court may be judicially noticed, but not truth of those statements).)

Turning to the pleadings that you assert you will ask the LA court to judicially notice – specifically a paragraph of unadjudicated allegations set forth in the Natural Wealth lawsuit (which was dismissed in 2009) – and setting aside the irony that the quoted passage originated from an interview with a paranoid Kelley Lynch by a lawyer whom Lynch later accused of promising to marry her – no court in the land (not even La La Land) will ever judicially notice those preposterous allegations for their truth. See cases cited.

A little bit of legal knowledge in the hands of a moron is a dangerous thing. I realize this is a bit of money-see-monkey-do (since the Court of Appeal recently noticed part of a federal court file in one of your pending appellate matters) but that is apples and oranges.


Commentary:  This email relates to Lynch's post that she intends to ask the Court to take judicial notice of the Natural Wealth suit and the allegations contained therein.  These allegations, as heard by other witnesses, go to motive on the part of Cohen and Kory.  They are both material and relevant.  Lynch sent the FBI in Denver Boies Schiller's email advising her that Cohen and Kory planned to destroy her and her children.  Norman Posel did not promise to marry Lynch.  REDACTED NAME Rinpoche informed Lynch to advise Posel that if he actually wanted to marry Lynch, he should fly to LA and Rinpoche would perform the ceremony.   

145. When these tactics to draw Lynch into his extortion scheme proved futile, Cohen and Kory – according to Lynch – turned to far more aggressive means to obtain her cooperation.  Indeed, as heard by other witnesses, Cohen and Kory vowed to "crush her," and planned to use restraining orders and other means to prevent her from serving as a credible witness regarding both Cohen's affairs and in regard to the scheme into which they had tried without success to draw her

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