Demurring to a California red light camera ticket

[freddaman05]

What city did this happen in?

 

[demurringdude]

I have a similar situation as your 'Demurring to a California red light camera ticket.' Would you be willing to tell me how and what steps to take or where to find how? Thank You.

I highly recommend you read the info on Home - Fighting Red Light Camera Tickets. If you email the editor of that web page, he will send you further info about demurring.

To contact me directly, I posted my email address on your visitor page. Please delete it from there after you read it. Thanks.

 

[Zigner]

Congratulations on the outcome...

 

[Jim_bo]

Congratulations on the outcome...

Ouch!!! That had to hurt!!

 

[Zigner]

Not in the least.

 

[freddaman05]

Is this a way round the extrinsic evidence/demurrer problem?

I ask the Court to take "Judicial notice" of my DMV records. California Code of Evidence 452 allows judicial notice to be taken of

"Facts and propositions that are not reasonably subject to
dispute and are capable of immediate and accurate determination by
resort to sources of reasonably indisputable accuracy."

I would also have to put the plaintiff and court on advance notice that I plan to ask for it to be noticed.

Did you have to do this?

 

[demurringdude]

Did you have to do this?

Yes, I did all that.

Here is a case where it was ruled that in considering a demurrer, a court should consider matters which may be judicially noticed.

Serrano v. Priest, 5 Cal.3d 584, 591:

“Preliminarily we observe that in our examination of the instant complaint, we are guided by the long-settled rules for determining its sufficiency against a demurrer. [1] We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. (Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713 [63 Cal.Rptr. 724, 433 P.2d 732].) We also consider matters which may be judicially noticed. (Id at p. 716.) Accordingly, from time to time herein we shall refer to relevant information which has been drawn to our attention either by the parties or by our independent research; in each instance we judicially notice this material since it is contained in publications of state officers or agencies. (Board of Education v. Watson (1966) 63 Cal.2d 829, 836, fn. 3 [48 Cal.Rptr. 481, 409 P.2d 481]; see Evid. Code, § 452, subd. (c).)” (Emphasis added.)

 

[demurringdude]

Did you have to do this?

In a lot of cases it would probably be simpler to go to trial, rather than demur. My case was complicated by the fact that I was guilty.