Section 459 Of Division 4. Judicial Notice From California Evidence Code >> Division 4.
459
. (a) The reviewing court shall take judicial notice of (1) each
matter properly noticed by the trial court and (2) each matter that
the trial court was required to notice under Section 451 or 453. The
reviewing court may take judicial notice of any matter specified in
Section 452. The reviewing court may take judicial notice of a matter
in a tenor different from that noticed by the trial court.
(b) In determining the propriety of taking judicial notice of a
matter, or the tenor thereof, the reviewing court has the same power
as the trial court under Section 454.
(c) When taking judicial notice under this section of a matter
specified in Section 452 or in subdivision (f) of Section 451 that is
of substantial consequence to the determination of the action, the
reviewing court shall comply with the provisions of subdivision (a)
of Section 455 if the matter was not theretofore judicially noticed
in the action.
(d) In determining the propriety of taking judicial notice of a
matter specified in Section 452 or in subdivision (f) of Section 451
that is of substantial consequence to the determination of the
action, or the tenor thereof, if the reviewing court resorts to any
source of information not received in open court or not included in
the record of the action, including the advice of persons learned in
the subject matter, the reviewing court shall afford each party
reasonable opportunity to meet such information before judicial
notice of the matter may be taken.