This case has been cited 1 times or more.
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2015-03-11 |
MENDOZA, J. |
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| The Court does not discount, however, that there are exceptions to the general rule that allegations are hypothetically admitted as true and inquiry is confined to the face of the complaint. First, there is no hypothetical admission of (a) the veracity of allegations if their falsity is subject to judicial notice; (b) allegations that are legally impossible; (c) facts inadmissible in evidence; and (d) facts which appear, by record or document included in the pleadings, to be unfounded.[28] Second, inquiry is not confined to the complaint if culled (a) from annexes and other pleadings submitted by the parties;[29] (b) from documentary evidence admitted by stipulation which disclose facts sufficient to defeat the claim; or (c) from evidence admitted in the course of hearings related to the case.[30] | |||||