Elasali v. Sureride Charter
Nour Eddine Elasali filed this action against respondents Sureride Charter, Inc. (Sureride), Rich Illes, Lorenzo Ortiz, Robert Vint, and Lorraine Tokarz. Respondents filed a motion for judgment on the pleadings. We are unable to discern the precise nature of the claims asserted in the complaint or the grounds that respondents raised in their motion for judgment on the pleadings, because neither the complaint nor the motion for judgment on the pleadings is contained in the record on appeal.[1]
Respondents' request for judicial notice in support of their motion for judgment on the pleadings is in the record on appeal. Respondents contended that the documents to be judicially noticed demonstrate that the issues in the present case were adjudicated in a prior action, and that the claims in this case are barred by the statute of limitations. The trial court granted respondents' request for judicial notice and granted respondents' motion for judgment on the pleadings, without leave to amend. In its order, the court stated that the judicially noticed documents demonstrated that Elasali's causes of action are all time barred.
On appeal, Elasali contends that the trial court erred in granting the motion for judgment on the pleadings, in denying a motion to disqualify the trial judge, and in denying a motion for change of venue. We affirm.
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