Barker v. Hull

In Barker v. Hull (1987) 191 Cal.App.3d 221, the court took judicial notice of the file in the prior action and found an order continuing the motion to vacate to permit the defendant to take the plaintiff's deposition. This led Barker to conclude that the evidence was not restricted in the prior case and there were sufficient undisputed facts to support the conclusion that the issue had been fully presented. (Barker, supra, 191 Cal.App.3d at p. 227.)