In Rossiter v. Benoit (1979) 88 Cal.App.3d 706, the issue on appeal was whether a demurrer was properly sustained, which is normally a pure issue of law. "We were not furnished with a transcript of the hearing of the demurrer. The only record on appeal before us is the clerk's transcript. In the clerk's transcript, defendants' points and authorities in support of their demurrer, which includes argument, has the four exhibits listed above attached. Defendants argue that plaintiff had six months from the date the city rejected his claim to file an action in accordance with Government Code section 945.6 and, therefore, his cause of action was barred. Or, even without the six months' statute of limitations under Government Code section 945.6, since the plaintiff's cause of action alleges false arrest and false imprisonment, the statute of limitations is one year under . . . section 340, subdivision 3; and since his action was not filed prior to June 11, 1975, one year from the date of the incident, it is barred. "There is nothing in the record before us to show the trial court was requested to take judicial notice of the four exhibits or that they were matters the court could judicially notice. Plaintiff's response to the demurrer does not object to the exhibits or make any reference whatsoever to the exhibits or defendants' argument in reference to them. We do not actually know therefore whether the court considered or ignored the exhibits and arguments, if any, in connection with them. Without a transcript of the hearing on the demurrer, we have no idea what grounds were actually advanced or what arguments were made in the trial court in support of or in opposition to the demurrer. There is no reference in the clerk's transcript which confirms, or even refers to the contention plaintiff now makes that defendants' demurrer extended beyond matters shown on the face of the complaint." (Rossiter, supra, 88 Cal.App.3d at p. 711.)