Willis v. State of California

In Willis v. State of California (1994) 22 Cal.App.4th 287, the Court rejected an argument by the plaintiff that the trial court erred in refusing to take judicial notice of two SAM provisions. After first noting judicial notice was not appropriate because the plaintiff failed to present certified copies of the provisions to the trial court and because the provisions had not been adopted as regulations pursuant to the APA, the Court indicated "since SAM is without legal effect, the trial court did not err by denying the request for judicial notice." ( Id. at p. 291.) Three years later, in NBS Imaging Systems, Inc. v. State Bd. of Control (1997) 60 Cal.App.4th 328, the Court stated in a footnote that because the provisions of SAM were not adopted pursuant to the APA, they "have no legal effect and cannot form the basis for invalidating the real party in interest's bid." ( Id. at p. 336, fn. 9, citing Willis v. State of California, supra, 22 Cal.App.4th 287.)