CV Sciences Inc (CVSI)

[jefra1965]

In assessing securities fraud claims, “courts must consider the complaint in its entirety, as
well as other sources courts ordinarily examine when Ruling on Rule 12(b)(6) motions to dismiss,

see also Parrino v. FHP, Inc.,
146 F.3d 699, 706 (9th Cir. 1988) (observing “the policy concern underlying the rule: Preventing
plaintiffs form surviving a Rule 12(b)(6) motion by deliberately omitting references to documents
upon which their claims are based.”).

Judicial notice under Rule 201 permits a court to notice an adjudicative fact if it is “not
subject to reasonable dispute.” Fed. R. Evid. 201(b). A fact is “not subject to reasonable dispute”
if it is “generally known” or “can be accurately and readily determined from sources whose
accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b)(1)-(2). Accordingly, “[a] court
may take judicial notice of ‘matters of public record’ without converting a motion to dismiss into a
motion for summary judgment.” Lee v. City of Los Angeles, 250 F.3d 668, 689 (9th Cir. 2001).
Case 2:18-cv-01602-JAD-BNW Document 46 Filed 05/17/19 Page 7 of 22

They have until next Friday.