A party requesting judicial notice of material under Evidence Code section 452 or 453 must provide the court and each party with a copy of the material.
(a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.
(1) To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order. (D) Whether the matter to be noticed relates to proceedings occurring after the order or judgment that is the subject of the appeal.
If the material is part of a file in the court in which the matter is being heard, the party must specify in writing the part of the court file sought to be judicially noticed and make arrangements with the clerk to have the file in the courtroom at the time of the hearing.
Briefly, Section 1038 allows for the public entity to recover its reasonable attorney's fees and expert witness fees expended to defend a lawsuit in which the court determines that the plaintiff lacks either reasonable cause or good faith in the filing or maintaining of the lawsuit.