Sosinsky

This case presents the issue of whether a court may properly take judicial notice of the truth of factual findings made by a judge who sat as a trier of fact in a previous case. We hold that the court may not take judicial notice of the truth of those factual findings.

Appellants Kevin Sosinsky, Ernest Green, and Brett Speer, each of whom was a plaintiff in a civil action against respondents Allen R. Grant, Carolyn M. Grant, and Grant Construction Company (hereinafter the Grants), appeal a May 29, 1990, judgment entered against them and in favor of the Grants following the superior court’s order granting a motion of the Grants for summary judgment.

Appellant Speer also appeals a July 27, 1990, judgment entered against him and in favor of respondents Harold C. Wright, Brad L. Walter, and Wright & Britton, a partnership (also defendants in the superior court, and hereinafter the Wright defendants), following the superior court’s order granting a motion of the Wright defendants for summary judgment.

We (1) affirm the superior court’s May 29, 1990, judgment against Sosinsky, Green, and Speer, and in favor of the Grants, and (2) affirm the superior court’s July 27, 1990,…