Kirk Henry v. Kimtran Rizzolo

MEMORANDUM

Kimtran Rizzolo appeals the district court’s grant of summary judgment to Kirk and Amy Henry, finding certain transfers of assets made from Rick Rizzolo to Bart Rizzolo — Kimtran’s husband and Rick’s father — fraudulent. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Kimtran argues (1) that Rick Rizzolo was not personally liable to the Henrys; and (2) that even if Rick Rizzolo were personally liable, the payments were not fraudulent because they were made in repayment of an antecedent debt. Neither argument is availing.

As an initial matter, we take judicial notice of the Judgments of Conviction entered against both Rick Rizzolo and his closely held corporation, The Power Company, in United States v. Frederick Rizzolo, No. 2:06-cr-186-PMP-PAL, and United States v. The Power Company, Inc., No. 2:06-cr-186-PMP-PAL, respectively. These decisions “have a direct relation to matters at issue,” United States ex rel. Robinson Rancheria Citizens Council v. Borneo, Inc., 971 F.2d 244, 248 (9th Cir.1992) (internal quotation marks omitted); indeed, they are dispositive. Rick Rizzolo’s Judgment of Conviction provides that “[t]he restitution amount is payment jointly…