Robert Critchlow v. Kate Critchlow

MEMORANDUM

Robert Critchlow appeals the district court’s dismissal of his complaint against his stepmother, Kate Critchlow, and her attorney, John Waner, for breach of fiduciary duty, fraud, and conversion. He also appeals the district court’s denial of his motion to amend the judgment. We have jurisdiction under 28 U.S.C. § 1291 . The judicially created probate exception to federal court jurisdiction does not apply to these claims, because they do not “involve the administration of an estate, the probate of a will, or any other purely probate matter.”. Marshall v. Marshall, 547 U.S. 293, 312 , 126 S.Ct. 1735 , 164 L.Ed.2d 480 (2006) (internal quotation mark omitted).

The district court did not err in taking judicial notice of Robert Critchlow’s Safe Harbor Petition and attached exhibits filed in the Sonoma County Superior Court. See Fed.R.Evid. 201(b). The district court did not improperly consider the statements in those documents for “the truth of the facts recited therein.” Lee v. City of Los Angeles, 250 F.3d 668, 689-90 (9th Cir.2001) (internal quotation marks omitted). Accordingly, the court’s decision to take judicial notice of these documents did not convert Kate…