Michaely

MEMORANDUM ***

Defendant and Debtor Yehoshua Shuki Michaely (“Michaely”) challenges two judgments of non-dischargeability entered on September 27, 2001 by the Bankruptcy Court in favor of Appellees Patty Michaely (“Ms. Michaely”), his former spouse, and Fried and Goldsman, APLC, her counsel. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We review the Bankruptcy Court’s conclusions of law de novo and its factual findings for clear error, In re Smith’s Home Furnishings, Inc., 265 F.3d 959, 962-63 (9th Cir.2001), and we affirm.

Michaely first challenges the judgments by arguing that the bankruptcy court improperly gave evidentiary value to the Discovery Referee’s findings of fact and conclusions of law. Courts generally may take judicial notice to establish the fact of litigation in another court, but not for the truth of the matters in that litigation. See Wyatt v. Terhune, 315 F.3d 1108 , 1114 n. 5 (9th Cir.2003). The Bankruptcy Court specifically gave no evidentiary value to the Discovery Referee’s findings of fact and conclusions of law. Rather, the Bankruptcy Court took testimony over a four day period of time, considered the parties’ exhibits at the time of trial, and…