Garcia

FILED

NOT FOR PUBLICATION

MAY 22 2025

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ADOLFO GARCIA, Personal No. 24-1485 Representative/Successor-in-Interest, D.C. No. 2:23-cv-01727-MWF-MAR Plaintiff - Appellant,

MEMORANDUM*

v.

COSTCO WHOLESALE

CORPORATION,

Defendant - Appellee,

and

JEN PELL, DOES, 1 to 50, Inclusive,

Defendants.

Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding

Submitted May 14, 2025** Pasadena, California

Before: IKUTA, R. NELSON, and LEE, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Apolonia Cortes appeals from the district court’s denial of her motion to set

aside the order of dismissal pursuant to Rule 60(b)(1) of the Federal Rules of Civil

Procedure (the Rule 60(b)(1) motion).1 We have jurisdiction under 28 U.S.C.

§ 1291. We…