Olson Ex Rel. Edmund C. Olson Trust No.2 v. Han Kamakani Phua

MEMORANDUM

Abel Simeona Lui appeals pro se from the district court’s summary judgment in favor of plaintiff, Edmund C. Olson, as trustee of the Edmund C. Olson Trust No. 2, in the Trust’s diversity action seeking declaratory and injunctive relief in connection with defendants’ non-consensual liens on real property. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Doe v. Abbott Labs., 571 F.3d 930, 933 (9th Cir.2009), and we affirm.

We reject Lui’s argument that the district court violated his procedural due process rights by deciding the Trust’s noticed motion for summary judgment without first issuing a formal scheduling order, where Lui opposed the motion and appeared at the hearing. See Guenther v. Comm’r, 889 F.2d 882, 884 (9th Cir.1989) (order) (“Notice and an opportunity to be heard are the hallmarks of procedural due process.”).

We do not consider arguments raised for the first time on appeal, including Lui’s arguments concerning res judicata or collateral estoppel and alleged perjury or fraud. See Padgett v. Wright, 587 F.3d 983 , 985 n. 2 (9th Cir.2009) (per curiam).

We lack jurisdiction to consider the district court’s order granting the Trust’s…