Carl Hoffman v. Impact Confections, Inc.

MEMORANDUM

Carl Edward Hoffman appeals pro se from the district court’s order denying his Rule 60(b) motion seeking relief from judgment against him in his trade secret misappropriation lawsuit. Hoffman contends that defendant’s summary judgment motion went unopposed as a result of his attorney’s negligence and misconduct by counsel for defendant. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion, Casey v. Albertson's Inc., 362 F.3d 1254, 1257 (9th Cir.2004), and we affirm.

The district court did not abuse its discretion by denying Hoffman’s motion because he did not demonstrate any viable ground for relief under Rule 60(b). See id. at 1259-60 (9th Cir.2004) (affirming denial of Rule 60(b)(1) motion that was based on alleged attorney malpractice and explaining that Rule 60(b)(3) requires “clear and convincing evidence that the [judgment] was obtained through fraud, misrepresentation, or other misconduct and the conduct complained of prevented the losing party from fully and fairly presenting” its ease); Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1101, 1103 (9th Cir.2006) (explaining that mistakes resulting from attorney negligence “are…