Ottovich Ex Rel. Harvey G. Ottovich Revocable Living Trust v. Chase Home Finance, LLC
Opinion
Opinion
MEMORANDUM
Plaintiffs appeal the denial of a motion for relief from judgment under Federal Rule of Civil Procedure 60(b). Such denials are reviewed for an abuse of discretion. Cal. Dep’t of Soc. Servs. v. Leavitt, 523 F.3d 1025, 1031 (9th Cir.2008). Because the district court in this case applied the correct rule of law and rested its decision on amply supported findings of fact, we affirm.
1. Plaintiffs first contend that the district court erroneously failed to reach their argument under Rule 60(b)(6) that their previous attorney was grossly negligent. “To justify relief under subsection (6), a party must show ‘extraordinary circumstances’ suggesting that the party is faultless in the delay.” Pioneer Inv. Servs. Co. v. Brunswick Assocs., Ltd. P’ship, 507 U.S. 380, 393 , 113 S.Ct. 1489 , 123 L.Ed.2d 74 (1993) (quoting Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847, 864 , 108 S.Ct. 2194 , 100 L.Ed.2d 855 (1988)). We have held that “an attorney’s gross negligence resulting in dismissal with prejudice for failure to prosecute constitutes an ‘extraordinary circumstance’ under Rule 60(b)(6).” Lai v. California, 610 F.3d 518, 524 (9th Cir.2010).