Crystal Lightfoot v. Cendant Mortgage Corporation

Good Law
465 F. App'x 668
United States Court of Appeals for the Ninth CircuitJanuary 9, 201210-56068California361 words

Opinion

Opinion

MEMORANDUM

Crystal Monique Lightfoot and Beverly Ann Hollis-Arrington appeal pro se from the district court’s judgment dismissing their action arising out of foreclosure proceedings as barred by the doctrine of res judicata, and from the order denying their motion to set aside the judgment. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a district court’s denial of a Fed.R.Civ.P. 60(b) motion. Casey v. Albertson’s Inc., 362 F.3d 1254, 1257 (9th Cir.2004). We review de novo a district court’s determination regarding removal jurisdiction. Providence Health Plan v. McDowell, 385 F.3d 1168, 1171 (9th Cir.2004). We may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm.

The district court did not abuse its discretion by denying plaintiffs’ Rule 60(b) motion to set aside the judgment because plaintiffs failed to establish any ground for relief. See Casey, 362 F.3d at 1260 (discussing requirements of Rule 60(b)(3), including that the alleged fraud “not be discoverable by due diligence before or during the proceedings” (citation and internal quotation marks omitted)); see also Latshaw v.…

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