Hope Fields v. Retailers Credit Association

Good Law
465 F. App'x 710
United States Court of Appeals for the Ninth CircuitJanuary 10, 201210-17096California254 words

Opinion

Opinion

MEMORANDUM

Hope Fields appeals pro se from the district court’s order affirming the bankruptcy court’s judgment concluding that her adversary proceeding brought against Retailers Credit Association (“RCA”) was barred by the doctrine of collateral estop-pel. We have jurisdiction under 28 U.S.C. § 158 (d). We review decisions of the bankruptcy court independently without deference to the district court’s determinations. Leichty v. Neary (In re Strand), 375 F.3d 854, 857 (9th Cir.2004). We affirm.

The bankruptcy court properly concluded that collateral estoppel precludes Fields from relitigating a debt dispute with RCA because the issue was .already decided against her in a prior default judgment. See Gayden v. Nowrbakhsh (In re Nourbakhsh), 67 F.3d 798 , 800 (9th Cir.1995) (per curiam) (preclusive effect of a state court judgment rests upon the preclusion law of the state in which the judgment was issued); Four Star Elec., Inc. v. F & H Constr., 7 Cal.App.4th 1375 , 10 Cal.Rptr.2d 1, 3 (Ct.App.1992) (California law provides that collateral estoppel may be applied based on a prior default judgment).

We decline to address issues raised for the first time on appeal, including…

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