R.M.

R.M. Ex Rel. Morales v. Fagel (In Re Fagel)

Good Law
468 F. App'x 740
United States Court of Appeals for the Ninth CircuitFebruary 21, 201210-56134California618 words

Opinion

Opinion

MEMORANDUM

Sometime in 1993, defendant-appellee Bruce G. Fagel committed legal malpractice while representing Ruby Morales in a medical malpractice action. The parties are still arguing over the proper amount of damages Ruby should be awarded. The dispute continued in the bankruptcy court following Fagel’s filing for bankruptcy protection, and that court eventually awarded Ruby damages in the amount of $2,966,725. Ruby appealed to the district court, which held that she had waived or abandoned any challenge to the damages award by consenting to the amount. We find that Ruby did not waive her challenge to the award because she challenged the amount of damages in her first post-judgment motion to the bankruptcy court. However, because the damages award is supported by evidence in the record, we affirm.

We review a district court’s ruling on appeal from a bankruptcy court de novo. In re Greene, 583 F.3d 614, 618 (9th Cir.2009). We “appl[y] the same standard of review applied by the district court.” Id. The district court’s decision may be affirmed on any ground supported by the record, even if not relied upon by the district court. Forest Guardians v. U.S. Forest Serv., 329 F.3d…

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