Alfredo Patrick Acosta, and Rose Malfabon, Applicant-In-Intervention/appellant v. Toyota Motor Sales, U.S.A., Inc., a California Corporation
Opinion
Opinion
24 F.3d 244 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alfredo Patrick ACOSTA, Plaintiff, and Rose Malfabon, Applicant-in-Intervention/Appellant, v. TOYOTA MOTOR SALES, U.S.A., INC., a California Corporation, et al., Defendants-Appellees. No. 93-17088. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 13, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Rose Malfabon appeals the district court's denial of her motion for Fed.R.Civ.P. 54(b) certification of the court's order denying her motion to intervene as a plaintiff in this diversity action. We dismiss the appeal for lack of jurisdiction. 3 Alfredo Patrick Acosta filed this action against Toyota Motor Sales, U.S.A., Inc., et al. after his daughter was killed in a car accident. Toyota filed a third-party complaint against Malfabon, the victim's mother, who had previously settled with Toyota. Malfabon filed a counterclaim against Toyota and a…