Bianchi v. Rylaarsdam

334 F.3d 895 Maurice L. BIANCHI, f/d/b/a M. Bianchi of California, Plaintiff-Appellant, v. William F. RYLAARSDAM; David G. Sills; Edward J. Wallin, Defendants-Appellee. Bank of America National Trust & Savings Association, Real-party-in-interest-Appellee. No. 00-55585. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 17, 2001. Filed June 27, 2003. Scott Michael Cantor, Graziadei & Cantor, LTD., Las Vegas, Nevada, for the appellant. Bill Lockyer, Attorney General, Manuel Mendeiros, Senior Assistant Attorney General, Andrea L. Hock, Supervising Attorney General, Thomas F. Gede, Deputy Attorney General, Jennifer K. Rockwell, Deputy Attorney General, Sacramento, CA, for the appellees. Appeal from the United States District Court for the Central District of California; Alicemarie H. Stotler, District Judge, Presiding. D.C. No. CV-99-01236-AHS. Before B. FLETCHER, D.W. NELSON, and McKEOWN, Circuit Judges. Opinion by Judge McKEOWN; Concurrence by Judge BETTY B. FLETCHER. OPINION McKEOWN, Circuit Judge. 1 At the heart of this case is a disappointed litigant's attempt to obtain in federal court the very relief denied to him in state court, namely an…