Stanwyck

Stanwyck v. Beilinson

Good Law
104 F. App'x 616
United States Court of Appeals for the Ninth CircuitApril 28, 2004No. 02-56442California1,053 words

Opinion

Lead Opinion

MEMORANDUM *

The appellants appeal the dismissal of their complaint, sanctions pursuant to Fed *618 eral Rule of Civil Procedure 11, and an order declaring the appellants vexatious litigants. We find that this appeal was timely filed under the rules set forth in Wallace v. Chappell, 637 F.2d 1345, 1348 (9th Cir.1981) (en banc). But we conclude that all of the appellants’ arguments are without merit.

The arguments raised by the appellants relate largely to the procedural or preliminary issues addressed separately below. Looking first to the substance of the district court’s order, we find that the dismissal based on the appellants’ non-opposition was not an abuse of discretion. See Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.1995). Sanctions pursuant to Federal Rule of Civil Procedure 11 were warranted and assessed in an appropriate amount. See Fed.R.Civ.P. 11; cf. In re Yagman, 796 F.2d 1165, 1183-85 (9th Cir.1986). The vexatious litigant declaration was also warranted and appropriate in its scope. See O’Loughlin v. Doe, 920 F.2d 614, 617 (9th Cir.1990); De Long v. Hennessey, 912 F.2d 1144, 1147 (9th Cir.1990); Say & Say, Inc. v. Ebershoff, 20 Cal.App.4th 1759, 1766-67 , 25…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.