Morgan
Morgan v. Chicago Title Insurance
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff Alice H. Morgan appeals, and Defendant Chicago Title Insurance Company cross-appeals, the district court’s judgment in favor of Plaintiff on one claim and the order of limited attorney’s fees and prejudgment interest to Plaintiff. We affirm.
1. Reviewing de novo, United States v. Perez, 475 F.3d 1110, 1112 (9th Cir.2007), we hold that the district court correctly recognized that it was bound by the mandate in Morgan v. Chicago Title Insurance Co. (“Morgan II”), 230 Fed.Appx. 656 (9th Cir.2007) (unpublished decision) (affirming in part, reversing in part, and remanding for further proceedings). To the extent that Plaintiff argues that we should reconsider our decision in Morgan II under an exception to the law of the case doctrine, we decline to do so because none of the exceptions applies here. See Disimone v. Browner, 121 F.3d 1262, 1266 (9th Cir.1997) (listing the exceptions).
2. The district court did not err in granting judgment in favor of Plaintiff on the compensatory damages claim. See Morgan II, 230 Fed.Appx. at 658 (remanding for further proceedings on this point). The district court did not clearly err in finding that the surrender of the…