Sakuma

Sakuma v. Ass'n of Apartment Owners of the Tropics

Good Law
210 F. App'x 746
United States Court of Appeals for the Ninth CircuitDecember 12, 2006Nos. 05-16940, 06-16121California392 words

Opinion

Lead Opinion

MEMORANDUM **

In No. 05-16940, Patsy N. Sakuma appeals pro se from the district court’s order denying her motion for relief from a judgment enforcing a settlement in underlying litigation against the Association of Apartment Owners of the Tropics at Waikele and others. In No. 06-16121, Sakuma appeals from the district court’s imposition of *747 sanctions. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s ruling on a motion to set aside a judgment as void. Export Group v. Reef Indus., Inc., 54 F.3d 1466, 1469 (9th Cir.1995). We review the imposition of sanctions for abuse of discretion. F.J. Hanshaw Enters., Inc. v. Emerald River Dev., Inc., 244 F.3d 1128 , 1135 (9th Cir. 2001). We affirm.

The district court entered judgment in Sakuma’s case on October 3, 2002. Sakuma, a licensed attorney, filed her motion for relief from judgment on January 26, 2005, more than two years after entry of judgment. To the extent Sakuma’s motion was made on the basis of excusable neglect or fraud and therefore pursuant to Fed. R.Civ.P. 60(b)(1) or 60(b)(3), it was untimely, and the district court lacked jurisdiction to consider the merits of the motion. See Nevitt…

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