Marint Ltd. v. Besdine Management Co.

ORDER **

Besdine Management Company, Polestar Entertainment, and Glenn Tobias (collectively, “Appellants”) brought this appeal to challenge the district court’s entry of a stipulated judgment against them on the grounds that the judgment was obtained through fraud or duress. The record does not show that any motion attacking the judgment has been filed in the district court, or that the district court has taken any evidence concerning fraud or duress, or has made any ruling on this issue.

“In general, a party cannot appeal a judgment entered with its consent.” Slaven v. Am. Trading Transp. Co., 146 F.3d 1066 , 1070 (9th Cir.1998). While an exception exists for claims of defective consent, the record contains no evidence that consent to the entry of judgment was lacking. See id. 1 Other established exceptions have no application here. See, e.g., id. (party explicitly preserves right to appeal); Clapp v. Comm’r, 875 F.2d 1396 , 1398 (9th Cir.1989) (lack of subject matter jurisdiction to enter judgment).

Because generally a party may not gain review of a stipulated judgment and because no exception applies, the judgment of the district court is not appealable. Plasterers Local…