Arellano

Arellano v. Blahnik

Good Law
United States District Court, Southern District of CaliforniaSeptember 27, 20193:16-cv-02412California670 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RAUL ARRELLANO, Case No.: 16cv2412-CAB-DHB

Plaintiff, ORDER DENYING RULE 60(b) v. MOTION [Doc. No. 119] BLAHNIK, Defendant. 16 On September 11, 2019, Plaintiff filed a Motion: Fed.R. 60(b), which is deemed a motion for relief from order pursuant to Federal Rule of Civil Procedure 60(b). [Doc. No. 119.] For the reasons set forth below, the motion is DENIED. A. Legal Standard. Rule 60 provides for extraordinary relief and may be invoked only upon a showing of “exceptional circumstances.” Engleson v. Burlington N.R. Co., 972 F.2d 1038, 1044 (9th Cir. 1994). The Rule identifies six permissible grounds for relief from a final judgment, order, or proceeding, namely: “(1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3)…

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