The Estate of Paul Silva v. City of San Diego

I. BACKGROUND

The Court incorporates the statement of facts as contained in the Order Granting in 24 Part and Denying in Part Defendants’ Summary Judgment Motion. 25

II. LEGAL STANDARD

A “court may correct a clerical mistake or a mistake arising from oversight or 27 omission whenever one is found in a judgment, order, or other part of the record. The 28 court may do so on motion or on its own, with or without notice.” Federal Rule of Civil Procedure 60(a). Rule 60(b) provides: On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following 5 reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been 7 discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment 9 has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it…