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Savage v. Savage

United States Court of Appeals, Ninth Circuit
Aug 25, 2021
No. 20-17297 (9th Cir. Aug. 25, 2021)

Opinion

20-17297

08-25-2021

COLETTE CLAIRE SAVAGE, Plaintiff-Appellant, v. MARK SAVAGE, Fiduciary/Trustee, Defendant-Appellee.


NOT FOR PUBLICATION

Submitted August 17, 2021

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Appeal from the United States District Court No. 4:19-cv-07994-DMR for the Northern District of California Donna M. Ryu, Magistrate Judge, Presiding

The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c)

Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.

MEMORANDUM

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Savage's request for oral argument, set forth in the opening brief, is denied.

Colette Claire Savage appeals pro se from the district court's judgment in her diversity action challenging past Texas and California state court judgments. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040 (9th Cir. 2011) (dismissal under Federal Rule of Civil Procedure 12(b)(6)); Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003) (dismissal under the Rooker-Feldman doctrine). We affirm.

The district court properly dismissed Savage's action for lack of subject matter jurisdiction under the Rooker-Feldman doctrine because it was a "forbidden de facto appeal" of prior state court decisions and Savage raised claims that were "inextricably intertwined" with those state court decisions. See id. at 1163-65 (discussing the Rooker-Feldman doctrine); see also Cooper v. Ramos, 704 F.3d 772, 782 (9th Cir. 2012) (explaining that Rooker-Feldman doctrine bars "inextricably intertwined" claims where federal adjudication "would impermissibly undercut the state ruling on the same issues" (citation and internal quotation marks omitted)).

The district court did not abuse its discretion in denying Savage's postjudgment motions for reconsideration because Savage failed to establish any basis for such relief. See Sch. Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d, 1262-63 (9th Cir. 1993) (setting forth standard of review and grounds for reconsideration under Rules 59(e) and 60(b)).

AFFIRMED.


Summaries of

Savage v. Savage

United States Court of Appeals, Ninth Circuit
Aug 25, 2021
No. 20-17297 (9th Cir. Aug. 25, 2021)
Case details for

Savage v. Savage

Case Details

Full title:COLETTE CLAIRE SAVAGE, Plaintiff-Appellant, v. MARK SAVAGE…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 25, 2021

Citations

No. 20-17297 (9th Cir. Aug. 25, 2021)

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