Opinion
21-55208
03-24-2022
STEPHEN H. JOHNSON; PAULA A. JOHNSON, Plaintiffs-Appellants, v. CALIBER HOME LOANS, INC.; et al., Defendants-Appellees.
NOT FOR PUBLICATION
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 for the Central District of California No. 5:19-cv-01387-PA-GJS Percy Anderson, District Judge, Presiding
Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Stephen H. Johnson and Paula A. Johnson appeal pro se from the district court's order denying their second motion for post-judgment relief in their action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Sch. Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We affirm.
The district court did not abuse its discretion in denying the Johnsons' second motion for post-judgment relief because the Johnsons failed to establish any basis for such relief. See id. at 1262-63 (grounds for reconsideration under Federal Rule of Civil Procedure 60(b)).
The Johnsons' reliance on Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., 140 S.Ct. 1589 (2020), is misplaced because that case concerns claim preclusion under federal law. See Costantini v. Trans World Airlines, 681 F.2d 1199, 1201 (9th Cir. 1982) ("A federal court sitting in diversity must apply the res judicata law of the state in which it sits.").
AFFIRMED.