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Ringgold-Lockhart v. Sankary

United States Court of Appeals, Ninth Circuit
Apr 28, 2015
600 F. App'x 592 (9th Cir. 2015)

Opinion

Submitted, Pasadena, California April 9, 2015

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the Central District of California. D.C. No. 2:09-cv-09215-R-RC. Manuel L. Real, District Judge, Presiding.

For Justin Ringgold-Lockhart, Nina Ringgold, Plaintiffs - Appellants: Nina Ringgold, Attorney, Law Office of Nina R. Ringgold, Northridge, CA.

For Myer J. Sankary, American Contractors Indemnity Company, ANDREA LYNN RICE, Esquire, ERIC YAMAMOTO, Esquire, Defendants - Appellee: Andrea Lynn Rice, Attorney, Law Offices of Andrea Lynn Rice, A. Prof. Corp., Santa Monica, CA.

For North American Title Company, Behzad Beroukhai, Defendants - Appellees: David M. Marcus, Esquire, Attorney, Marcus, Watanabe & Dave, Los Angeles, CA; Eric Chomsky, Esquire, Attorney, Marina del Rey, CA.

MARC L. EDWARDS, Esquire, Defendant - Appellee, Pro se, Tarzana, CA.

For RONALD M. GEORGE, In His Administrative Capacity as Chair of the California Judicial Council, Defendant - Appellee: Anthony R. Hakl, Deputy Assistant Attorney General, AGCA-Office of the California Attorney General, Sacramento, CA.

For ROGER W. BOREN, In His Administrative Capacity as Administrative Presiding Justice of the Court of Appeal Second Appellate Disrict, PAUL TURNER, Administrative Law Judge, In His Administrative Capacity as Administrative Presiding Justice of California Court of Appeal Second Appellate District (Division Five), Defendant - Appellee: Susan K. Smith, Anthony R. Hakl, Deputy Assistant Attorney General, AGCA-Office of the California Attorney General, Sacramento, CA.

For County of Los Angeles, Defendant - Appellee: Syna N. Dennis, Esquire, Attorney, Los Angeles County Counsel Office, Los Angeles, CA; Susan K. Smith, Anthony R. Hakl, Deputy Assistant Attorney General, AGCA-Office of the California Attorney General, Sacramento, CA.

For Superior Court of Los Angeles County, Defendant - Appellee: Susan K. Smith, AGCA-Office of the California Attorney General, Los Angeles, CA; Anthony R. Hakl, Deputy Assistant Attorney General, AGCA-Office of the California Attorney General, Sacramento, CA.


Before: REINHARDT, McKEOWN, and M. SMITH, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

The Appellants, Nina Ringgold and Justin Ringgold-Lockhart, appeal from the district court's order denying their motion for relief from judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

We may only review a district court's ruling on a Rule 60(b) motion for abuse of discretion. Browder v. Dir., Dep't of Corr. of Ill., 434 U.S. 257, 263 n.7, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978). The Appellants sought relief from the final order on the basis of newly discovered evidence, namely a May 23, 2011 letter of the California Commission on Judicial Performance. The letter was not relevant to the district court's conclusion that the action was barred under the Rooker-Feldman doctrine. It was therefore not an abuse of discretion to conclude that the discovery of the letter did not warrant relief from judgment.

The district court did not err by not granting the Appellants leave to amend their complaint. Amendment would have been futile in this case because it was clear that there was no basis for subject matter jurisdiction.

We deny the Appellants' motion for judicial notice (Dkt. No. 71).

AFFIRMED.


Summaries of

Ringgold-Lockhart v. Sankary

United States Court of Appeals, Ninth Circuit
Apr 28, 2015
600 F. App'x 592 (9th Cir. 2015)
Case details for

Ringgold-Lockhart v. Sankary

Case Details

Full title:JUSTIN RINGGOLD-LOCKHART and NINA RINGGOLD, Plaintiffs - Appellants, v…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 28, 2015

Citations

600 F. App'x 592 (9th Cir. 2015)