Cifuentes Catalan v. Hill
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 26, 2026
Docket25-2022
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 26 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CANELA CIFUENTES CATALAN, No. 25-2022
D.C. No.
Plaintiff - Appellant, 5:22-cv-00062-JGB-SP
v.
MEMORANDUM*
JAMES S. HILL, Warden; CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION,
Defendants - Appellees,
ESTATE OF MATTHEW SIGALA, on
behalf of Matthew Sigala individually and
in his official capacity,
Defendants.
Appeal from the United States District Court
for the Central District of California
Jesus G. Bernal, District Judge, Presiding
Submitted October 22, 2026**
Pasadena, California
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Before: MURGUIA, Chief Judge, JOHNSTONE, Circuit Judge, and ORRICK,
District Judge.***
Canela Cifuentes Catalan appeals the denial of her Federal Rule of Civil
Procedure 60(b) motion for relief from the district court’s order dismissing her
claims against the Estate of Matthew Sigala. We have jurisdiction under 28 U.S.C.
§ 1291, and we review for abuse of discretion the denial of a Rule 60(b) motion.
Casey v. Albertson’s Inc., 362 F.3d 1254, 1257 (9th Cir. 2004). We affirm.
1. Because Cifuentes’s opening brief argues that “the proper basis for relief
in this unique situation lies not in Rule 60(b)(1)’s ‘excusable neglect’ provision,
but in Rule 60(b)(6),” Cifuentes has waived her claim to relief under Rule 60(b)(1).
Even if we considered Cifuentes’s Rule 60(b)(1) claim, the district court did not
abuse its discretion because “the balance of the Pioneer factors supports the district
court’s decision.” M.D. ex. rel. Doe v. Newport-Mesa Unified Sch. Dist., 840 F.3d
640, 643 (9th Cir. 2016) (citing Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd.
P’Ship, 507 U.S. 380, 395 (1993)); see also Casey, 362 F.3d at 1260 (affirming the
district court when the length of and reasons for the delay weighed against relief).
2. Cifuentes also seeks relief under Rule 60(b)(6) because after the clerk
entered default against the Estate, and the district court dismissed Cifuentes’s
claims against the Estate, the Estate answered Cifuentes’s complaint. But relief
***
The Honorable William Horsley Orrick, United States District Judge
for the Northern District of California, sitting by designation.
2 25-2022
under Rule 60(b)(6) “is to be utilized only where extraordinary circumstances
prevented a party from taking timely action to prevent or correct an erroneous
judgment.” Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1103 (9th Cir.
2006) (citation modified). The Estate’s post-dismissal answer is not an
extraordinary circumstance which affected Cifuentes’s ability either to prevent an
erroneous judgment or to correct that judgment by timely appeal. So although the
district court did not consider Cifuentes’s Rule 60(b)(6) claim, we sustain its denial
of Cifuentes’s Rule 60(b) motion. See Rosales-Martinez v. Palmer, 753 F.3d 890,
897 n.7 (9th Cir. 2014) (“Even though the district court did not address this
argument, we consider it in the first instance because [the appellant] raised the
argument before the district court and we may sustain the dismissal for reasons not
addressed by the court below.” (citation modified)).
AFFIRMED.1
1
We DENY as moot Appellees’ motion for judicial notice (Dkt. No. 28).
3 25-2022