HELEN LILI HORVATH, DBA HW Associates v. ANTHONY TONEY, DBA UpTop Group, LLC

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HELEN LILI HORVATH, DBA HW
Associates,
Plaintiff - Appellee,
v.
ANTHONY TONEY, DBA UpTop Group,
LLC,
Defendant - Appellant,
and
CAVA CUP SOCCER TOURNAMENT;
AMERICAS BASKETBALL
INTERNATIONAL, DBA ABI Slam
Foundation,
Defendants.
No. 13-55013
D.C. No. 3:11-cv-01880-IEG-
BLM
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Irma E. Gonzalez, District Judge, Presiding
FILED
DEC 31 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Anthony Toney appeals pro se from the district court’s order denying his
motion to vacate the default judgment entered against him in a breach of contract
action. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of
discretion. Brandt v. Am. Bankers Ins. Co. of Fla., 653 F.3d 1108, 1110 (9th Cir.
2011). We affirm.
The district court did not abuse its discretion by denying Toney’s motion to
vacate the default judgment because Toney failed to show that such relief was
warranted. See Am. Ass’n of Naturopathic Physicians v. Hayhurst, 227 F.3d 1104,
1108 (9th Cir. 2000) (setting forth factors to apply when considering a motion to
vacate a default judgment, any of which are sufficient to deny the motion).
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).
Plaintiff’s request for judicial notice, set forth in her answering brief, is
denied.
AFFIRMED.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
13-55013 2

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