13231 Sundance LLC v. Sean Michael Park, pro se

11-55710Court of Appeals for the Ninth Circuit3 mars 2014

Texte intégral

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
13231 SUNDANCE LLC,
Plaintiff - Appellee,
v.
SEAN MICHAEL PARK, pro se,
Appellant,
v.
CHRISTINE CRONIN,
Defendant - Appellee.
No. 11-55710
D.C. No. 3:11-cv-00477-WQH-
WMC
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Sean Michael Park appeals pro se from the district court’s order imposing
FILED
MAR 03 2014
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.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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monetary sanctions against him for filing an improper notice of removal. We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion.
Chambers v. NASCO, Inc., 501 U.S. 32, 55 (1991). We affirm.
The district court did not abuse its discretion by awarding attorney’s fees
against Park as a sanction after giving him notice and an opportunity to respond,
and finding, after an evidentiary hearing, that Park misrepresented that he was an
intervening party and signed defendant’s name without her authorization on the
notice of removal. See id. at 43-46 (recognizing court’s inherent power to impose
sanctions, including attorney’s fees, for conduct that abuses the judicial process);
see also Fed. R. Civ. P. 11(c) (stating that a court may sanction a party sua sponte,
after notice and a reasonable opportunity to respond, for violating Fed. R. Civ. P.
11(b)).
AFFIRMED.
11-55710 2

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