Narrative Opinion Summary
Waltraud Krause appeals the district court's dismissal of her 42 U.S.C. § 1983 action against Los Angeles Superior Court Judge Ernest M. Hiroshige, which was dismissed under Fed. R. Civ. P. 12(b)(6) for lack of subject matter jurisdiction. The dismissal was based on the Rooker-Feldman doctrine, which prohibits federal district courts from reviewing state court judgments. Key cases cited include District of Columbia Court of Appeals v. Feldman, Worldwide Church of God v. McNair, and Branson v. Nott. The appellate court affirmed the district court's decision, noted that the disposition is not suitable for publication and cannot be cited except as allowed by Ninth Circuit Rule 36-3, granted Krause's request for judicial notice, and denied her motion to strike.
Legal Issues Addressed
Judicial Noticesubscribe to see similar legal issues
Application: The appellate court granted Krause's request for judicial notice, indicating the acceptance of certain facts without requiring formal evidence.
Reasoning: The appellate court...granted Krause's request for judicial notice...
Motion to Strikesubscribe to see similar legal issues
Application: The appellate court denied Krause's motion to strike, indicating that the request to remove certain material from the record was not granted.
Reasoning: ...and denied her motion to strike.
Non-Publication and Citation of Dispositionssubscribe to see similar legal issues
Application: The appellate court noted that the disposition is not suitable for publication and cannot be cited, except as allowed by a specific rule.
Reasoning: The appellate court affirmed the district court's decision, noted that the disposition is not suitable for publication and cannot be cited except as allowed by Ninth Circuit Rule 36-3...
Rooker-Feldman Doctrinesubscribe to see similar legal issues
Application: The federal district court dismissed the case based on the Rooker-Feldman doctrine, which prevents federal district courts from reviewing state court judgments.
Reasoning: The dismissal was based on the Rooker-Feldman doctrine, which prohibits federal district courts from reviewing state court judgments.