C & W Gas & Fastfood Center v. Northgate Petroleum Co.
Docket: No. 03-15394; D.C. No. CV-98-00534-FCD(DAD)
Court: Court of Appeals for the Ninth Circuit; June 1, 2004; Federal Appellate Court
The district court properly interpreted the Appellants' motion under Federal Rule of Civil Procedure 55 as a Rule 60(b)(1) motion and denied it due to its filing beyond the one-year limit for seeking such relief, as established in Lyon v. Agusta S.P.A., 252 F.3d 1078, 1088 (9th Cir. 2001). The Appellants introduced a new argument on appeal that had not been raised in the trial court, which the court found unacceptable, citing United States v. Waechter, 195 F.2d 963, 964 (9th Cir. 1952) and Alaska Airlines, Inc. v. United Airlines, Inc., 948 F.2d 536, 546 n. 15 (9th Cir. 1991). The court emphasized that an appellate court does not reverse a district court based on theories not presented during the trial. Additionally, any exceptions to this rule do not apply here, as the availability of alternative relief involves more than a purely legal question. The Court of Appeals can only review the denial of the motion for abuse of discretion. The decision is affirmed and is not suitable for publication or citation, except as allowed by Ninth Circuit Rule 36-3.