Roberts v. WMC Mortgage Corp.
Docket: No. 07-35433
Court: Court of Appeals for the Ninth Circuit; July 6, 2009; Federal Appellate Court
Dianna Joyce Roberts appeals the dismissal of her action to enjoin state court eviction proceedings. The court has jurisdiction under 28 U.S.C. § 1291 and reviews the case de novo. The Rooker-Feldman doctrine, which prevents federal courts from reviewing state court judgments, applies only to cases brought by state-court losers that challenge state court decisions made before federal proceedings began. In this instance, because Roberts initiated her action before the state eviction proceedings commenced, there was concurrent federal and state litigation on related issues. Therefore, the Rooker-Feldman doctrine does not bar Roberts' action. The judgment is reversed and remanded for the district court to evaluate the applicability of preclusion or abstention doctrines. The motion for substitution by the personal representative of appellee Linda Johannsen’s estate is granted. Motions for suspension of rules and request for judicial notice are deemed moot. Each party will bear its own costs on appeal. The decision is not designated for publication and does not serve as precedent, except as outlined by 9th Cir. R. 36-3.