594 F. App'x 412

Armida RIVERA, Plaintiff-Appellant, v. RECONTRUST COMPANY, NA, a wholly owned subsidiary of Bank of America, NA; et al., Defendants-Appellees.

No. 12-16474.

United States Court of Appeals, Ninth Circuit.

*413Submitted Feb. 17, 2015.*

Filed Feb. 27, 2015.

Armida Rivera, Las Vegas, NV, Pro Se.

Christopher Jorgensen, Meng Zhong, Lewis Roca Rothgerber, LLP, Las Vegas, NV, for Defendants-Appellees.

Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges.

MEMORANDUM **

Armida Rivera appeals pro se from the district court’s judgment dismissing her action arising from foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

The district court did not abuse its discretion by dismissing Rivera’s action on the basis of judicial estoppel because Rivera’s position in her complaint is clearly inconsistent with her statement in the bankruptcy court, and the bankruptcy court accepted her prior position in granting her a discharge. See Hamilton v. State Farm Fire & Cas. Co., 270 F.3d 778, 782-83 (9th Cir.2001) (setting forth the standard of review and explaining the doctrine of judicial estoppel). Accepting Rivera’s current, inconsistent position would provide her with an unfair advantage in light of the bankruptcy discharge. See id. at 782 (“Judicial estoppel is an equitable doctrine that precludes a party from gaining an advantage by asserting one position, and then later seeking an advantage by taking a clearly inconsistent position.”).

AFFIRMED.

Rivera v. Recontrust Co. NA
594 F. App'x 412

Case Details

Name
Rivera v. Recontrust Co. NA
Decision Date
Feb 27, 2015
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594 F. App'x 412

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United States

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