Khoshini v. Ford Motor Company

Summary

The United States District Court for the Southern District of California denied Plaintiff Reza Khoshini’s motion for reconsideration of the denial of her motion for attorneys’ fees, costs, and expenses. The court held that Plaintiff did not establish mistake, inadvertence, or excusable neglect under Federal Rule of Civil Procedure 60(b)(1), or extraordinary circumstances under Rule 60(b)(6), after filing the fee motion late and failing to address the deadline in prior briefing. The court also rejected reliance on California Code of Civil Procedure section 1008.

Holdings

1. Reconsideration was not warranted because plaintiff failed to establish mistake, inadvertence, or excusable neglect. The repeated failure to timely file the fee motion and to raise the known timeliness issue, together with prejudice and an inadequate explanation, weighed against relief.
2. A motion for reconsideration may not be used to present facts or arguments that were available before entry of the prior judgment or order.
3. Plaintiff did not demonstrate extraordinary circumstances justifying relief under Rule 60(b)(6).
4. California Code of Civil Procedure section 1008 did not provide an independent basis for reconsideration because the federal court was governed by Federal Rule of Civil Procedure 60(b) and Southern District of California Civil Local Rule 7.1(i) in assessing relief from judgment.

Questions Presented

1. Whether plaintiff was entitled to reconsideration under Federal Rule of Civil Procedure 60(b)(1) based on mistake, inadvertence, or excusable neglect.
2. Whether plaintiff was entitled to relief under Federal Rule of Civil Procedure 60(b)(6) based on extraordinary circumstances.
3. Whether the court had an independent basis to reconsider its prior order under California Code of Civil Procedure section 1008.

Disposition

other