NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 24 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANN LEMBERG, No. 20-16883
Plaintiff-Appellant, D.C. No. 3:17-cv-06641-MMC
v.
MEMORANDUM*
SAN FRANCISCO OPERA
ASSOCIATION,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of California
Maxine M. Chesney, District Judge, Presiding
Submitted May 18, 2021**
Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges.
Ann Lemberg appeals pro se from the district court’s orders enforcing the
parties’ settlement agreement and granting attorney’s fees. We have jurisdiction
under 28 U.S.C. § 1291. We review for an abuse of discretion. Arizona v.
ASARCO LLC, 773 F.3d 1050, 1060 (9th Cir. 2014) (en banc) (award of attorney’s
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
fees); Doi v. Halekulani Corp., 276 F.3d 1131, 1136 (9th Cir. 2002) (enforcement
of a settlement agreement). We affirm.
The district court did not abuse its discretion by enforcing the settlement
agreement because its findings that Lemberg accepted the terms of the settlement
agreement, and that Lumberg did not sign under duress, were not clearly
erroneous. See Jeff D. v. Andrus, 899 F.2d 753, 759 (9th Cir. 1989) (“The
construction and enforcement of settlement agreements are governed by principles
of local law which apply to interpretation of contracts generally.”); Cal. Civ. Code
§ 1550 (setting forth essential elements to the existence of a contract under
California law); Rich & Whillock, Inc. v. Ashton Dev., Inc., 204 Cal. Rptr. 86, 88-
90 (Ct. App. 1984) (discussing standard for duress); Maynard v. City of San Jose,
37 F.3d 1396, 1401 (9th Cir. 1994) (clearly erroneous standard of review).
The district court did not abuse it discretion in awarding attorney’s fees
because the settlement agreement expressly provided for such an award. See Cal.
Civ. Code § 1717 (allowing an award of attorney’s fees where the contract
specifically provides for attorney’s fees that are incurred to enforce that contract).
The district court did not err in denying Lemberg’s motion for leave to
amend her complaint as moot because the district court had granted defendant’s
motion to enforce the settlement agreement.
We reject as without merit Lemberg’s contentions that the district court was
2 20-16883
biased against her or engaged in unlawful behavior.
Lemberg requested and received an extension of time to file a reply brief
until April 15, 2021. Lemberg did not submit a reply brief by that date or file
another motion for extension of time. The time for filing a reply brief has expired.
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending motions and requests are denied.
AFFIRMED.
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