Kaffaga v. Steinbeck
── Kaffaga v. Steinbeck ──
Court: Court of Appeals for the Ninth Circuit
Date: April 27, 2026
Category: General
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 27 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WAVERLY SCOTT KAFFAGA, as No. 25-2497
Executor of The Estate of Elaine Anderson D.C. No.
Steinbeck; BAHAR KAFFAGA, as 2:14-cv-08699-TJH-FFM
Executor of The Estate of Elaine Anderson
Steinbeck, MEMORANDUM*
Plaintiffs - Appellees,
v.
GAIL KNIGHT STEINBECK,
Defendant - Appellant,
and
THOMAS STEINBECK, PALLADIN
GROUP INC.,
Defendants.
Appeal from the United States District Court
for the Central District of California
Terry J. Hatter, Jr., District Judge, Presiding
Submitted March 31, 2026**
*
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).
Before: GOULD, BENNETT, and BADE, Circuit Judges.
Appellant Gail Knight Steinbeck appeals pro se the district court’s order
denying both her Motion to Modify the Assignment Order and her Second
Renewed Motion for an Order Permitting the Sale of Assets to Satisfy the
Judgment. Because the parties are familiar with the facts, we do not recount them
here. Generally, “[w]e review the [district] court’s legal conclusions de novo and
its factual findings for clear error.” See Stevedoring Serv. of Am. v. Ancora
Transp., N.V., 59 F.3d 879, 883 (9th Cir. 1995). We apply the applicable standard
of review under state law for judgment enforcement procedures incorporated under
Federal Rule of Civil Procedure 69(a)(1). See Hendricks & Lewis PLLC v.
Clinton, 766 F.3d 991, 995, 999 (9th Cir. 2014); Cigna Prop. & Cas. Ins. Co. v.
Polaris Pictures Corp., 159 F.3d 412, 421 (9th Cir. 1998). California courts
typically review orders issued under Cal. Civ. Proc. Code § 708.510(a) for an
abuse of discretion, see Est. of Kempton v. Kinney, 308 Cal. Rptr. 3d 249, 262–63
(Ct. App. 2023); Mintz v. Denis, No. B331529, 2024 WL 4614878 (Cal. Ct. App.
Oct. 30, 2024), and so we review the court’s denial of Appellant’s Motion to
Modify the Assignment Order for an abuse of discretion. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
1. The district court did not abuse its discretion in denying Appellant’s
Motion to Modify the Assignment Order. The procedure governing enforcement
2 25-2497
of a money judgment generally must accord with the procedure of the state where
the court is located. See Fed. R. Civ. P. 69(a)(1). Here, sections 708.510 and
708.560 of the California Code of Civil Procedure constitute the relevant state law.
Section 708.560 requires the court to modify an assignment order “upon a showing
that there has been a material change in circumstances since the time of the
previous hearing on the assignment order.” Cal. Civ. Proc. Code § 708.560(b).
Section 708.510 provides that to secure satisfaction of a money judgment, a “court
may order the judgment debtor to assign to the judgment creditor . . . all or part of
a right to payment due or to become due,” including, among other types of
payments, “[r]oyalties” and “[p]ayments due from a patent or copyright.” Cal.
Civ. Proc. Code § 708.510(a). In determining whether to order an assignment, “the
court may take into consideration all relevant factors,” including “[t]he reasonable
requirements of [the] judgment debtor” and “[t]he
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}