IN RE: Travis Jacob TRUPP (2019)

United States Court of Appeals, Ninth Circuit.

IN RE: Travis Jacob TRUPP, Travis Jacob Trupp, Appellant, v. Higgs Fletcher & Mack LLP, Appellee.

No. 17-56454

Decided: March 20, 2019

Before: WARDLAW and BENNETT, Circuit Judges, and SESSIONS,** District Judge.

Karen Spicker, Special Counsel, Doan Law Firm, Oceanside, CA, for Appellant Paul J. Leeds, Esquire, Higgs Fletcher & Mack LLP, San Diego, CA, for Appellee

MEMORANDUM ***

Travis Trupp appeals the bankruptcy court's award of civil contempt damages and attorney's fees, arguing that the award is insufficient. The district court affirmed the bankruptcy court's ruling. We affirm as well.

The bankruptcy court found that Higgs Fletcher & Mack LLP (“HFM”) was liable for civil contempt sanctions, and awarded Trupp $1,067.50 in damages, fees and costs. In doing so, the bankruptcy court properly considered whether Trupp could have mitigated his damages in light of HFM's diligent effort to take responsibility for its actions. See In re Roman, 283 B.R. 1, 12 (9th Cir. BAP 2002). The bankruptcy court also properly determined a reasonable rate for Trupp's attorney's services, supporting its determination with specific findings. See Gracie v. Gracie, 217 F.3d 1060, 1070 (9th Cir. 2000). We have reviewed Trupp's remaining arguments and find them to be without merit.

Trupp's request for judicial notice of material from outside the district court record is denied (Dkt. 21). See Fed. R. App. P. 10(a).

AFFIRMED.

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