Austin v. Kemper Corp.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GEORGE JARVIS AUSTIN, Case No. 24-cv-04183-JD
Plaintiff,
ORDER RE DISMISSAL
v.
KEMPER CORP., et al., Defendants.
12 The gravamen of plaintiff George Austin’s allegations and claims against defendant Kemper Corp. is that, after Austin was injured in a car accident by a Kemper-insured driver, Kemper discriminated against Austin by refusing to agree to a settlement because of his race. See Dkt. No. 34 (FAC) at ECF 8-9, 11-13, 24-31; Dkt. No. 71 ¶¶ 3-4. Essentially the same allegations and claims were dismissed by another judge in this District for failing to state a claim upon which relief could be granted. See Austin v. Kemper Corp., 21-cv-03208-SI, Dkt. Nos. 80, 95. In these circumstances, because Austin presses claims that “were raised or could have been raised” in that prior case, his present suit is barred by res judicata. Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir. 2002) (emphasis in original) (quoting Owens v. Kaiser Found. Health Plan, Inc., 244 …