Gribovszki

DISCUSSION

In this appeal, plaintiff attempts to reassert the claims he made in his first appeal, arguing again that his first six causes of action in the first amended complaint are not barred by res judicata, because they were not adjudicated on the merits. The standard of review for an order denying leave to amend is abuse of discretion. (Branick v. Downey Savings & Loan Assn. (2006) 39 Cal.4th 235, 242.) Therefore, “there is a presumption in favor of the actions of the trial court to the effect that its discretion was properly exercised, and the burden and responsibility is on the appellant to affirmatively establish an abuse of that discretion.” (Mesler v. Bragg Management Co. (1990) 219 Cal.App.3d 983, 991.) The trial court did not abuse its discretion in denying Plaintiff’s motion for leave to amend. Plaintiff’s requested amendment of his first amended complaint was to re- allege the first six causes of action that were previously dismissed on the basis of res

3 judicata. This proposal was in direct contravention of this court’s opinion in the previous appeal, and did not comply with the limited remand. The trial court’s denial of plaintiff’s motion because the proposed…