Duffy

In 1985 appellant Ralph T. Duffy, Jr., filed this action against the City of Long Beach (the City) and certain City employees for “damages for denial of constitutional and civil rights [ 42 U.S.C. §§ 1983 , 1985]. He appeals from orders of dismissal following the sustaining of demurrers to his complaint against the City and third amended complaint against the individual employees. We hold the trial court properly sustained the demurrers on grounds of res judicata and failure to state a cause of action, since the main issues involved in this case were previously decided against appellant in an action he filed in United States District Court in 1983, Duffy v. City of Long Beach, No. CV 83 2034 LTL, C.D. Cal.

Appellant had ambition to construct a house with his own efforts. In June 1968 he obtained permits to build a house on his lot at 370 Flint Avenue in Long Beach. Fifteen years later, at the time of the federal court suit, appellant still had managed to build only a partial structure, a deteriorating open frame shell, which had been declared a nuisance under city ordinances defining nuisance to include buildings left unreasonably in a state of partial…