Guy N. Stafford v. Superior Court of State of California, in and for County of Los Angeles Eugene W. Biscailuz, as Sheriff of Los Angeles County

Good Law
272 F.2d 407·1959 U.S. App. LEXIS 5162
United States Court of Appeals for the Ninth CircuitOctober 26, 195916439California751 words

Opinion

Opinion

Plaintiff, Guy N. Stafford, appeals from a judgment dismissing this action without prejudice. The action was dismissed for lack of jurisdiction. The motion to dismiss, however, was based on the additional grounds that the amended complaint fails to state a claim upon which relief can be granted, and that the question sought to be litigated is res judicata.

The defendants named in the original complaint were the Superior Court of the State of California, in and for the County of Los Angeles, and Eugene W. Biscailuz, as sheriff of Los Angeles County. In a motion filed subsequent to the filing of his amended complaint, Stafford sought leave to add several additional parties defendant, including Louis F. Burke, presiding judge of the Superior Court of Los Angeles County, as representing all of the judges of that court.

In the first of six causes of action set out in the amended complaint, Stafford asked for a judicial declaration establishing that the allegations of that cause of action are true. The allegations thus sought to be confirmed pertain to litigation in the state courts of California extending over several years. This litigation relates to a claim long asserted by…

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