Cambilargiu v. Bank of America National Ass'n

Good Law
588 F. App'x 728
United States Court of Appeals for the Ninth CircuitDecember 22, 201413-56006California334 words

Opinion

Opinion

MEMORANDUM

Prince Song Cambilargiu, Shahram Kaywanfar, and Rebecca Kaywanfar (“plaintiffs”) appeal from the district court’s judgment dismissing their action alleging federal and state law claims arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal on the basis of res judicata. Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002). We affirm.

The district court properly dismissed plaintiffs’ action as barred by the doctrine of res judicata because the elements of the doctrine were satisfied. See Adam Bros. Farming, Inc. v. County of Santa Barbara, 604 F.3d 1142, 1148-49 (9th Cir.2010) (setting forth elements of res judicata under California law and explaining that different theories of recovery are the same claim for res judicata purposes if they arise from the same alleged invasion of a primary right).

We reject plaintiffs’ arguments that ap-pellee improperly appeared in the action below or. deceived the district court as to its identity, as well as plaintiffs’ arguments that the district court erred in denying plaintiffs’ request for a continuance of the hearing on appellee’s motion to…

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