Brent L. Sellick v. Clipper Yacht Company, a Corp.

Proceeding in pro. per., both in the trial court and here, Sellick appeals from a summary judgment against him. On September 20, 1965, he filed a libel in personam in admiralty, asserting that appellee had converted the vessel Hazard II, in which he had an interest as conditional vendor, that appellee claims a lien on the vessel for wharfage, that appellee has used the vessel, and that appellee has damaged it. He asked damages as follows: $15,800 as rental value of the vessel from June 1, 1962 until October 1, 1965, $11,375 for damage to the vessel, and $9,500 for conversion.

Appellee moved for summary judgment, relying upon the judgment in another action as res judicata. In that case Sellick had sued appellee and the conditional vendees in the Superior Court, San Mateo County, California, on January 10, 1964. The complaint .contained two causes of action. In the first, Sellick alleged ownership of the Hazard II, that the defendants had converted it, and that its value was $8,000. In the second, he alleged the conditional sale of the vessel, that the vendee had paid only $400, and that the balance due was $6,-500. He sought to recover $8,000 for the conversion as well as the…