Deniz Bolbol v. Feld Entertainment, Inc.

MEMORANDUM

Deniz Bolbol and Joseph Cuviello appeal the district court’s orders dismissing their complaint and granting summary judgment to Defendants. Plaintiffs contend that the district court erred by (1) finding that Plaintiffs were collaterally estopped from bringing their claim that Defendants violated their constitutional right to film over the wall of the backstage loading area of the HP Pavilion; (2) finding that a claim for violation of free speech rights under Article I, section 2(a) of the California Constitution requires proof that the defendant was a state actor; and (3) dismissing Plaintiffs’ claim for vandalism. We affirm.

1. The district court found that collateral estoppel warranted dismissing Plaintiffs’ complaint based on a long running prior litigation between Plaintiffs, the HP Pavilion’s management, and the City of San Jose, pertaining to Plaintiffs’ free speech activity in the HP Pavilion’s parking lot. We review de novo the district court’s order dismissing a complaint for failure to state a claim for which relief can be granted. Stone v. Travelers Corp., 58 F.3d 434, 436-37 (9th Cir.1995). Three requirements must be met before collateral estoppel can…