Richard Breinholt v. Popular Warehouse Lender

Good Law
670 F. App'x 566
United States Court of Appeals for the Ninth CircuitNovember 7, 201613-35220California545 words

Opinion

Opinion

MEMORANDUM

Richard William Breinholt and Susan Lyn Breinholt appeal pro se from the district court’s judgment dismissing their action alleging federal and state law foreclosure-related claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6). Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1040-41 (9th Cir. 2011). We affirm.

The district court properly dismissed the Breinholts’ claims against Aegis "Wholesale Corporation, OneWest Bank, FSB, Tri-County Process Serving LLC (“Tri-County”), Regional Trustee Services Corporation, and Pioneer Lender Trustee Services, LLC, as barred by the doctrine of res judicata because the Breinholts’ claims were raised, or could have been raised, in a prior state court action between the parties or their privies that resulted in a final judgment on the merits. See Pocatello Hosp., LLC v. Quail Ridge Med. Investor, LLC, 157 Idaho 732 , 339 P.3d 1136, 1142 (2014) (stating elements of res judicata under Idaho law and holding that res judicata bars litigation of claims that were, or could have been, raised in the prior action); Kawai Farms, Inc. v.…

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