S.B. Mitford v. Bernard L. Marsh, S.B. Mitford v. Bernard L. Marsh

972 F.2d 1341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. S.B. MITFORD, Plaintiff-Appellant, v. Bernard L. MARSH, Defendant-Appellee. S.B. MITFORD, Plaintiff-Appellant, v. Bernard L. MARSH, Defendant-Appellee. Nos. 91-35295, 91-35932. United States Court of Appeals, Ninth Circuit. Submitted Aug. 21, 1992. * Decided Aug. 25, 1992. Before HUG, D.W. NELSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 This appeal, the culmination of six years of litigation, arises from a breach of contract action originally brought on May 22, 1985, by Plaintiff/Appellant S.B. Mitford in state court seeking to recover $16,765.92 in real estate commissions and $200,000 in punitive damages for "financial and emotional distress" from his former employer Defendant/Appellee Bernard Marsh. 3 On November 6, 1986, the state court dismissed the "financial and emotional distress" cause of action as a sanction against Mitford for failure to comply with court-ordered discovery. On December 2,…