Palomar Mobilehome Park Association v. City of San Marcos
Opinion
Opinion
Wiggins, J.
Palomar Mobilehome Park Association (“Palomar”) filed suit in federal court, challenging the City of San Marcos’s (“City”) mobilehome park rent control ordinance. The district court dismissed the case because it was barred by the doctrine of res judicata. The district court had jurisdiction pursuant to 28 U.S.C. §§ 1331 (a) and 1343(3). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.
FACTS
On September 14, 1989, Palomar filed a complaint in the San Diego Superior Court, challenging the City’s rent control ordinance. The City filed a general demurrer to the complaint. The superior court sustained the demurrer and dismissed the complaint. Palomar appealed the dismissal to the California Court of Appeals, and the dismissal was affirmed. The appellate court dealt with Palomar’s federal claims at length and found that no taking had occurred.
Palomar then filed suit on essentially the same facts in the federal district court. The district court dismissed the federal action under the doctrine of res judicata. The district court specifically found that the federal constitutional issues were fully litigated in the state court proceedings. Palomar appeals.