Martinez v. Universal Underwriters Ins. Co.

15 F.3d 1087 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joe MARTINEZ; Alisandra Martinez husband and wife; Martinez Enterprises, Inc., a domestic corporation, Plaintiffs-Appellants v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, a stock insurance company Defendant-Appellee. No. 92-35483. United States Court of Appeals, Ninth Circuit. Submitted Dec. 16, 1993. * Decided Dec. 22, 1993. Before: GOODWIN, CANBY AND KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 The judgment of the district court is affirmed. The question whether evidence relating to the criminal proceeding was improperly destroyed was litigated in the criminal trial and decided adversely to appellant Martinez. We must give that determination binding effect. See Migra v. Warren City School Dist. Bd. of Educ., 959 F.2d 75, 80-81 (1984); Fahlen v. Mounsey, 728 P.2d 1097, 1100 (Wash.App.1986); Safeco Ins. Co. v. McGrath, 708 P.2d 657 (Wash.App.1985). Martinez has shown no other facts establishing a lack of full and…