Calvert

Calvert v. Huckins

Good Law
109 F.3d 636·97 Daily Journal DAR 3993·1997 WL 134120·1997 U.S. App. LEXIS 5634·97 Cal. Daily Op. Serv. 2149
United States Court of Appeals for the Ninth CircuitMarch 26, 1997No. 96-15301California832 words

Opinion

Lead Opinion

William and Elfreida Calvert own a ranch in Yuba County, California. The only access to the Calverts’ ranch is provided by a private road owned by Western Aggregates, Inc. (Western), and maintained by the other defendants. In an earlier state court action in California, the state court quieted title to the road in Yuba Natural Resources (Western’s predecessor-in-interest), and granted the Calverts a private easement to use the western portion of the road. In 1994, the Calverts sued Western in federal district court in the present lawsuit seeking a public easement over the same road. The district court granted summary judgment in favor of Western on the ground that res judicata barred the Calverts’ present suit. Calvert v. Huckins, 897 F.Supp. 445 (E.D.Cal.1995). The Calverts appeal. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

*638 Although the district court decided the case on the ground of claim preclusion, the ease is more appropriately analyzed and resolved within the framework of issue preclusion. See Robi v. Five Platters, Inc., 838 F.2d 318 , 321-22 & n. 2 (9th Cir.1988) (discussing the difference between claim preclusion and issue preclusion and noting the…

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