Villamar

Villamar v. Hersh

Good Law
37 F. App'x 919
United States Court of Appeals for the Ninth CircuitJune 18, 2002No. 01-56073; D.C. No. CV-00-02570-JTM(JFS)California832 words

Opinion

Lead Opinion

MEMORANDUM **

Teresa B. Villamar appeals from the district court’s order, which affirmed the bankruptcy court’s dismissal of her adversary complaint for failure to state a claim under Bankruptcy Rule 7012(b) and award of sanctions. We have jurisdiction under 28 U.S.C. § 158 (d), and we affirm.

I. Issue Preclusion

Villamar is precluded from relitigating the issue of whether the lien was discharged in bankruptcy. The doctrine of issue preclusion prevents relitigation of all “issues of fact or law that were actually litigated and necessarily decided” in a pri- or proceeding. Segal v. American Tel. & Tel. Co., 606 F.2d 842, 845 (9th Cir.1979). Issue preclusion applies if: (1) Villamar was afforded a full and fair opportunity to litigate the same issue in the prior action; (2) the issue was actually litigated and decided against Villamar in a final decision; and (3) the issue was necessary to support the judgment. Clark v. Bear Stearns & Co., 966 F.2d 1318, 1320 (9th Cir.1992); Robi v. Five Platters, Inc., 838 F.2d 318, 322 (9th Cir.1988).

Here, each of the requisites for issue preclusion are met. Villamar brought a motion that directly put at issue whether Hersh’s lien was a…

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