Powell

Powell v. Alleghany Corp.

Good Law
52 F. App'x 18
United States Court of Appeals for the Ninth CircuitNovember 27, 2002No. 01-56599; D.C. No. CV-01-02546-FMCCalifornia381 words

Opinion

Lead Opinion

MEMORANDUM **

Patricia H. Powell appeals the district court’s order dismissing her action alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) by insurance and title companies involved in the court-ordered escrow and sale of Powell’s property. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s dismissal based on res judicata, W. Radio Servs. Co. v. Glickman, 123 F.3d 1189 , 1192 (9th Cir.1997), and we affirm.

Powell’s claims have been the subject of two prior state court actions, 1 as well as a federal complaint which was the subject of an appeal before this Court. 2 The district court correctly determined that Powell’s complaint was barred by *20 principles of res judicata: the claim relates to the same “primary right” asserted in the prior actions; the prior judgments were final and on the merits; and the plaintiff was a party or in privity with a party in the prior actions. See Monterey Plaza Hotel Ltd. P’ship v. Local 483 of the Hotel Employees and Rest. Employees Union, AFL-CIO, 215 F.3d 923, 928 (9th Cir.2000).

Powell’s argument that granting preclusive effect to a state court decision violates the…

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