Tatarian
Tatarian v. Sweeney
Opinion
Lead Opinion
MEMORANDUM **
We do not reach Tatarian’s argument that res judicata does not preclude successive facial challenges to different provisions of a single ordinance, because his first suit by its terms challenged the entire ordinance. His complaint alleged that “Ordinance No. 18.89[sic], enacted by the City of Anaheim on October 5, 1993, and/or the specific provisions outlined hereinabove are invalid and void,” and sought “a declaration as to whether or not Ordinance No. 18.89 is constitutionally val *476 id or invalid.” Compl. f 12 (emphasis added). The district court construed the suit as “challenging the City of Anaheim’s conditional use permit (“CUP”) ordinance, codified as Title 18, Chapter 18.89 ... of the Anaheim Municipal Code.” Order at 1. Ta-tarian’s failure to support his claim with legal arguments pertinent to most of the ordinance’s provisions does not alter the scope of his claim. Even if he is correct that his prior counsel “chose unfortunately loose and overbroad language,” Reply Br. at 14, Tatarian is bound. Because Tatari-an’s current suit raises claims he brought in his first suit, it is barred by res judicata. See In re Jenson, 980 F.2d 1254, 1256 (9th…