Richard Lane v. Anne Stausboll
Opinion
Opinion
MEMORANDUM
Richard R. Lane appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1988 action alleging constitutional violations in connection with the calculation of his California Public Employees’ Retirement System pension benefit. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal of Lane’s action as barred by the doctrine of res judicata, Holcombe v. Hosmer, 477 F.3d 1094, 1097 (9th Cir.2007), and we affirm.
The district court properly dismissed Lane’s action on the basis of res judicata because Lane had a final adjudication on the merits of his pension calculation in California state court. See Migra v. Warren City Sch. Dist. Bd. of Educ., 465 U.S. 75, 81 , 104 S.Ct. 892 , 79 L.Ed.2d 56 (1984) (preclusive effect of state court judgment is determined by the law of the state); Eichman v. Fotomat Corp., 147 Cal.App.3d 1170 , 197 Cal.Rptr. 612, 614 (1983) (under California law, res judicata bars second action “if two actions involve the same injury to the plaintiff and the same wrong by the defendant ... even if in the second suit the plaintiff pleads different theories of recovery”).