George

George v. City of Morro Bay (In re George)

Good Law
144 F. App'x 636·335 B.R. 636
United States Court of Appeals for the Ninth CircuitAugust 10, 2005No. 05-55081; BAP No. CC-04-01319-KPaBCalifornia372 words

Opinion

Lead Opinion

MEMORANDUM **

James and Margie George (“Georges”) appeal pro se a decision by the Bankruptcy Appellate Panel (“BAP”) affirming a bankruptcy court’s dismissal of their action against the City of Morro Bay (“City”). The BAP ruled the Georges’ action was barred by claim preclusion. See George v. City of Morro Bay, 318 B.R. 729, 738-39 (9th Cir.BAP 2004). We affirm.

DISCUSSION

Claim preclusion prevents the relitigation of claims previously tried and decided. Littlejohn v. United States, 321 F.3d 915, 919-20 (9th Cir.2003). It also bars claims that could have been asserted in a previous action between the same parties in the same cause of action, even if such claims were not raised. Id. at 920 . The record indicates the Georges have litigated at least twice with the City regarding the surrender of their lease under 11 U.S.C. § 365 (d)(4). See George v. City of Morro Bay, 177 F.3d 885 (9th Cir.1999) (George I); George v. City of Morro Bay, 322 F.3d 586 (9th Cir.2003) (George II). We agree with the BAP that the Georges’ new theory — that surrender of their lease violated 11 U.S.C. § 525 — could have been raised in a prior proceeding. We do not agree with the Georges that the…

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