City of Martinez v. Texaco Trading & Transportation, Inc.

The City of Martinez, California (“the City”) appeals the district court’s grant of summary judgment in favor of Defendant Texaco Trading and Transportation, Inc. (“Texaco”) 1 on the basis that the City’s seventeen causes of action were barred by res judicata because of an earlier civil com *761 promise between the California Department of Fish and Game (“DFG”) and Texaco. Because we determine that there are issues raised by the City’s suit not addressed by the DFG proceeding and that with regard to the City’s private easement claims, it was not in privity with the DFG in the first action, res judicata does not apply to those claims. Accordingly, we affirm the district court’s grant of summary judgment with regards to the City’s “public” claims, but we reverse with regard to the City’s private easement claims.

I.

A private landowner granted the City an Open Space and Conservation easement in January 1997, pursuant to California’s Open Space Easement Act of 1974. See Cal. Gov’t Code §§ 51070-51097. The easement covered a portion of Mococo Marsh, a 650-acre wetland area along the south shore of Carquinez Strait and Suisin Bay in California and was granted so that the City could…