Ziegler
Ziegler v. Bank of America
Opinion
Lead Opinion
MEMORANDUM ***
Wayne T. Ziegler appeals from the district court’s Fed.R.Civ.P. 12(b)(6) dismissal of his claims against Bank of America (“the Bank”).
Ziegler admits that he purposely failed to disclose the potential causes of action arising from disputes regarding the Bank’s administration of his accounts on *820 the schedule of assets he filed in connection with his Chapter 7 bankruptcy petition. This breach of his affirmative duty to schedule assets and liabilities estops him from litigating causes of actions concealed from his creditors and the bankruptcy trustee. See First Nat’l Bank of Jacksboro v. Lasater, 196 U.S. 115, 119 , 25 S.Ct. 206 , 49 L.Ed. 408 (1905). We therefore conclude that the district court did not err in dismissing the four claims relating to Ziegler’s accounts.
Ziegler’s claim alleging a conspiracy between the Bank and the operators of a self-storage facility is identical to a Racketeer Influenced and Corrupt Organizations (“RICO”) claim advanced by Ziegler and dismissed with prejudice in an earlier action against the Bank in the Central District of California. Such dismissal constitutes a final judgment on the merits for purposes of res judicata. See…