Franklin

MEMORANDUM *

Laurian Franklin appeals the district court’s grant of summary judgment on claim preclusion grounds in favor of the California Youth Authority (CYA) in her Title VII action alleging that she was dismissed from employment as a youth correctional counselor in retaliation for a lawsuit she had filed alleging sexual harassment and retaliation based on earlier CYA actions against her. See 42 U.S.C. § 2000e-3. We reverse and remand.

The district court erred in concluding that the “claims or legal theories” that Franklin pursued in her administrative and state court proceedings arise out of the same cause of action, and same primary right, as those in this action. California law requires that “all claims based on the same cause of action must be decided in a single suit.” Allied Fire Prot. v. Diede Constr., Inc., 127 Cal.App.4th 150, 154 , 25 Cal.Rptr.3d 195 (2005) (internal quotation marks omitted). Two claims are based on the same cause of action if both seek to vindicate the same “primary right.” See Maldonado v. Harris, 370 F.3d 945, 952 (9th Cir.2004) (“[A] cause of action is comprised of a primary right of the plaintiff, a corresponding primary duty of the defendant,…

concurring.

I concur in the result.