Schafler

Schafler v. HSBC Bank USA

Good Law
310 F. App'x 181
United States Court of Appeals for the Ninth CircuitJanuary 26, 2009Nos. 07-15412, 07-15414California322 words

Opinion

Lead Opinion

MEMORANDUM **

Pepi Schafler appeals pro se from the district court’s judgment dismissing her actions and the district court’s entry of a vexatious litigant order. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissal based on res judicata, Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002), and for lack of personal jurisdiction, Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 800 (9th Cir.2004). We review for an abuse of discretion entry of a vexatious litigant order. De Long v. Hennessey, 912 F.2d 1144, 1146 (9th Cir.1990). We affirm.

The district court properly dismissed Schafler’s actions against the bank defendants based on the doctrine of res judicata. Schafler may not relitigate whether the bank defendants conspired to convert money from a bank account that she and her then-husband jointly owned because those claims have already been litigated by the parties and ultimately decided by the New York court in favor of the bank defendants. See Schafler v. HSBC Bank USA, 23 A.D.3d 1083 , 803 N.Y.S.2d 924, 925 (N.Y.App.Div.2005).

The district court properly dismissed Schafler’s action against defendants Miller and Storie for lack of personal…

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