Caligiuri

Caligiuri v. Columbia River Bank Mortgage Group

Good Law
329 F. App'x 93
United States Court of Appeals for the Ninth CircuitMay 21, 2009No. 07-35445California447 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Vincent-Ralph Caligiuri appeals pro se the district court’s dismissal without leave to amend of his action against defendants Columbia River Bank Mortgage Group (“CRB”), Wells Fargo, and Freedom Mortgage Corp. (“Freedom”), Loan-Care Servicing Center, Inc. (“LoanCare”), and Northwest Trustee Services, Inc. (“NWTS”), for claims under the Truth in Lending Act (“TILA”), the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and various supplemental state law claims. We affirm the district court’s dismissal of Caligiuri’s claims.

Caligiuri’s claims against CRB, Freedom, LoanCare, and NWTS are all claim-precluded by his previous state court lawsuit against CRB and Freedom. We apply Oregon law of claim preclusion, Maldonado v. Harris, 870 F.3d 945, 951 (9th Cir.2004). Under Oregon law, a plaintiff

Rennie v. Freeway Transport, 294 Or. 319 , 656 P.2d 919 (1982); see also Bloomfield v. Weakland, 389 Or. 504 , 123 P.3d 275, 279 (2005) (en banc). Caligiuri’s claims in this case arise from the same factual transactions as his claims in the state case, and he could have or did bring all of his claims in *95 this case in the previous state case against…

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