Pistacchio

MEMORANDUM **

Flying J, Inc. appeals the district court’s order dismissing its action against Thomas J. Pistacchio, Delores Pistacchio, Central California Kenworth, Inc., John R. Lawson, and Lawson Rock & Oil, Inc. We affirm.

Flying J is collaterally estopped from proving causation on any of its claims in light of the determinations made by the California Court of Appeal in Flying J., Inc. v. California Transportation Commission, No. F049247, 2007 WL 926648 (Cal.Ct.App. Apr. 24, 2007). We are guided by the preclusion law of California, and conclude that its threshold requirements are met. See Lucido v. Superior Court, 51 Cal.3d 335 , 272 Cal.Rptr. 767 , 795 P.2d 1223, 1225 (1990) (requiring that the issues are identical, must have been actually litigated in the former proceeding, and must *238 have been necessarily decided in a decision that is final and on the merits).

Although Flying J points out that the former proceeding was in the nature of a mandamus seeking to invalidate the CTC’s disapproval of a proposed conveyance to Flying J, whereas this proceeding seeks recovery for alleged improprieties and conspiratorial conduct by Pistacchio and Lawson, both actions arise out of…