Pesqueira

MEMORANDUM **

Paul Pesqueira appeals from the partial adjudication dismissing his 42 U.S.C. § 1988 claim. A state court denied his Petition for Writ of Mandate, in which Pesqueira claimed that he was summarily demoted under a constitutionally invalid provision of a municipal employment manual. The district court held that res judicata barred the § 1983 claim, which included a First Amendment claim not expressly raised in the state court action and declined to exercise supplemental jurisdiction over the state law claims.

Generally, under California law, a judgment resolving a claim for “declaratory and coercive relief, has a preclusive effect.” Mycogen Corp. v. Monsanto Co., 28 Cal.4th 888 , 123 Cal.Rptr.2d 432 , 51 P.3d 297, 306 (2002). “California’s res judicata doctrine is based upon the primary right theory.” Id. “In determining the primary right at stake, the significant factor is the harm suffered.” Takahashi v. Bd. of Trs. of Livingston Union Sch. Dist., 783 F.2d 848 , 851 (9th Cir.1986) (internal quotation marks omitted). Generally, in the employment context, the “primary right” is “the contractual right to employment.” Id. However, it is unclear from the state…