Kisaka

Kisaka v. U. of Southern Cal. CA2/4

Good Law
Court of Appeal of CaliforniaMay 23, 2024B323698California1,401 words

Opinion

Opinion

Zukin, J.

INTRODUCTION

Plaintiff Doug Kisaka (Kisaka) challenges an order sustaining, without leave to amend, a demurrer filed by defendant University of Southern California (USC). Kisaka contends that the trial court misunderstood the res judicata effect of a prior federal court ruling. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Some of the facts relevant here were discussed in a previous opinion issued by this division. (Kisaka v. University of Southern California (Dec. 21, 2018, B284559) [nonpub. opn.] (Kisaka I).) In March of 2011, Kisaka filed a lawsuit in federal court, alleging several causes of action for race discrimination arising out of his attendance at USC. On April 15, 2014, the court dismissed the case pursuant to Federal Rules of Civil Procedure, rule 41(b). The dismissal was affirmed on appeal. (Kisaka v. University of Southern California (9th Cir. 2016) 668 Fed.Appx. 747.) In February 2017, Kisaka refiled his action in Los Angeles County Superior Court. In August 2017, that case was dismissed after USC’s demurrer was sustained without leave to amend. Kisaka appealed. This division affirmed, holding that the judgment in the federal case had claim…

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