Koch v. Estrella CA4/1
In 2003, plaintiff Jack Koch sued several state prison officials in federal court, alleging they violated his federal civil rights by wrongfully taking a DNA sample from him while he was an inmate. The federal lawsuit concluded in August 2009. In November 2016, Koch filed this action asserting state-law claims against the same prison officials arising from the same 2003 DNA-sample incident. Several of these defendants (Demurring Defendants) demurred on the bases of res judicata and statute of limitations. The trial court sustained their demurrer without leave to amend on untimeliness grounds, and denied Koch's motion for reconsideration. He appeals both rulings. We affirm.
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