Kisaka v. Univ. Southern Cal. CA2/4
Appellant Doug Kisaka, in propria persona, appeals the trial court’s order sustaining respondents’ demurrer and dismissing all causes of action without leave to amend. The trial court ruled that res judicata barred appellant’s claims, which had previously been asserted in federal court, and dismissed the action with prejudice. The principal issue on appeal is whether the prior dismissal in federal court pursuant to Federal Rule of Civil Procedure (FRCP) rule 41, subdivision (b) was a “‘final judgment on the merits’” that had res judicata effect in state court. The trial court ruled that the prior dismissal in federal court due to appellant’s persistent failure to comply with court rules and discovery orders was a “judgment on the merits” under California law. Appellant was thus precluded from reasserting his claims in state court. We affirm.
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