Legal Opinion
Peng v. City of Bellflower
Court of Appeals for the Ninth Circuit
Decided February 1, 2002No. 99-55956; D.C. No. CV-98-02510-DTPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM*
1. Res Judicata Vis-a-Vis the City
We review de novo a trial court’s grant of summaiy judgment on res judicata grounds.1
The res judicata question is whether the Planning Commission’s hearings should have claim-preclusive effect in federal court. The district court decided this issue solely on the basis of the Utah Construction test.2 The Utah Construc*731tion test is only a threshold analysis, however, and does not fully control the res judicata question.3 Once the Utah Construction test is satisfied, the question of preclusion becomes a matter of state law,4 and federal courts must…
2Cases cited23 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- City of Canton v. HarrisSupreme Court of the United States · 1989
- United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
- University of Tennessee v. ElliottSupreme Court of the United States · 1986
18 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bowman v. City of Boise CityDistrict Court, D. Idaho · 2023