Adrian C. Eichman v. Fotomat Corporation, a Delaware Corporation

I concur fully in Judge Ferguson’s opinion.

California’s antitrust statute, the Cartwright Act, Cal.Bus. & Prof.Code §§ 16700-60 (West 1964 & Supp.1985), follows the model of the Sherman Act, 15 U.S.C. § 1 (1982). The congruity of the statutes led us to invoke res judicata and to hold, in earlier precedent, that where a plaintiff sustains an adverse judgment in a suit on the Cartwright Act in state court, he may not rely on the Sherman Act to relitigate the case in federal court. Derish v. San Mateo-Burlingame Board of Realtors, 724 F.2d 1347 (9th Cir.1983). The holding in Derish and its…