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

*1436FERGUSON, Circuit Judge:

This case is before us on appeal from the district court’s dismissal of Eichman’s lawsuit on the ground that Eichman’s claims were barred by the res judicata effect of an earlier state suit. Because California preclusion law includes the requirement of prior jurisdictional competency, under Marrese v. American Academy of Orthopaedic Surgeons, — U.S.-, 105 S.Ct. 1327, 84 L.Ed.2d 274 (1985), we find that Eichman is not precluded from bringing a federal action when the state court had no jurisdiction to hear Eichman’s federal claims. We therefore reverse the district…