Legal Opinion
Nghiem v. Ghazvini
Court of Appeals for the Ninth Circuit
Decided December 23, 2002No. 01-16632; BAP No. NC-00-01580-PKMaPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM **
The threshold issue is whether Debtor’s claims are barred by the doctrine of res *490judicata because he failed to raise the claims in an unlawful detainer action prosecuted in the Superior Court for Santa Clara County. We conclude that Debtor is attempting to relitigate issues previously adjudicated against him in the Santa Clara County Superior Court. Because the parties are familiar with the pertinent facts, we do not state them here.
As noted in Siegel v. Fed. Home Loan Mortgage Corp., 143 F.3d 525, 528-29 (9th Cir.1998),
[t]he doctrine of res judicata bars a party from bringing a…
2Cases cited3 opinions
- Larry M. Siegel Selwyn Gerber v. The Federal Home Loan Mortgage Corporation J.I. Kislak Mortgage Corporation Gunther Torriani Carolyn PazCourt of Appeals for the Ninth Circuit · 1998
- Tome v. Baer (In Re Tome)United States Bankruptcy Court, C.D. California · 1990
- Robertson v. Isomedix, Inc.Court of Appeals for the Ninth Circuit · 1994
3Cited by4 opinions
- Fjeldsted v. Lien (In Re Fjeldsted)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- Sticka v. Casserino (In Re Casserino)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- Nghiem v. AghaSupreme Court of the United States · 2003
- Nghiem v. AghaCourt of Appeals for the Ninth Circuit · 2006