Legal Opinion

George v. City of Morro Bay (In Re George)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 9, 2004No. BAP No. CC-04-1319-KPAB, Bankruptcy No. ND 94-12409 RR, Adversary No. ND 02-01228 RRPublishedCited by 27 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

This is an appeal from a judgment based on the res judicata doctrine of claim preclusion, which the court invoked to refuse to consider a new theory regarding a transaction that the parties previously had litigated to finality. Concluding that the General Rule of Bar and the General Rule Concerning Splitting, as stated in Restatement (Second) of Judgments §§ 19 and 24, combine to warrant imposition of claim preclusion, we AFFIRM.

FACTS

Appellants, James and Margie George, who in 1987 had leased nonresidential real property for thirty years from appellee, the City…

2Cases cited16 opinions

  1. New Hampshire v. MaineSupreme Court of the United States · 2001
  2. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  3. Brown v. FelsenSupreme Court of the United States · 1979
  4. Baker v. General Motors Corp.Supreme Court of the United States · 1998
  5. Western Systems, Inc. Lee M. Holmes v. Richard F. Ulloa David J. UlloaCourt of Appeals for the Ninth Circuit · 1992

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3Cited by27 opinions

  1. Khaligh v. Hadaegh (In Re Khaligh)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  2. Lopez v. Emergency Service Restoration, Inc. (In Re Lopez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  3. Hansen v. Moore (In Re Hansen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  4. Cogliano v. Anderson (In Re Cogliano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  5. Brawders v. County of Ventura (In Re Brawders)Court of Appeals for the Ninth Circuit · 2007

22 more not listed; retrieve them via the Exa API.

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