Legal Opinion

Merry v. Coast Community College District

California Court of Appeal

Decided September 25, 1979No. Civ. 20556PublishedCited by 34 opinions

1Opinion of the Court

Opinion

TAMURA, J.

This appeal involves the preclusive effect of a summary judgment for defendants in plaintiff’s federal court action for alleged violations of his civil rights on his subsequent state court action for the vindication of his state claims based upon the same operative facts. Defendants’ demurrer to plaintiff’s complaint in the state court action was sustained without leave to amend on the ground the federal court judgment was res judicata. Plaintiff appeals from the ensuing order dismissing his action.

Facts

Accepting for the purpose of this review the truth of the facts well…

2Cases cited41 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Hagans v. LavineSupreme Court of the United States · 1974
  4. Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
  5. Hurn v. OurslerSupreme Court of the United States · 1933

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

3Cited by34 opinions

  1. Eichman v. Fotomat Corp.California Court of Appeal · 1983
  2. Connecticut National Bank v. RytmanSupreme Court of Connecticut · 1997
  3. Mattson v. City of Costa MesaCalifornia Court of Appeal · 1980
  4. Sattler v. BaileyWest Virginia Supreme Court · 1990
  5. Acuña v. Regents of the University of CaliforniaCalifornia Court of Appeal · 1997

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

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