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JAVAHERI v. BANK AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST 100 (2021)

United States Court of Appeals, Ninth Circuit.2021-08-27No. No. 20-56079

Summary

Holding. The court affirmed the district court's dismissal of Javaheri's action as properly barred by the doctrine of res judicata.

Daryoush Javaheri appealed the dismissal of his lawsuit against a bank trustee that involved claims related to foreclosure proceedings. The district court dismissed the case under the doctrine of res judicata, finding that Javaheri's claims either had been litigated or could have been raised in an earlier federal action between parties in privity, which had already resulted in a final judgment on the merits. The court also noted that it would not review arguments presented for the first time during the appeal.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether claims arising from foreclosure proceedings are barred by res judicata
  • Whether claims are identical when they arise from the same transactional nucleus of facts
  • Privity of parties in res judicata analysis

Procedural posture

Javaheri appealed pro se from a district court judgment dismissing his federal and state law claims arising from foreclosure proceedings.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

Daryoush Javaheri appeals pro se from the district courts judgment dismissing his action alleging federal and state law claims arising from foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Puri v. Khalsa, 844 F.3d 1152, 1157 (9th Cir. 2017) (dismissal under Federal Rule of Civil Procedure 12(b)(6)); Mpoyo v. Litton Electro-Optical Sys., 430 F.3d 985, 987 (9th Cir. 2005) (dismissal on the basis of res judicata). We affirm.

The district court properly dismissed Javaheris action as barred by the doctrine of res judicata because Javaheris claims were raised, or could have been raised, in his prior federal action, which involved parties in privity, and resulted in a final judgment on the merits. See id. at 987-88 (elements of federal res judicata; claims are identical if they arise from the same transactional nucleus of facts).

We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.