LAW.coLAW.co

Rodolfo VELASQUEZ, Plaintiff-Appellant, v. CHASE HOME FINANCE LLC; Fannie Mae, Defendants-Appellees

United States Court of Appeals for the Ninth Circuit2012-08-15No. No. 11-17173
475 F. App'x 252

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

MEMORANDUM

Rodolfo Velasquez appeals pro se from the district court’s judgment dismissing his action arising out of foreclosure proceedings as barred by the doctrine of res judi-cata. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002). We affirm.

The district court properly dismissed Velasquez’s action as barred by the doctrine of res judicata because Velasquez raised, or could have raised, these claims in his prior action that involved the same defendants and was decided on the merits. See id. (res judicata bars litigation in a subsequent action of “ ‘any claims that were raised or could have been raised’ in a prior action” (emphasis and citation omitted)).

Velasquez’s pending loan modification applications do not render this case moot because they do not resolve the parties’ dispute. See Leigh v. Salazar, 677 F.3d 892, 896 (9th Cir.2012) (case is moot if events subsequent to the filing of the case resolve the parties’ dispute).

Velasquez’s requests for judicial notice are denied.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.