Prior state court judgment based on collateral estoppel effect of a federal court judgment is not entitled to res judicata effect after the federal court judgment was reversed on appeal. On a prior appeal, the state Court of Appeal affirmed a judgment dismissing plaintiff’s claims based on the collateral estoppel effect of a federal court judgment dismissing his federal civil rights claims arising from the same incident. After the state Court of Appeal affirmed and issued its remittitur, the Ninth Circuit, en banc, reversed the federal district court judgment on which the prior state court decision was based. This decision holds that under these circumstances, the prior state court judgment and affirmance on appeal should not be given res judicata effect. Instead, the plaintiff is allowed to refile and pursue the same state law claims alleged in his original dismissed action.
California Court of Appeal, Fourth District, Division 3 (Fybel, J.); September 19, 2017; 2017 WL 4129456