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Finander v. Eskanos Adler

United States Court of Appeals, Ninth Circuit
Nov 20, 2007
255 F. App'x 192 (9th Cir. 2007)

Summary

holding explicitly that an anti-SLAPP order is an adjudication "on the merits" for claim preclusion purposes

Summary of this case from Haynes v. Hanson

Opinion

No. 06-56276.

Submitted October 22, 2007.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 20, 2007.

Brian E. Finander, Long Beach, CA, pro se.

Marlene R. Finander, Long Beach, CA, pro se.

Justin J. Schnitzler, Esq., Murphy Pearson Bradley Feeney, Sacramento, CA, for Defendants-Appellees.

Appeal from the United States District Court for the Central District of California, Dale S. Fischer, District Judge, Presiding. D.C. No. CV-06-02669-DSF.

Before: B. FLETCHER, WARDLAW, and IKUTA, Circuit Judges.



MEMORANDUM

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


Brian and Marlene Finander appeal pro se from the district court's order dismissing their statutory and tort claims pursuant to Fed.R.Civ.P. 12(b)(6) on the basis of res judicata. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review the court's dismissal de novo, Rodriguez v. Panayiotou, 314 F.3d 979, 983 (9th Cir. 2002), and we affirm.

The district court properly dismissed the Finanders' action on the basis of res judicata because it involved the same claims and parties as a prior state court action that was dismissed on the merits under the California Strategic Lawsuit Against Public Participation (SLAPP) laws. See Los Angeles Branch NAACP v. Los Angeles Unified Sch. Dist., 750 F.2d 731, 736-37 (9th Cir. 1984) (en banc) (applying the doctrine of res judicata where, inter alia, "the first suit concluded in a final judgment on the merits"); Traditional Cat Ass'n, Inc. v. Gilbreath, 118 Cal. App.4th 392, 13 Cal.Rptr.3d 353, 357 (2004) (stating that resolution of SLAPP motion requires courts to consider "substantive merits of the plaintiffs complaint").

The district court properly dismissed the complaint without further hearings or a trial because the Finanders could not state a viable claim. See Rodriguez, 314 F.3d at 983 (explaining that courts may grant dismissal with prejudice where plaintiffs can prove no set of facts that entitle them to relief).

The Finanders' remaining contentions lack merit.

AFFIRMED.


Summaries of

Finander v. Eskanos Adler

United States Court of Appeals, Ninth Circuit
Nov 20, 2007
255 F. App'x 192 (9th Cir. 2007)

holding explicitly that an anti-SLAPP order is an adjudication "on the merits" for claim preclusion purposes

Summary of this case from Haynes v. Hanson

holding that "[t]he district court properly dismissed the [plaintiffs'] action on the basis of res judicata because it involved the same claims and parties as a prior state court action that was dismissed on the merits under the [SLAPP] laws."

Summary of this case from Adams v. Trimble
Case details for

Finander v. Eskanos Adler

Case Details

Full title:Brian and Marlene FINANDER, Plaintiffs — Appellants, v. ESKANOS ADLER, et…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 20, 2007

Citations

255 F. App'x 192 (9th Cir. 2007)

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