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Gillies v. JPMorgan Chase Bank, N.A. (In re Gillies)

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 30, 2017
No. 16-56908 (9th Cir. Nov. 30, 2017)

Opinion

No. 16-56908

11-30-2017

In re: DOUGLAS GILLIES, Debtor. DOUGLAS GILLIES, Appellant, v. JPMORGAN CHASE BANK, N.A., Appellee.


NOT FOR PUBLICATION

D.C. No. 2:16-cv-07590-FMO MEMORANDUM Appeal from the United States District Court for the Central District of California
Fernando M. Olguin, District Judge, Presiding Before: CANBY, TROTT, and GRABER, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Douglas Gillies appeals pro se from the district court's judgment dismissing his adversary proceeding alleging pre-foreclosure related claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on the basis of res judicata. Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir. 2002). We affirm.

The district court properly dismissed Gillies's action as barred by the doctrine of res judicata because Gillies either raised, or could have raised, his claims in his prior California state and federal court actions, which involved the same primary rights, and the same parties, and resulted in final judgments on the merits. See Gillies v. JPMorgan Chase Bank, N.A., 213 Cal. Rptr. 3d 210, 216 (2017) (explaining that "[r]es judicata precludes piecemeal litigation by splitting a single cause of action or relitigation of the same cause of action on a different legal theory or for different relief" (citation omitted)).

Gillies's motion to take judicial notice (Docket Entry No. 20) is granted.

AFFIRMED.


Summaries of

Gillies v. JPMorgan Chase Bank, N.A. (In re Gillies)

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 30, 2017
No. 16-56908 (9th Cir. Nov. 30, 2017)
Case details for

Gillies v. JPMorgan Chase Bank, N.A. (In re Gillies)

Case Details

Full title:In re: DOUGLAS GILLIES, Debtor. DOUGLAS GILLIES, Appellant, v. JPMORGAN…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Nov 30, 2017

Citations

No. 16-56908 (9th Cir. Nov. 30, 2017)