Opinion
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
Appeal from the United States District Court for the Central District of California. D.C. No. 2:11-cv-05018-SJO-AGR. S. James Otero, District Judge, Presiding.
EARL HOBBS, an individual, Plaintiff - Appellant, Pro se, Long Beach, CA.
For STATE OF CALIFORNIA, Defendant - Appellee: Michael Glenn Witmer, Esquire, Deputy Assistant Attorney General, AGCA - OFFICE OF THE CALIFORNIA ATTORNEY GENERAL (LA), Los Angeles, CA.
For BELMONT SHORES INVESTORS, LLC, a Limited Liability Company, Defendant - Appellee: Susan Carol Watts, Law Offices of Larry W. Weaver, Cerritos, CA.
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Earl Hobbs, an inactive attorney, appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action arising from an attempt to evict him and the resulting unlawful detainer action. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim, Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010), and a dismissal based on res judicata, Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir. 2002). We affirm.
The district court properly dismissed Hobbs's § 1983 and declaratory relief claims on the basis of the doctrine of res judicata because those claims were based on the same primary right asserted in a prior state court action. See Manufactured Home Cmtys., Inc. v. City of San Jose, 420 F.3d 1022, 1031 (9th Cir. 2005) (" To determine the preclusive effect of a state court judgment federal courts look to state law. . . . California's res judicata doctrine is based on a primary rights theory." (citation omitted)).
The district court properly dismissed Hobbs's claim under the Racketeer Influenced and Corrupt Organizations Act (" RICO" ) because Hobbs failed to allege specific facts showing a pattern of racketeering activity and other required elements. See Sanford v. MemberWorks, Inc., 625 F.3d 550, 557-58 (9th Cir. 2010) (discussing elements of a RICO claim and particularity requirements of Fed.R.Civ.P. 9(b)).
AFFIRMED.