VALSON v. KELSO (2020)

MEMORANDUM **

California state prisoner Silus Mardel Valson appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging Eighth Amendment violations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Furnace v. Giurbino, 838 F.3d 1019, 1023 n.1 (9th Cir. 2016) (dismissal based on claim preclusion); Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 713 (9th Cir. 2001) (judgment on the pleadings). We affirm.

The district court properly dismissed Valson's action because Valson raised, or could have raised, his federal claims in his prior state action, which involved the same primary rights and parties or their privies, and resulted in a final judgment. See Furnace, 838 F.3d at 1023-26 (explaining that federal courts apply California's rules of preclusion to determine the preclusive effect of a California state court judgment; affirming dismissal on the basis of claim preclusion where a challenge involved “the same actions by the same group of officials at the same time that resulted in the same harm” (citation and internal quotation marks omitted)); DKN Holdings LLC v. Faerber, 61 Cal.4th 813, 189 Cal.Rptr.3d 809, 352 P.3d 378, 386-89 (Cal. 2015) (setting forth California's standards for claim preclusion; discussing privity in the context of vicarious liability); Burdette v. Carrier Corp., 158 Cal.App.4th 1668, 71 Cal. Rptr. 3d 185, 196-98 (2008), as modified on denial of reh'g (Feb. 14, 2008) (vicarious liability is sufficient to establish privity).

AFFIRMED.