JEAN LOUIS EX REL UNITED STATES v. CITY OF RIVERSIDE (2021)

MEMORANDUM **

Plaintiff-Appellant and relator below Louis J. Jean-Louis (“Jean-Louis”) appeals the district court's dismissal of his complaint without leave to amend and without prejudice to the interests of the United States. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Jean-Louis argues for the first time on appeal that the district court erred in dismissing his claims based on the doctrine of res judicata because California's public interest exception to res judicata applies. “Generally, arguments not raised in the district court will not be considered for the first time on appeal.” In re Mortg. Elec. Registration Sys., Inc., 754 F.3d 772, 780 (9th Cir. 2014). We see no reason to depart from our general practice here, especially considering Jean-Louis’ failure to offer any explanation for his delay in raising the argument. In any event, even assuming California preclusion law applies, we are unconvinced that this case falls within the “extremely narrow” public interest exception to res judicata contemplated by California law. Arcadia Unified Sch. Dist. v. State Dep't of Educ., 2 Cal.4th 251, 5 Cal.Rptr.2d 545, 825 P.2d 438, 442 (1992).

AFFIRMED.