United States Ninth Circuit

In a suit brought by a manufacturer of certain computer disk drive components against defendant-cleaning equipment manufacturer arising from defective air filters sold by defendant, dismissal of the action is affirmed where: 1) the district court properly found the suit to be an impermissible attempt to split a cause of action barred by res judicata; 2) defendant did not waive the splitting defense; and 3) the dismissal without leave to amend was proper.

Appellate Information

• Argued 04/10/2007
• Decided 08/27/2007
• Published 08/27/2007

Judges

• BETTY B. FLETCHER, Circuit Judge:, Before:  B. FLETCHER and M. MARGARET McKEOWN, Circuit Judges, and RONALD M. WHYTE, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John A. Belcher, Law Offices of John Belcher, Pasadena, CA, for the plaintiff-appellant.


• For Appellees:
  
• Marcus J. Kocmur (argued), Douglas B. Large, Archbald & Spray LLP, Santa Barbara, CA, for the defendant-appellee.