Aksu v. County of Contra Costa et al

Filing 91

ORDER by Judge Charles R. Breyer denying 78 Motion for Partial Summary Judgment. (crblc1, COURT STAFF) (Filed on 4/2/2015)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 No. C 12-04268 CRB HASAN ARDA AKSU, ORDER DENYING MOTION FOR SUMMARY JUDGMENT Plaintiff, v. 14 COUNTY OF CONTRA COSTA, et al., 15 Defendants. / 16 17 Plaintiff Hasan Arda Aksu moves for partial summary judgment against Defendant 18 Suzanne Porter, asserting that a Contra Costa Superior Court decision precludes Porter from 19 litigating her liability in the instant action. See generally Mot. (dkt. 78). The Court finds this 20 matter suitable for resolution without oral argument pursuant to Civil Local Rule 7-1(b), 21 VACATES the hearing currently set for April 3, 2015, and DENIES the Motion. The 22 elements of issue preclusion are not satisfied because the superior court did not decide the 23 identical issues present in the instant action, nor were those issues necessary to the superior 24 court’s decision. See Cooper v. Ramos, 704 F.3d 772, 784 (9th Cir. 2012). 25 IT IS SO ORDERED. 26 27 28 Dated: April 2, 2015 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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