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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 12-04268 CRB

HASAN ARDA AKSU,

ORDER DENYING MOTION FOR
SUMMARY JUDGMENT

Plaintiff,
v.

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COUNTY OF CONTRA COSTA, et al.,

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Defendants.

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Plaintiff Hasan Arda Aksu moves for partial summary judgment against Defendant

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Suzanne Porter, asserting that a Contra Costa Superior Court decision precludes Porter from

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litigating her liability in the instant action. See generally Mot. (dkt. 78). The Court finds this

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matter suitable for resolution without oral argument pursuant to Civil Local Rule 7-1(b),

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VACATES the hearing currently set for April 3, 2015, and DENIES the Motion. The

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elements of issue preclusion are not satisfied because the superior court did not decide the

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identical issues present in the instant action, nor were those issues necessary to the superior

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court’s decision. See Cooper v. Ramos, 704 F.3d 772, 784 (9th Cir. 2012).

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IT IS SO ORDERED.

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Dated: April 2, 2015

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE