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EICHMAN v. FOTOMAT CORP.

No. 82-5404.

759 F.2d 1434 (1985)

Adrian C. EICHMAN, Plaintiff-Appellant, v. FOTOMAT CORPORATION, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted March 25, 1985.

Decided May 10, 1985.

Attorney(s) appearing for the Case

J. David Franklin, Franklin & Franklin, La Jolla, Cal., for plaintiff-appellant.

Wright & L'Estrange, John H. L'Estrange, Jr., William R. Nevitt, Jr., Sullivan & Jones, David R. Markham, Samuel J. Goldberg, San Diego, Cal., for defendant-appellee.

Before KENNEDY, TANG and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

This case is before us on appeal from the district court's dismissal of Eichman's lawsuit on the ground that Eichman's claims were barred by the res judicata effect of an earlier state suit. Because California preclusion law includes the requirement of prior jurisdictional competency, under Marrese v. American Academy of Orthopaedic Surgeons, 470 U.S. 373

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