Unpublished Disposition, 925 F.2d 1471 (9th Cir. 1991)

MEMORANDUM

Stribling appeals pro se from a district court order dismissing his civil action against Moote. The district court had jurisdiction pursuant to 28 U.S.C. § 1332. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We affirm.

Stribling makes a number of claims, some criminal, some civil. The criminal claims obviously have no place in this civil action. The essence of the civil claims is that Moote committed malpractice. Stribling's ex-spouse retained Moote to represent her in divorce proceedings against Stribling. Some time thereafter but before the divorce became final, Moote made an appearance on behalf of both spouses, allegedly to prevent the forfeiture of real property owned by the couple.

The district court held this action barred by res judicata because Stribling previously brought a similar action in state court which he lost on Moote's motion for summary judgment. We review de novo a district court's dismissal for res judicata. Guild Wineries & Distilleries v. Whitehall Co., 853 F.2d 755, 758 (9th Cir. 1988).

The preclusive effect of a state court judgment in federal court is determined by state law. Migra v. Warren City School District Board of Education, 465 U.S. 75, 83 (1984). In Washington, res judicata will bar a subsequent action if it is identical to the prior action in four respects: (1) subject matter, (2) cause of action, (3) persons and parties, and (4) the quality of the persons for or against whom the claim is made. Rains v. State, 100 Wash. 2d 660, 663, 674 P.2d 165, 168 (1983).

Applying this test to the facts before us, we conclude this action is barred by res judicata. First, the subject matter of this and the state court suit is identical; both actions arise out of Moote's contemporaneous representation of Stribling and his ex-spouse. Second, the causes of action, although differently described, amount to identical claims of malpractice. Finally, the persons involved and their relevant qualities are identical in both suits.

AFFIRMED.