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Aiello v. Sears Termite & Pest Control Inc.

Citation: 70 F. App'x 960Docket: No. 02-15067. D.C. No. CV-01-00908-SMM

Court: Court of Appeals for the Ninth Circuit; July 29, 2003; Federal Appellate Court

Narrative Opinion Summary

The Aiellos sought a state court injunction, where the state judge ruled on the arbitrability of their claim, leading to the dismissal of their state action on the merits, making it a final judgment. As a result, the appellants are collaterally estopped from contesting the arbitrability of their claim due to the prior decision by Arizona state courts. The dismissal of their state appeal as moot does not negate the preclusive effect of the trial court's final judgment. The district court had the discretion to dismiss the action rather than stay it for arbitration. The decision has been affirmed, and the memorandum is not suitable for publication or citation in the circuit courts, as per Ninth Circuit Rule 36-3. Relevant case law includes Gilbert v. Board of Medical Examiners, Food for Health v. 3839 Joint Venture, and Sparling v. Hoffman Constr.

Legal Issues Addressed

Collateral Estoppel in Arbitration Cases

Application: The appellants are prevented from contesting the arbitrability of their claim because the issue was already decided by the Arizona state courts.

Reasoning: As a result, the appellants are collaterally estopped from contesting the arbitrability of their claim due to the prior decision by Arizona state courts.

District Court's Discretion to Dismiss for Arbitration

Application: The district court was within its rights to dismiss the action rather than staying it for arbitration, given the circumstances of the case.

Reasoning: The district court had the discretion to dismiss the action rather than stay it for arbitration.

Final Judgment and Moot Appeals

Application: The dismissal of the state appeal as moot does not affect the preclusive effect of the trial court's final judgment on the matter.

Reasoning: The dismissal of their state appeal as moot does not negate the preclusive effect of the trial court's final judgment.

Non-Publication and Citation Restrictions under Ninth Circuit Rule 36-3

Application: The memorandum from this case is not suitable for publication or citation in the circuit courts based on specific court rules.

Reasoning: The decision has been affirmed, and the memorandum is not suitable for publication or citation in the circuit courts, as per Ninth Circuit Rule 36-3.