Louis J. Jean-Louis v. City of Riverside;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LOUIS J. JEAN-LOUIS, Relator; ex rel.
United States of America,
Plaintiff-Appellant,
v.
CITY OF RIVERSIDE; et al.,
Defendants-Appellees.
No. 19-55175
D.C. No.
5:17-cv-00379-AG-AS
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Andrew J. Guilford, District Judge, Presiding
Submitted June 11, 2021**
Pasadena, California
Before: MURGUIA, BADE, and LEE, Circuit Judges.
Plaintiff-Appellant and relator below Louis J. Jean-Louis (“Jean-Louis”)
appeals the district court’s dismissal of his complaint without leave to amend and
without prejudice to the interests of the United States. We have jurisdiction
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUN 15 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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pursuant to 28 U.S.C. § 1291, and we affirm.
Jean-Louis argues for the first time on appeal that the district court erred in
dismissing his claims based on the doctrine of res judicata because California’s
public interest exception to res judicata applies. “Generally, arguments not raised
in the district court will not be considered for the first time on appeal.” In re
Mortg. Elec. Registration Sys., Inc., 754 F.3d 772, 780 (9th Cir. 2014). We see no
reason to depart from our general practice here, especially considering Jean-Louis’
failure to offer any explanation for his delay in raising the argument. In any event,
even assuming California preclusion law applies, we are unconvinced that this case
falls within the “extremely narrow” public interest exception to res judicata
contemplated by California law. Arcadia Unified Sch. Dist. v. State Dep’t of
Educ., 825 P.2d 438, 442 (Cal. 1992).
AFFIRMED.

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