The following excerpt is from Birk v. Royal Crown Bancorp, Inc., No. 2:15-cv-0446-KJM-CMK (E.D. Cal. 2016):
cured by amending the complaint, plaintiff is not entitled to leave to amend at this time. See Lopez v. Smith, 203 F.3d 1122, 1126, 1131 (9th Cir. 2000) (en banc).
Based on the foregoing, the undersigned recommends that this action be dismissed as barred by res judicata.
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