Does res judicata apply in this case?

As indicated above, the cause of action which remains in this action is the same as a cause of action brought in plaintiff's California habeas petition. The theory of relief, under the Eighth Amendment, is the same as are the facts asserted by plaintiff in support of his claim. While plaintiff seeks monetary relief in this action which he could not do in his California habeas action, this is immaterial under California law for determining whether res judicata applies. Brodheim v. Cry, 584 F.3d 1262, 1268 (9th Cir. 2009).