A state court must give a federal judgment on a federal law claim the res judicata effect it would have in federal court under federal common law.  On federal law claims—unlike state law claims—the federal common law of res judicata does not borrow state law res judicata rules.  In any event, in this case under both state and federal law governing res judicata, the prior federal judgment did not bar plaintiff’s refiled state law claims because they had not been dismissed on the merits but instead because the Eleventh Amendment barred a federal court from awarding damages against a state entity.

California Court of Appeal, First District, Division 4 (Streeter, Acting P.J.); November 6, 2018; 28 Cal. App. 5th 1091