Rendon v. County of Orange CA4/3

Filed 1/14/26 Rendon v. County of Orange CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

MATHEW RENDON,

Plaintiff and Appellant, G064507

v. (Super. Ct. No. 30-2021- 01228590) COUNTY OF ORANGE et al., OPINION Defendants and Respondents.

Appeal from a judgment of the Superior Court of Orange County, Michael J. Strickroth, Judge. Affirmed. Law Office of Richard P. Herman and Richard P. Herman for Plaintiff and Appellant. Lynberg & Watkins, S. Frank Harrell, Jesse K. Cox and Delaney N. Kennedy for Defendants and Respondents.

Plaintiff Mathew Rendon appeals from summary judgment entered against him after the trial court found this action was barred by res judicata. We conclude the dismissal of his prior federal case was made “on the merits” and precludes this action. We affirm. FACTS According to Rendon, several Orange County Sheriff’s deputies beat, threatened, and sexually abused him while he was in jail. Rendon then filed a string of complaints arising from that abuse—first in 2018, then in 2020, and again in 2021. Rendon brought his first complaint in federal court against the County, Deputy Keith Franklin, and others, alleging claims for federal constitutional violations, violations of the Tom Bane Civil Rights Act (Civ. Code, § 52.1), battery, and negligence. The defendants in that first case filed a motion to dismiss. The district court dismissed Rendon’s federal constitutional claims with prejudice based on his failure to state a claim. It then declined to exercise supplemental jurisdiction over Rendon’s state law claims, dismissed those remaining claims without prejudice, and entered judgment against Rendon in April 2020. The following month, Rendon filed a second lawsuit—this time in Orange County Superior Court—against the County, Deputy Franklin, Deputy Ever I. Zelaya, and others (the 2020 case). Rendon again alleged he had been beaten and sexually abused in jail, and he again asserted causes of action for federal constitutional violations, violations of the Bane Act, and battery. The defendants in the 2020 case removed the matter to federal court under federal question jurisdiction and filed a motion to dismiss under Federal Rule of Civil Procedure rule 12(b)(6) (failure to state a claim), among