Res judicata pubs a cause of step that has been or you may was indeed litigated inside the a prior proceeding if the: “(1) the current step is on an identical cause for action because the the previous continuing; (2) the last continuing lead to a final wisdom on the deserves; and you can (3) the new events in the modern action otherwise parties within the privity having her or him were events towards the earlier in the day continuing. [Solution.]” (Bullock v. Philip Morris Usa, Inc. (2011) 198 Cal.Application.last 543, 557 (Bullock ).) Countrywide Financial comes with the weight of installing per section of res judicata. (Ferraro v. Ca) 161 Cal.Software.next 509, 529.)
The lending company contends there’s no finally judgment toward deserves in Credit Suisse-which means no res judicata-because the no. 1 responsibility says facing other defendants continue to be pending from inside the you to situation
The answer is actually yes. “ ‘An excellent dismissal having prejudice ‘s the progressive label to have a familiar law retraxit. [Citation.] ? (more…)
