A135898
The fresh new trial judge ended res judicata barred Federal Home loan Lender away from San Francisco’s (the lending company) allege up against Nationwide Economic Enterprise (Countrywide Economic) and you may suffered Countrywide Financial’s demurrer toward earliest revised grievance instead get off to help you amend.
The lending company appeals. They argues new judge erred by the finishing res judicata prohibited its claim up against Nationwide Economic once the [t]right here is zero latest wisdom on deserves inside the a past action which will provides given increase to res judicata within action. I differ and you can affirm. I stop the brand new philosophy off res judicata bars the Bank’s allege against Countrywide Economic since the: (1) the fresh Bank’s volunteer dismissal of its claim up against Countrywide Financial into the the earlier action is a last judgment towards deserves; and (2) the fresh allege the bank ignored from inside the a previous suit ‘s the exact same cause of action due to the fact allege it claims against Nationwide Economic in the modern lawsuit. Having voluntarily overlooked having bias claims out of manage person wrongdoing against among multiple defendants for its individual proper factors, the bank may not steer clear of the res judicata outcomes of its decision and sue the new ignored defendant anew, once again alleging control-individual accountability, within the reliance on this new pendency of those same claims against the left actors in the first step. “Federal Mortgage Bank Of San francisco v. Countrywide Financial Enterprise” の続きを読む