The brand new Torrey Pines court awarded a writ regarding mandate directing the latest down legal to give this new Bank’s action to have summary judgment. (Torrey Pines, supra, 216 Cal.App.three dimensional. at the p. 824.) They calculated res judicata prohibited White’s affirmative defenses because “[s]uch affirmative defenses believe an identical nucleus regarding medical products and enhance the same legal issues given that people alleged in the [his] first revised criticism however, if number 597676. White’s volunteer dismissal with prejudice of his suit in case amount 597676 constituted good retraxit and you may determination towards the deserves invoking the latest principles of res judicata barring relitigation of those facts while the affirmative defenses however if count N38961.” (Id. within pp. 819–820.) The fresh Torrey Pines legal explained, “White’s dismissal which have bias but if amount 597676 prohibited another step because of the Light up against the Financial based on the exact same factual foundation alleged in the basic amended ailment” and you may kept “White’s dismissal having bias in addition to precluded him away from saying people the same circumstances given that affirmative defenses for the Bank’s complaint however if amount N38961.” (Id. within p. 821.)

As in Torrey Pines-by the latest Bank’s individual entryway-the brand new declaratory recovery the latest claims asserted on the elizabeth nucleus out-of medical circumstances and improve the exact same legal issues just like the the individuals alleged in” the credit Suisse action. (Torrey Pines, supra, 216 Cal.Application.3d from the p. 819.) This means that, res judicata bars this new relitigation of your own Bank’s allege against Countrywide Economic contained in this suit. Weiterlesen