From the dental dispute, the bank conceded there’s absolutely no authority support which claim
Res judicata taverns a factor in action which was or you certainly will have been litigated inside a past proceeding if the: “(1) today’s step is found on an equivalent cause for step as the the earlier proceeding; (2) the last continuing contributed to a final judgment towards deserves; and you can (3) the new functions in the present action otherwise parties during the privity having her or him were functions toward previous proceeding. [Pass.]” (Bullock v. Philip Morris Usa, Inc. (2011) 198 Cal.App.fourth 543, 557 (Bullock ).) Nationwide Monetary has got the load regarding setting up for every element of res judicata. (Ferraro v. (more…)