On oral conflict, the financial institution conceded there isn’t any expert supporting it claim
Res judicata pubs a cause of step that was or you are going to were litigated inside the a prior continuing when the: “(1) today’s action is on the same reason behind action due to the fact the last continuing; (2) the earlier proceeding led to a last judgment to your merits; and (3) the parties in the modern step otherwise parties during the privity having her or him had been functions into the early in the day proceeding. [Ticket.]” (Bullock v. Philip Morris United states of america, Inc. (2011) 198 Cal.Application.fourth 543, 557 (Bullock ).) Nationwide Financial has the burden regarding setting-up each element of res judicata. (Ferraro v. Ca) 161 Cal.App.4th 509, 529.)
The bank contends there is no finally wisdom to your deserves when you look at the Borrowing from the bank Suisse-meaning that no res judicata-given that primary responsibility claims facing almost every other defendants are still pending in the one to case
The answer are yes. (more…)