A135898

The fresh trial legal finished res judicata prohibited Government Mortgage Financial off San Francisco’s (the bank) allege against Nationwide Monetary Company (Countrywide Economic) and you will suffered Nationwide Financial’s demurrer into earliest amended issue without get-off so you’re able to amend.

The bank appeals. They argues the latest legal erred because of the concluding res judicata prohibited its allege against Countrywide Monetary just like the [t]here try zero last judgment towards the deserves in the a previous action that could keeps provided rise to res judicata in this action. We differ and you can affirm. I conclude the fresh new philosophy out of res judicata bars new Bank’s claim facing Nationwide Financial as: (1) the newest Bank’s volunteer dismissal of its claim up against Countrywide Monetary from inside the the last step is a last judgment to the merits; and you may (2) the fresh new allege the lending company overlooked in the a past lawsuit is the same factor in step once the allege they asserts facing Countrywide Monetary in the present suit. Continua a leggere