Res judicata pubs a cause of step that has been or you’ll had been litigated for the a prior proceeding if the: “(1) the present action is on the same reason for action due to the fact the earlier proceeding; (2) the prior continuing resulted in a last judgment toward merits; and you can (3) the brand new parties in the current action or people during the privity having them was in fact events on the earlier proceeding. [Citation.]” (Bullock v. Philip Morris Us, Inc. (2011) 198 Cal.Software.next 543, 557 (Bullock ).) Nationwide Financial provides the weight regarding establishing for each part of res judicata. (Ferraro v. Ca) 161 Cal.Software.next 509, 529.)

The financial institution argues there isn’t any final judgment towards the deserves when you look at the Borrowing from the bank Suisse-which means that zero res judicata-given that no. 1 responsibility states against most other defendants are nevertheless pending in the one to instance

The answer try sure. Continue reading In the dental conflict, the financial institution conceded there isn’t any authority help it allege →