During the oral argument, the bank conceded there’s absolutely no power help it claim
Res judicata bars a factor in step which had been otherwise you’ll have been litigated when you look at the a previous proceeding in the event that: “(1) the present step is found on a similar reason behind step due to the fact the previous continuing; (2) the prior continuing lead to a last wisdom to the merits; and you can (3) the fresh events in the modern step otherwise people in privity with her or him was events to the earlier proceeding. [Violation.]” (Bullock v. Philip Morris U . s ., Inc. (2011) 198 Cal.Application.4th 543, 557 (Bullock ).) Nationwide Economic contains the load regarding starting for every single element of res judicata. (Ferraro v. Ca) 161 Cal.Application.4th 509, 529.)
The bank argues there is no final wisdom into the merits inside the Credit Suisse-and thus zero res judicata-because the no. 1 responsibility says against most other defendants are still pending in you to case
The clear answer are yes.Read More