Res judicata bars a factor in step that was otherwise you certainly will was litigated in the a prior proceeding in the event that: “(1) the present step is on an equivalent reason for step given that the previous proceeding; (2) the prior continuing led to a final wisdom to your merits; and you will (3) this new parties in today’s step or activities for the privity with him or her was basically parties into prior continuing. [Admission.]” (Bullock v. Philip Morris Usa, Inc. (2011) 198 Cal.App.last 543, 557 (Bullock ).) Nationwide Financial gets the burden of creating each part of res judicata. (Ferraro v. Ca) 161 Cal.App.next 509, 529.)
The lending company contends there’s no final judgment towards the deserves in the Borrowing Suisse-for example zero res judicata-as the top accountability says facing almost every other defendants are nevertheless pending into the that case
The clear answer are yes.
