The Torrey Pines court provided an excellent writ off mandate pointing the lower judge to grant the Bank’s activity for summary view. (Torrey Pines, supra, 216 Cal.Application.three dimensional. in the p. 824.) They computed res judicata prohibited White’s affirmative protections as the “[s]uch affirmative protections believe an identical nucleus out of surgical facts and you will raise the exact same legalities once the those people alleged within the [his] very first amended grievance however, if count 597676. White’s voluntary dismissal having prejudice of their suit but if number 597676 constituted an effective retraxit and you can dedication for the deserves invoking the fresh values away from res judicata barring relitigation of those facts while the affirmative defenses however, if number N38961.” (Id. at pp. 819–820.) Brand new Torrey Pines courtroom explained, “White’s dismissal that have bias in case matter 597676 banned several other step by the White against the Financial according to the exact same informative basis so-called in the basic revised issue” and held “White’s dismissal with bias including precluded your off asserting those individuals similar items since the affirmative defenses to your Bank’s criticism however if amount N38961.” (Id.Leggi tutto