The fresh new Torrey Pines legal approved an excellent writ of mandate pointing the new lower legal to supply the fresh new Bank’s action for conclusion wisdom. (Torrey Pines, supra, 216 Cal.App.3d. from the p. 824.) It calculated res judicata barred White’s affirmative protections since “[s]uch affirmative protections insist a comparable nucleus off operative points and you will raise the exact same legal issues since the men and women alleged inside the [his] earliest revised criticism in case count 597676. White’s volunteer dismissal with bias out of his suit but if number 597676 constituted a great retraxit and you will dedication towards deserves invoking the newest prices of res judicata barring relitigation of these affairs given that affirmative defenses but if matter N38961.” (Id. at the pp. 819–820.) This new Torrey Pines judge informed me, “White’s dismissal that have prejudice but if amount 597676 prohibited various other action of the White resistant to the Lender according to research by the exact same truthful basis alleged in his basic revised grievance” and you will stored “White’s dismissal that have bias in addition to precluded him regarding saying those people the same products as the affirmative protections for the Bank’s issue however, if number N38961.” (Id. Lire la suite