The latest Torrey Pines courtroom granted a writ out of mandate directing the newest all the way down court to produce the latest Bank’s action for realization wisdom. (Torrey Pines, supra, 216 Cal.App.three dimensional. during the p. 824.) It determined res judicata prohibited White’s affirmative defenses because “[s]uch affirmative protections assert the same nucleus off surgical activities and you can improve the exact same legalities while the people so-called when you look at the [his] basic revised problem however if count 597676. White’s voluntary dismissal having bias from his suit however, if count 597676 constituted good retraxit and you may determination to your deserves invoking this new standards out of res judicata barring relitigation of them facts because affirmative protections however, if amount N38961.” (Id. within pp. 819–820.) The Torrey Pines courtroom informed me, “White’s dismissal that have bias in case matter 597676 prohibited various other action from the White contrary to the Bank according to the same factual foundation alleged in the basic revised criticism” and kept “White’s dismissal which have bias plus precluded him out of asserting those people the same issues because the affirmative defenses towards Bank’s problem but if amount N38961.” (Id. Read more