Res judicata pubs a cause of action which was otherwise you are going to have been litigated inside the a past continuing in the event the: “(1) the current action is found on an identical reason behind action just like the the earlier proceeding; (2) the previous continuing lead to a last view towards the merits; and you can (3) the brand new events in the current action or people from inside the privity with him or her was parties for the previous continuing. [Ticket.]” (Bullock v. Philip Morris Us, Inc. (2011) 198 Cal.Application.4th 543, 557 (Bullock ).) Countrywide Monetary has the weight from creating for every part of res judicata. (Ferraro v. Ca) 161 Cal.App.fourth 509, 529.)
The lending company argues there is absolutely no latest view into the deserves inside Credit Suisse-and thus no res judicata-due to the fact number one responsibility says facing almost every other defendants will still be pending within the you to instance
The clear answer are yes.