Monday, April 27, 2015

Basta!

Boyce v. T.D. Serv. Co., No. B255958 (D2d6, Mar. 23, 2015)

This is a typical mortgage foreclosure avoidance case of the sort that have been clogging up the courts for quite a while now. Plaintiff in this case had previously went bankrupt, during which proceedings a federal bankruptcy court determined that a foreclosure wouldn’t be wrongful, which the federal district court affirmed. And a state court also made a similar finding in an unlawful detainer case that determined that plaintiff no longer had a right to occupy the home. So unsurprisingly, plaintiff’s case here was doubly barred by res judicata. 


The court—the Ventura panel that handles the D2 cases from Santa Barbara—concludes with sort of a tribute quote from Judge Aldisert, a recently departed judge of the federal Third Circuit Court of Appeals who had for several decades located his his senior-status chambers in S.B.: “As the late eminent federal appellate jurist Rugierro Aldisert would say, ‘Basta,’ which translates from Italian to English as, Enough!”


Affirmed.


Update: Review granted, July 15, 2015.

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