Wednesday, January 25, 2017

“Somewhere Along the Line, Litigation Must Cease.”

Gillies v. JPMorgan Chase Bank, N.A., No. B272427 (D2d6 Jan. 24, 2107)

Plaintiff in this case has successfully used serial litigation to delay foreclosure on his mortgage, which he stopped paying in 2009. He has already lost two state court cases (and appeals), a federal case (and appeal), and a case in bankruptcy court. The court here is not amused. It dutifully walks through and sustains the trial court's demurrer on each cause of action. It then (perhaps sua sponte) drops some knowledge on the import of res judiciata in a section called “The Sanctity and Integrity of Final Judgment.” The Court calls out plaintiff (an attorney) for treating “adverse final judgments as mere suggestions which allow him to perpetually file new lawsuits on new theories.” Explaining that “[h]e is wrong,” the Court of Appeal specifically points out that the doctrine will also bar any future claim brought by Plaintiff addressed to foreclosure on his house. 


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