Monday, May 8, 2017

Not Claim Barred, But Time Barred

Ivanoff v. Bank of America, No. B271035 (Mar. 13, 2017)

Plaintiff is a pro se seeking to avoid a foreclosure. She already lost a breach of contract case against the bank, which was affirmed on appeal. Shortly thereafter, she filed a new case repackaging the same allegations as violations of the federal Truth in Lending Act, aka TILA. The superior court dismissed on claim preclusion grounds.

And the Court of Appeal affirms, albeit for different reasons. The court holds that the TILA claim was not barred by res judicata, because it arose from a different primary right. Nobody really understands what a primary right is, but apparently a claim for breach of contract arises from a different right than a claim for false disclosures under TILA. But regardless, the TILA claim was time barred. As were the other claims at issue in the appeal.


No comments:

Post a Comment