Boyd v. Freeman, No. B279246 (D2d4 Dec. 20, 2017)
When a case is brought to judgment, res judicata bars litigation of all claims that were brought or could have been brought in the first action. But it applies only when the first judgment is “on the merits.” Interestingly, a demurrer granted on statute of limitations grounds is not, for claim preclusion purposes, on the merits. Not sure why that is the case, but the case law seems pretty clear on the point.
Which means no res judiciata in this case. Of course, given that the prior case was dismissed on the statute of limitations, and that this case was filed three years after that, it’s hard to conceive of how this case isn’t also time-barred. But that’s apparently a problem for the superior court on remand.
Reversed.
No comments:
Post a Comment