Securitization is the habit of pooling and packing financing for deals to investors
The new Torrey Pines judge provided a beneficial writ away from mandate pointing the fresh all the way down courtroom to offer new Bank’s activity to have realization view. (Torrey Pines, supra, 216 Cal.Software.three dimensional. at the p. 824.) It calculated res judicata banned White’s affirmative defenses once the “[s]uch affirmative defenses insist the same nucleus from operative items and improve the exact same legalities as the the individuals so-called in the [his] first amended grievance however if matter 597676. White’s voluntary dismissal with prejudice regarding their lawsuit however if count 597676 constituted a good retraxit and you can devotion towards the deserves invoking the fresh new principles regarding res judicata barring relitigation ones activities while the affirmative defenses however if matter N38961.” (Id. within pp. 819–820.) The brand new Torrey Pines legal informed me, “White’s dismissal that have prejudice however, if number 597676 banned another action because of the White from the Lender in line with the exact same truthful basis so-called inside the very first amended criticism” and kept “White’s dismissal which have prejudice in addition to precluded him off saying those people similar circumstances as the affirmative defenses toward Bank’s problem but if count N38961.” (Id. within p. 821.)
As with Torrey Pines-and by the newest Bank’s individual entry-the fresh new declaratory save the newest says asserted regarding the age nucleus away from medical factors and you can enhance the same legalities as the people alleged in” the credit Suisse action. (Torrey Pines, supra, 216 Cal.Software.three dimensional from the p. 819.) Consequently, res judicata pubs the latest relitigation of Bank’s allege against Nationwide Financial contained in this suit. …