Res judicata pubs a factor in step which had been or you certainly will was in fact litigated from inside the a past proceeding if the: “(1) today’s step is found on a similar reason for action just like the the prior continuing; (2) the earlier continuing resulted in a final wisdom on the deserves; and (3) the events in today’s step or parties in the privity with him or her was parties into the past continuing. [Pass.]” (Bullock v. Philip Morris United states, Inc. (2011) 198 Cal.Application.4th 543, 557 (Bullock ).) Nationwide Monetary has the weight off setting-up per element of res judicata. (Ferraro v. Ca) 161 Cal.Application.next 509, 529.)
The bank argues there’s absolutely no finally view on merits inside the Credit Suisse-and therefore zero res judicata-as the no. 1 responsibility says facing almost every other defendants will always be pending when you look at the you to circumstances
The clear answer is actually yes.