Holding that for res judicata purposes, "a dismissal with prejudice is the equivalent of a final judgment on the merits, barring the entire cause of action"
Holding that complaint for negligent misrepresentation in a holder action must be "pled with the same specificity required in a holder's action for fraud."
125 Cal.App.4th 513 (Cal. Ct. App. 2004) Cited 232 times
Finding that for fraud, a plaintiff "must allege the specifics of his or her reliance on the misrepresentation to show a bona fide claim of actual reliance."
Declining to apply res judicata to bar plaintiff's claim to a community property interest in her ex-spouse's military pension despite failing to adjudicate the matter in the prior dissolution proceedings
157 Cal.App.4th 662 (Cal. Ct. App. 2007) Cited 46 times
Concluding that the lender and foreclosure trustee were indispensable parties to the borrower's prior lawsuit against the purchaser to set aside the foreclosure sale
Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"