During the oral argument, the financial institution conceded there isn’t any expert help that it allege
Res judicata bars a factor in action which was otherwise you will definitely was basically litigated inside the a prior proceeding in the event the: “(1) the present action is on an identical cause for action just like the the earlier proceeding; (2) the earlier proceeding led to a last wisdom towards the merits; and you will (3) the fresh new functions in the modern action or activities during the privity that have him or her had been people on earlier proceeding. [Solution.]” (Bullock v. Philip Morris U . s ., Inc. (2011) 198 Cal.Application.4th 543, 557 (Bullock ).) Countrywide Financial gets the weight of establishing each element of res judicata. (Ferraro v. (mehr …)