This new Torrey Pines court awarded a writ out of mandate directing the fresh straight down legal to convey new Bank’s actions to own summation view. (Torrey Pines, supra, 216 Cal.Software.3d. at the p. 824.) It computed res judicata banned White’s affirmative defenses because “[s]uch affirmative protections insist an equivalent nucleus regarding medical products and you can raise the same legalities since the men and women alleged inside [his] very first amended issue however, if matter 597676. White’s voluntary dismissal with prejudice off his lawsuit but if matter 597676 constituted an effective retraxit and you may dedication to the merits invoking this new principles away from res judicata barring relitigation of these things because affirmative defenses but if matter N38961.” (Id. within pp. 819–820.) The newest Torrey Pines courtroom told me, “White’s dismissal having bias however if count 597676 banned another action because of the Light resistant to the Bank in accordance with the exact same informative grounds alleged in the very first amended criticism” and you may kept “White’s dismissal that have bias and precluded him of asserting the individuals the same circumstances given that affirmative protections for the Bank’s criticism in case count N38961.” (Id. Read more