Case Number: KC067089??? Hearing Date: June 13, 2016??? Dept: O
Moreno, et al. v. Herrera, et al. (KC067089)
Defendants Herrera and H&S Holdings Company, LLC?s MOTION FOR JUDGMENT ON THE PLEADINGS
Respondent: Plaintiffs J. and R. Moreno
TENTATIVE RULING
Defendants Herrera and H&S Holdings Company, LLC?s motion for judgment on the pleadings is DENIED.
STATUTE OF LIMITATIONS:
This court critically notes that it previously overruled Defendants? demurrers based on the statute of limitations, finding that Par. 8?s tolling allegations are sufficient to withstand demurrer on statute of limitations grounds. Defendants are prohibited from bringing a new motion on grounds previously addressed and rejected.
RES JUDICATA and COLLATERAL ESTOPPEL:
?RES JUDICATA is a doctrine which prevents parties from relitigating a cause of action previously determined between them.? (Wright v. Ripley (1998) 65 Cal. App. 4th 1189, 1193.) ?[A] party will be COLLATERALLY ESTOPPED from relitigating an issue only if (1) the issue decided in a prior adjudication is identical with that presented in the action in question; and (2) there was a final judgment on the merits; and (3) the party against whom the plea is asserted was a party or in privity with a party to the prior adjudication.? (Clemmer v. Hartford Ins. Co. (1978) 22 Cal. 3d 865, 874.)
Defendant?s prior Unlawful Detainer action sought possession based on a contract and contract claims.
Here, Plaintiffs allege fraud and other tort claims based on Defendant?s misrepresentations that induced Plaintiffs to contract. The causes of action and issues alleged in this matter are different from the causes of action and issues in the prior Unlawful Detainer action. The prior Unlawful Detainer action sought possession based on a contract. This action seeks damages based on fraud.
Motion is DENIED.