Legal Opinion
Koch v. Rodlin Enterprises
California Court of Appeal
Decided September 25, 1990No. A046979PublishedCited by 26 opinions
1Opinion of the Court
Opinion
WHITE, P. J.
In this action the trial court dismissed plaintiffs’ complaint on the grounds that a prior summary judgment based on the statute of limitations entered in favor of defendants conclusively barred the present case by the doctrine of res judicata. We hold that the prior summary judgment was not a judgment on the merits and reverse.
Procedural History
On May 20, 1988, plaintiffs filed a complaint in the United States District Court, Northern District of California. The allegations of the complaint were based on a nucleus of facts involving the fraudulent acquisition, subdivision…
2Cases cited17 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
- Clemmer v. Hartford Insurance Co.California Supreme Court · 1978
- CNA Casualty of California v. Seaboard Surety Co.California Court of Appeal · 1986
- Freeman v. State Farm Mutual Automobile InsuranceCalifornia Supreme Court · 1975
12 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Semtek International Inc. v. Lockheed Martin Corp.Supreme Court of the United States · 2001
- Joe B. RITCHEY, Plaintiff-Appellant, v. UPJOHN DRUG COMPANY; William Dement, Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1998
- Johnson v. City of Loma LindaCalifornia Supreme Court · 2000
- Citizens for Open Access to Sand and Tide, Inc. v. Seadrift Ass'nCalifornia Court of Appeal · 1998
- Fireman's Fund Insurance v. Maryland Casualty Co.California Court of Appeal · 1994
21 more not listed; retrieve them via the Exa API.