Capital Investments, Inc. v. Lofgren

This is an action to enforce a guaranty. The trial court granted defendant’s motion for summary judgment, holding that a judgment in a prior action was res judicata and a bar to the present action. Plaintiff appeals, arguing that, because the prior action was brought prematurely, the resulting judgment does not act as a bar. We affirm, but on different grounds.

We set forth only the facts relevant to this appeal. 1 Plaintiff loaned $350,000 to Hoehnke Nursery Company in exchange for a promissory note signed by William Lofgren and defendant Jean Lofgren as officers of the company. At the same…