Torrey Pines Bank v. Superior Court

Opinion

KREMER, P. J.

Petitioner Torrey Pines Bank (the Bank) seeks mandate directing the superior court to vacate its ruling denying the Bank’s motion for summary judgment on its complaint against real party in interest William White. We find the Bank is entitled to judgment as a matter of law because the affirmative defenses asserted in White’s answer to the Bank’s complaint are barred under principles of res judicata.

I

Facts

For purposes of the Bank’s motion for summary judgment, the following facts are undisputed: In February 1984 White executed a written continuing guaranty unconditionally…