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Case Citations [1] (Fall 2023)

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                                THE   AMERICAN
                                LAW INSTITUTE


                                       Fall 2023 Citations



                                JUDGMENTS 2D



Generally

Cal.App.2023.  Cit. generally in disc. Building owner sued roofing company, after a coating company
installed on owner's building developed numerous leaks, alleging that defendant breached the express
warranty in the parties' contract. The trial court granted defendant's motion for summary judgment. This
court affirmed, holding that the doctrine of claim preclusion barred plaintiff's claims, because plaintiff
had previously brought an unsuccessful action against defendant arising from other leaks purportedly
caused by defendant's roof-coating work. The court observed that plaintiff would not prevail under the
Restatement Second of Judgments, because plaintiff did not allege that the leaks at issue in this action
were caused by a different instance of roof-coating application than in the preceding action, and the
primary right under which plaintiff brought this action was the same as in the preceding action. 5th &
LA  v. Western Waterproofing Co., Inc., 303 Cal.Rptr.3d 855, 861.



                          CHAPTER 2. VALIDITY OF JUDGMENTS

                          TOPIC   2. TERRITORIAL JURISDICTION

§ 8. Attachment Jurisdiction

D.C.App.2022.  Com. (d) quot. in sup. Creditor sued buyer of a condominium located in the District of
Columbia, seeking to judicially foreclose on the condominium to satisfy a 2001 California judgment that
creditor obtained against a debtor who formerly owned the condominium and registered in the District
of Columbia in 2006. The trial court denied buyer's motion to dismiss based on the statute of limitations
and granted summary judgment for creditor, ordering the condominium to be sold and the proceeds to be
applied to the judgment. Affirming, this court held, among other things, that the statute of limitations
began to run on the date creditor registered the California judgment in the District of Columbia. The
court cited Restatement Second of Judgments § 8 in noting that, under the common law, a separate civil
action had to be filed to establish a foreign judgment, and an action based on a judgment entered in
another state was considered a new and independent action. Czajka v. Holt Graphic Arts, Inc., 285 A.3d
524, 529.



   CHAPTER 3. FORMER ADJUDICATION: THE EFFECTS OF A JUDICIAL JUDGMENT

                            COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE
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                                    Printed in the United States of America
          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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