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Case Citations [1] (Fall 2024)

handle is hein.ali/resndjmts0049 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations JUDGMENTS 2D Scope Cal.App.2023. Scope cit. and quot. in sup. Borrowers under a note and deed of trust on a residential property sued, among others, successor trustees under the deed of trust and buyers who purchased the property at a nonjudicial foreclosure sale, alleging that the sale was void because successor trustees lacked authority to hold the sale. On remand, the trial court granted successor trustees' motion for summary judgment, finding that borrowers' claims were barred by the federal two-dismissal rule because borrowers previously filed two federal actions against successor trustees that they voluntarily dismissed without prejudice. While affirming on other grounds, this court held that, under California law, borrowers' voluntary dismissal of the two prior federal actions did not have a claim-preclusive effect on this state-court action. The court cited the Scope to the Restatement Second of Judgments in noting that a voluntary dismissal without prejudice was not a judgment on the merits and had no claim- preclusive effect on a later suit. Gray v. La Salle Bank, N.A., 312 Cal.Rptr.3d 870, 883-884. CHAPTER 3. FORMER ADJUDICATION: THE EFFECTS OF A JUDICIAL JUDGMENT TOPIC 1. GENERAL RULES APPLICABLE TO JUDGMENTS § 13. Requirement of Finality D.N.J.2022. Quot. in case quot. in sup. Former prisoner, who was exonerated of kidnapping and sexual- assault charges after serving a seven-year sentence and spending ten additional years in civil confinement as a sexually-violent predator, brought a § 1983 action against city detective and others, alleging that detective violated his right to liberty by fabricating evidence that the victim had identified plaintiff as her assailant. The court denied in part detective's motion for summary judgment, holding that the doctrine of collateral estoppel did not preclude plaintiff from bringing claims against detective for fabricating evidence based on the denial of plaintiffs' two prior motions for post-conviction relief The court explained that the court of appeal's subsequent reversals of the decisions denying plaintiff s motions rendered the decisions nonfinal such that they could not be accorded conclusive effect under Restatement Second of Judgments § 13. Roberts v. County of Essex, 648 F.Supp.3d 519, 539. COPYRIGHT (02024 By THE AMERICAN LAW INSTITUTE All rights reserved 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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