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California Court of Appeal


Hard v. America's Best Home Loans, F067389

In this case, plaintiff sued defendants in state court for fraud, breach of contract, negligence, breach of fiduciary duty, and violations of California's unfair competition law, and, on the first day of trial, defendants successfully moved for judgment on the pleadings on the ground of collateral estoppel. The judgment is reversed, where the trial court erred by dismissing the complaint because the prior action was not terminated by a judgment on the merits and the issues therein were not actually litigated.

Appellate Information

  • Decided 12/22/2014
  • Published 12/22/2014

Judges

  • Oliver

Court

  • California Court of Appeal

Counsel

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