California Court of Appeal

In this home foreclosure action, plaintiff sued for "wrongful foreclosure" because the $1.155 million deed of trust was placed in a mortgage investment pool before foreclosure. The judgment of the trial court ruling that the action was subject to a res judicata and collateral estoppel bar, and dismissing the First Amended Complaint, is affirmed, where: 1) even if plaintiff had standing to sue for "wrongful foreclosure," he is precluded from litigating the issue a third time around, as he had his day in court in the bankruptcy proceeding and another day in court in the unlawful detainer action; 2) the unlawful detainer judgment is final and creates a res judicata bar; and 3) the trial court did not err in finding that the causes of action for declaratory relief, quiet title, and violation of the Unfair Practices Act are derivative of the wrongful foreclosure claim and subject to the same res judicata bar.

Appellate Information

• Decided 03/23/2015
• Published 03/23/2015

Judges

• Yegan

Court

• California Court of Appeal

Counsel