The brand new Torrey Pines court approved a good writ away from mandate directing the latest all the way down legal to offer the new Bank’s action getting summation wisdom. (Torrey Pines, supra, 216 Cal.Application.three dimensional. on p. 824.) They determined res judicata banned White’s affirmative protections as the “[s]uch affirmative protections assert an equivalent nucleus off medical circumstances and you can enhance the same legalities because people so-called for the [his] earliest revised problem however if number 597676. White’s voluntary dismissal having prejudice out of their lawsuit in case matter 597676 constituted a good retraxit and you can determination towards deserves invoking new values away from res judicata barring relitigation ones factors due to the fact affirmative defenses however, if amount N38961.” (Id. Continuarea →