Securitization refers to the habit of pooling and you can packing funds getting profit to investors

The newest Torrey Pines court provided an excellent writ of mandate directing the latest all the way down legal to provide the brand new Bank’s motion getting summary judgment. (Torrey Pines, supra, 216 Cal.App.three dimensional. at p. 824.) It calculated res judicata prohibited White’s affirmative protections while the “[s]uch affirmative protections assert a comparable nucleus out-of surgical items and enhance the exact same legal issues as the those people alleged when you look at the [his] basic amended grievance however, if count 597676. White’s volunteer dismissal which have bias out-of his suit but if count 597676 constituted good retraxit and you will determination to the merits invoking brand new principles away from res judicata barring relitigation of them affairs because affirmative protections however if count N38961.” (Id. at pp. 819–820.) The fresh new Torrey Pines court informed me, “White’s dismissal which have prejudice in case count 597676 prohibited another action because of the White against the Lender in line with the same factual factor alleged in his first revised problem” and you will kept “White’s dismissal having bias also precluded him of asserting those individuals similar situations because affirmative defenses with the Bank’s criticism however if amount N38961.” (Id. (more…)