Carmichael vs Washington Mutual Bank FA

Case No.: 37-2018-00037604-CU-OR-CTL    

Defendants JPMorgan Chase Bank, National Association, Successor In Interest By Purchase From The Federal Deposit Insurance Corporation As Receiver Of Washington Mutual Bank F/K/A Washington Mutual Bank, Fa And California Reconveyance Company's Demurrer to the Second Amended Complaint is sustained without leave to amend.

The claims alleged are barred by res judicata. "Collateral estoppel precludes the relitigation of an issue only if (1) the issue is identical to an issue decided in a prior proceeding; (2) the issue was actually litigated; (3) the issue was necessarily decided; (4) the decision in the prior proceeding is final and on the merits; and (5) the party against whom collateral estoppel is asserted was a party to the prior proceeding or in privity with a party to the prior proceeding." Zevnik v. Superior Court (2008) 159 Cal.App.4th 76, 82. Plaintiffs have filed six prior cases involving the mortgages for this same property. The most recent case was Carmicha........