Legal Question in Appeals and Writs in California

Re: Defended lost appeal, sueing again for breach of contract

If your case is a small claims court case, you should just present to the judge the documentation that it is a repeat of what was already tried. If this is a Superior Court Limited or Unliminted Action, you should file a Demurrer. If this is not a small claims court action, please fax me any documentation you have including both lawsuits to 714 363 0229, and I will provide you with free consultation.

Re: Defended lost appeal, sueing again for breach of contract

You should defend by relying on the judgment, affirmed on appeal, in your favor. You could not have won if you were in breach as the issues concerned the rights of the parties under that very same lease. The defense is called "res judicata" and he is collaterally estopped from relitigating the same issues/case twice. His remedy was to further appeal if that was possible.

If he is suing in small claims, and if you sued and won in small claims, you must make sure your original case file is "judicially noticed" in his case - ask the clerk how you get your old file in front of the judge for the hearing. If he is suing in superior court, then you should hire an attorney who will know exactly what to do.

Re: Defended lost appeal, sueing again for breach of contract

The prior response is exactly correct.

Bob

www.beauchampfirm.com