Patel v. Crown Diamonds, Inc.
Annotate this CaseRita Patel appealed the trial court’s dismissal of her case after granting terminating sanctions striking her complaint under Code of Civil Procedure section 128.7. The court concluded Patel filed the complaint for an improper purpose without evidentiary or legal support because her claims were barred by res judicata based on her previous adversary action in federal court opposing Victor Ali’s bankruptcy petition. After Ali obtained his bankruptcy discharge, however, Patel did not sue him in this action for fraud and related claims, but rather his business partners, including Ana Alonso, and their company Crown Diamonds, Inc. (Crown). The Court of Appeal reversed, however, finding that res judicata and collateral estoppel did not apply to insulate defendants from answering for what Patel claims were their fraudulent activities.
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