Boyd v. Freeman
Annotate this CaseThe Court of Appeals held that the doctrine of res judicata did not foreclose plaintiff's claims predicated on wrongful foreclosure because the prior judgment was not on the merits. Although the court agreed that both actions involved one primary right in common -- namely, the right associated with the nonjudicial foreclosure scheme-- the judgment in the first action was not on the merits with respect to that primary right, and thus did not bar plaintiff's second action. Accordingly, the court reversed the trial court's dismissal and remanded for further proceedings.
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