Colebrook v. CIT Bank, N.A.Annotate this Case
The Court of Appeal affirmed the district court's judgment sustaining CIT's demurrer without leave to amend based on res judicata. The court explained that appellant's present lawsuit involves the same primary right as three prior lawsuits that she brought against CIT, and plaintiff lost on the merits in all three prior lawsuits: one in the Los Angeles County Superior Court and two in the United States District Court. The court further explained that the prior adverse decisions by three trial and two appellate courts were not advisory opinions suggesting how appellant should proceed in the future. The court concluded that, pursuant to the doctrine of res judicata, the decisions constitute final judgments on the merits precluding further litigation against respondent concerning the same primary right. The court noted that, although the present appeal is frivolous, it will not order sanctions to be imposed on appellant. However, the court cautioned appellant that further attempts to litigate the subject matter of this lawsuit will result in sanctions.