Gray v. La Salle Bank
Annotate this Case
Plaintiffs purchased a residence and obtained a $1 million loan, memorialized by a note secured by a deed of trust. Years later, the property was sold through a nonjudicial foreclosure. Plaintiffs, after two prior federal suits were dismissed without prejudice, filed this state lawsuit for wrongful foreclosure, against the Buyers, and Lenders. Lenders successfully argued the action was barred by res judicata (claim preclusion), based on those dismissals; under Federal Rule 41(a)(1)(B), the “two dismissal rule,” the dismissal of the second federal suit was “an adjudication on the merits.”
The court of appeal concluded the voluntary dismissal of the second federal lawsuit was not a final “adjudication on the merits” that barred the filing of this case in state court. The two-dismissal rule of Rule 41(a)(1)(B) applies when there is a voluntary dismissal in state or federal court, a second voluntary dismissal in federal court, and the subsequent filing of an action in the same federal court where the second suit was dismissed. Under California law, a plaintiff’s voluntary dismissal without prejudice of a prior action is not a final judgment on the merits that bars a subsequent suit. California does not prohibit a plaintiff from filing dismissals without prejudice in successive actions. The rule is inapplicable to this state court lawsuit alleging only state-law claims. The court nonetheless affirmed, concluding that the challenges to the foreclosure lack merit.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.