TORREY PINES BANK v. SUPERIOR COURT

Docket No. D010931.

216 Cal.App.3d 813 (1989)

265 Cal. Rptr. 217

TORREY PINES BANK, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; WILLIAM A WHITE et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division One.

December 15, 1989.


Attorney(s) appearing for the Case

COUNSEL

Brobeck, Phleger & Harrison, Theodore W. Graham, William F. Sullivan and Ross A. Epstein for Petitioner.

No appearance for Respondent.

Lynn H. Ball for Real Parties in Interest.


OPINION

KREMER, P.J.

Petitioner Torrey Pines Bank (the Bank) seeks mandate directing the superior court to vacate its ruling denying the Bank's motion for summary judgment on its complaint against real party in interest William White. We find the Bank is entitled to judgment as a matter of law because the affirmative defenses asserted in White's answer to the Bank's complaint are barred under principles of res judicata.

I...

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