KOCH v. RODLIN ENTERPRISES

Docket No. A046979.

223 Cal.App.3d 1591 (1990)

273 Cal. Rptr. 438

FLOYD KOCH et al., Plaintiffs and Appellants, v. RODLIN ENTERPRISES, INC., et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

September 25, 1990.


Attorney(s) appearing for the Case

COUNSEL

Wilson, Ryan & Campilongo, Andrew H. Wilson, Stuart A. Knowles and Eduardo M. Xavier for Plaintiffs and Appellants.

Montie S. Day, Jon R. Vaught and Cynthia Beier Prada for Defendants and Respondents.


OPINION

WHITE, P.J.

In this action the trial court dismissed plaintiffs' complaint on the grounds that a prior summary judgment based on the statute of limitations entered in favor of defendants conclusively barred the present case by the doctrine of res judicata. We hold that the prior summary judgment was not a judgment on the merits and reverse.

PROCEDURAL HISTORY1

On May 20, 1988...

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