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ALLIED FIRE PROTECTION v. DIEDE CONST.

No. C045720.

25 Cal.Rptr.3d 195 (2005)

127 Cal.App.4th 150

ALLIED FIRE PROTECTION, Plaintiff and Appellant, v. DIEDE CONSTRUCTION, INC. et al., Defendants and Respondents.

Court of Appeals of California, Third District.

February 24, 2005.

Attorney(s) appearing for the Case

McInerney & Dillon, William H. McInerney, Jr., Quinlan S. Tom and Alexander Bannon, Oakland, for Plaintiff and Appellant.

Parish & Small, William H. Parish, Stockton, and Kenneth M. Wentz, III, for Defendants and Respondents.

MORRISON, J.

Plaintiff Allied Fire Protection (Allied) appeals from a judgment in favor of defendants Diede Construction, Inc., and Wayne Diede on a fraud action after the trial court granted defendants' motion for summary judgment on the basis of res judicata. Allied contends the fraud claim was not barred by res judicata because it did not accrue until after the prior federal complaint had been filed. We agree and...

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