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Is it Res Judicata
Posted: Tue Jan 20, 2015 10:06 am
by Yahoo Bot
Gerald,
The question is whether the arbitration award constitutes a "prior
Judgment" for Res judicata to apply. You need a final judgment.
Even if there was a final judgment, the court may still hear the
dischargeability issues
Christine
Christine A. Wilton,
Esq.
Law Office of Christine A.
Wilton
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email:
attorneychristine@gmail.com
Blog:
www.losangelesbankruptcylawmonitor.com
The post was migrated from Yahoo.
Is it Res Judicata
Posted: Mon Jan 19, 2015 7:26 pm
by Yahoo Bot
Client is being sued in USBC for 523(a) 2-4-6.
But Plaintiff pursuant to the sale agreement obtained an arbitration award
at JAMS (in which Defendant did not materially participate). The award did
not mention false pretenses, fraud, or malicious injury. But the original
Demand for Arbitration mentions misrepresentations, fraud and interference
with Plaintiff's practice by Defendant.
1. Can Plaintiff now re-litigate the case in USBC even though the JAMS
judge failed to award on the fraud issue?
2. Or can Defendant raise the Res Judicata issue?
3. Or does his failure to participate in the JAMS arb preclude the res
judicata issue working for him?
Gerry
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
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The post was migrated from Yahoo.