Johnson v. Sanmina-SCI Corp

Filed 6/6/06 Johnson v. Sanmina-SCI Corp. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

Appeal from a judgment of the Superior Court of Orange County, Karen Bravatta, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.

Suojanen Law Office, Wayne W. Suojanen and Gino P. Pietro for Plaintiff and Appellant.

Call, Jensen & Ferrell, Scott J. Ferrell and David R. Sugden for Defendants and Respondents.

Yvonne Johnson appeals from a judgment entered in favor of the defendants, Sanmina‑SCI Corporation, Interworks Computer Products, and Viking Components Inc., after the trial court sustained the defendants' demurrer to Johnson's complaint without leave to amend based on res judicata. A prior action was brought by Johnson and her corporation against the defendants to recover sales commissions Johnson claimed were owed by the defendants on theories of breach of written contract, misrepresentation, quantum meruit, and unjust enrichment. After the defendants obtained summary judgment, the current action was brought by Johnson individually seeking recovery of the same commissions on a theory of implied‑in‑fact contract. We agree with the trial court the two lawsuits involve the same primary right and the judgment in defendants' favor in the first action bars the second. Accordingly, we affirm.

FACTS AND PROCEDURE

Johnson I

In May 2003, Johnson and ATS Solutions Inc., a company of which Johnson was president and principal shareholder, filed a complaint in Orange County Superior Court against the defendants. (ATS et al. v. Interworks et al. (Super. Ct. Orange County, 2003, No. 03CC06599) hereafter â€