SOUTH SUTTER v. LJ SUTTER PARTNERS
Filed 3/16/11
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sutter)
----
| SOUTH SUTTER, LLC, Plaintiff and Appellant, v. LJ SUTTER PARTNERS, L.P., et al., Defendants and Respondents. | C058206 (Super. Ct. No. CV-CS-07-2068) |
| SOUTH SUTTER, LLC, Plaintiff and Appellant, v. ANDERSON WEST, LLC, Defendant and Respondent. | C059554 (Super. Ct. No. CV-CS-07-2068) |
STORY CONTINUE FROM PART III….
Applying direct estoppel here does not convert South Sutter's voluntary dismissal of Sutter I without prejudice into a dismissal with prejudice. Because no judgment was entered on the merits of the Sutter I complaint, South Sutter was free to file a second complaint. In addition, applying direct estoppel to the first prong of the anti-SLAPP motion does not bar South Sutter from prevailing on its claim. It simply subjects it to an earlier showing of proof, somewhat akin to a summary judgment motion, than would otherwise be required. There is no retraxit here.
South Sutter argues the attorney fees order nonetheless does not qualify for establishing a direct estoppel. It claims there was no final judgment on the merits of its Sutter I claims and the only issue actually litigated was whether the Miller defendants were prevailing parties. We have already shown this argument is incorrect. There need not be a judgment on the merits of the complaint in order to apply direct estoppel in the second action. Only the issue being argued in the second action had to be fully and finally litigated in the first action. We have already shown that was the case here.
South Sutter claims Sutter II is not based on the same cause of action as Sutter I, as it seeks only declaratory relief based on contractual and property rights granted under the Option Agreement, not the resolution of breach of contract and tort claims it filed in Sutter I. This argument ignores the concept of the â€
| Description | Plaintiff in these actions, South Sutter, LLC (South Sutter), owned an option to acquire a large tract of land from defendant Odysseus Farms. South Sutter claimed the option agreement also gave it an exclusive interest in other lands owned by Odysseus Farms and a right of first refusal should Odysseus Farms acquire additional property and enter into a joint venture with third parties regarding the new property. When Odysseus Farms entered into an agreement with defendant LJ Sutter Partners, L.P. (LJ Sutter), optioning its other lands, and when Odysseus Farms allegedly formed a joint venture with defendant Anderson West, LLC, regarding new property it had acquired, South Sutter sued. It alleged contract and tort causes of action. |
| Rating |
