Turner v. Moeini CA2/5
Plaintiff and appellant Douglas Turner appeals from a judgment of dismissal of his complaint following an order sustaining a demurrer without leave to amend and a postjudgment order of sanctions in favor of defendants and respondents Pierre Moeini and Harte, LLC. A prior action between the same parties ended in a stipulated settlement and dismissal of the action. In the instant case, the trial court found the complaint was barred by the doctrine of claim preclusion. On appeal, Turner contends: (1) the prior proceeding did not involve the same claims; (2) Turner did not release his claims in the settlement; (3) Harte was not a party to settlement; and (4) he can amend the complaint to allege fraud or misconduct related to the actions of the receiver in the prior case.
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