Kapral v. VDC, LLC CA5
Appellant, Robert Kapral, challenges the judgment on the pleadings on his cross-complaint in favor of respondents, VDC, LLC (VDC) and Gordon Downs. The trial court concluded that retraxit, i.e., res judicata, barred this cross-complaint because Kapral based it on the same primary right as a cross-complaint involving the same cross-defendants filed in a previous action that the parties voluntarily dismissed with prejudice.
According to Kapral, the court erred because it failed to make factual determinations regarding the effect of the settlement agreement that terminated the prior action. Kapral further argues the same primary right was not asserted in both cross-complaints because each alleged a different harm.
The trial court did not err as Kapral claims. Therefore, the judgment will be affirmed.
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