California, United States of America
The following excerpt is from Rahman v. Capital One, N.A., F070066 (Cal. App. 2016):
"It is axiomatic that a final judgment serves as a bar not only to the issues litigated but to those that could have been litigated at the same time." (Takahashi v. Board of Education (1988) 202 Cal.App.3d 1464, 1481.) "'If the matter was within the scope of the action, related to the subject matter and relevant to the issues, so that it could have been raised, the judgment is conclusive on it despite the fact that it was not in fact expressly pleaded or otherwise urged. [Italics in original.] The reason for this is manifest. A party cannot by negligence or design withhold issues and litigate them in consecutive actions. Hence the rule is that the prior judgment is res judicata on matters which were raised or could have been raised, on matters litigated or litigatable.'" (Ibid.) Through their prior complaint, plaintiffs challenged defendants' right to conduct a nonjudicial foreclosure and sell the property pursuant to a power of sale in the note and deed of trust. The scope of that action encompassed all challenges to the validity of the loan transaction and the power of sale. Accordingly, the allegations of predatory lending
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