California, United States of America
The following excerpt is from Downer Corp., Application of, 172 Cal.App.2d 126, 342 P.2d 64 (Cal. App. 1959):
The doctrine of res judicata was applied in respect of a judgment rendered in connection with arbitration in Goldkette v. Daniel, 70 Cal.App.2d 96, at pages 98-99, 160 P.2d 145, at page 146. In this case, since the right to attorneys' fees could have, and as I have said ought to have, been tendered as an issue in the [172 Cal.App.2d 132] main action when application was made for a confirmatory judgment, the right to attorneys' fees stands as adjudicated against respondent. In that proceeding respondent could not withhold any proper issue nor split its demands so as to retain the right to litigate in later proceedings. Akin to the foregoing are these further considerations. There was but one 'action at law' begun and prosecuted by respondent. The fact that an appeal was taken did not and could not constitute a new action. Section 1049 of the Code of Civil Procedure provides that:
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