Davies

This is an appeal by plaintiff Davies from a judgment entered in favor of defendant Krasna after the trial court granted defendant’s motion for judgment on the pleadings.

Two trials and a prior appeal have occurred in this case. In the first trial defendant’s motion for nonsuit was granted as to plaintiff’s cause of action on an implied in law obligation for breach of trust or confidence and the jury was unable to reach a verdict as to the cause of action on an .implied in fact contract. In the second trial the jury returned a verdict for defendant on the first cause of action on the implied in fact contract. Plaintiff appealed. The appellate court, in Davies v. Krasna (1966) 245 Cal.App.2d 535 [ 54 Cal.Rptr. 37 ], affirmed the judgment on the first cause of action and reversed the judgment of nonsuit on the second cause of action on the implied in law obligation for breach of trust or confidence. The Supreme Court denied a hearing.

The case proceeded to the superior court, after remittitur, on the pleadings. Defendant filed a motion for summary judgment on grounds of estoppel by judgment and res judicata. The motion was denied. Defendant moved for judgment on the…