ALPHA

Travelers Casualty and Surety Company of America (Travelers) appeals from a judgment in favor of respondent Alpha Mechanical, Heating and Air Conditioning, Inc. (Alpha), following a bench trial on Alpha’s complaint seeking payment from Travelers as surety on a payment bond for R.A.S. Builders, Inc. (RAS). The parties had earlier settled a cross-complaint filed by RAS against Alpha, which RAS had dismissed with prejudice before trial. At trial on Alpha’s complaint, the trial court granted Alpha’s motion in limine to preclude RAS, on res judicata grounds, from introducing any of the facts related to RAS’s dismissed cross-complaint. Travelers contends the court’s in limine ruling deprived RAS of its right to defend itself and was error because (1) principles of res judicata and collateral estoppel are inapplicable in that for purposes of res judicata or claim preclusion, the primary rights involved in Alpha’s complaint and RAS’s cross-complaint are separate and distinct, and for purposes of collateral estoppel or issue preclusion, none of the issues in RAS’s cross-complaint were actually litigated; (2) the authority relied upon by the trial judge, Torrey Pines Bank v.…