Du Toit v. Englund CA4/3

INTRODUCTION

In a prior lawsuit, Monique M. Du Toit (Plaintiff) asserted against Robert Barton Englund (Defendant) various causes of action arising out of or related to a written partnership agreement to which she was not a named party. The trial court sustained without leave to amend demurrers to the first amended complaint in the prior lawsuit on the ground Plaintiff was not a third party beneficiary of the partnership agreement. Plaintiff did not appeal from the subsequent judgment of dismissal. In the present lawsuit, Plaintiff asserted against Defendant various causes of action arising out of or related to the same partnership agreement that was the subject of the prior lawsuit. The trial court sustained Defendant’s demurrer without leave to amend on the ground Plaintiff’s causes of action were barred by res judicata or collateral estoppel. Exercising de novo review (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865), we affirm.

ALLEGATIONS AND PROCEDURAL HISTORY

I. The Prior Lawsuit

Plaintiff’s first amended complaint in the prior lawsuit alleged: In 1994, Defendant and Theodore D. Phillips entered into an oral contract (the 1994 Oral Contract) by which they…