Fox

Fox v. Forster CA1/3

Good Law
Court of Appeal of CaliforniaDecember 23, 2021A158103California1,456 words

Opinion

Opinion

Filed 12/23/21 Fox v. Forster CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

PATRICIA FOX,

Plaintiff and Appellant,

A158103

v. GARDNER FORSTER III, (Contra Costa County Super. Ct. No. C19-00105) Defendant and Respondent.

In this action, plaintiff Patricia Fox seeks damages for injuries she suffered in an automobile accident in 1983. The trial court sustained defendant Gardner Forster III’s demurrer without leave to amend. We conclude the trial court properly ruled the action is barred by res judicata, and we accordingly affirm the judgment.

The record contains no judgment of dismissal, and plaintiff informs us

none was entered. We shall order the trial court to enter, nunc pro tunc as of June 26, 2019, the date of entry of the order…

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