The fresh new Torrey Pines legal given good writ off mandate leading the down legal to supply this new Bank’s motion to have summation wisdom. (Torrey Pines, supra, 216 Cal.App.three dimensional. in the p. 824.) It calculated res judicata prohibited White’s affirmative protections while the [s]uch affirmative defenses believe a comparable nucleus from medical affairs and you can raise the exact same legal issues because the the individuals alleged for the [his] first amended criticism but if number 597676. White’s voluntary dismissal which have bias regarding their lawsuit however if count 597676 constituted an excellent retraxit and you may devotion towards merits invoking the brand new principles away from res judicata barring relitigation of them circumstances as affirmative protections in case matter N38961. (Id. at the pp. 819820.) New Torrey Pines judge informed me, White’s dismissal which have bias in case count 597676 barred other step by the White resistant to the Financial in accordance with the same truthful basis alleged within his very first amended problem and you may stored White’s dismissal that have prejudice and additionally precluded him regarding asserting those people the same points because the affirmative protections into Bank’s complaint however if matter N38961. (Id.