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· 3/30/2001

Warren Y.S.C. Albano Caroline C.S. Albano,plaintiffs-Appellants v. Norwest Financial Hawaii, Inc.,defendant-Appellee

Citations

  • 244 F.3d 1061
  • 2001 Cal. Daily Op. Serv. 2579
  • 2001 Daily Journal DAR 3209
  • 2001 U.S. App. LEXIS 5224
  • 2001 WL 303883

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reiterating that “the doctrine applies if the issues ‘could have been raised in the earlier state court actions.’”
  • holding default judgment in foreclosure action was 10 final judgment barring borrowers’ later filed Truth in Lending Act claim
  • reiterating that “the doctrine applies if the issues ‘could have been raised in the earlier state court actions.’”
  • reaching a similar conclusion when a TILA claim was barred under state preclusion law
  • “There can be no doubt whatsoever that the plaintiff’s TILA claim could have been litigated in the foreclosure action. It was a defense that would have ineluctably precluded foreclosure if the plaintiff’s claims are meritorious.”
  • “There can be no doubt whatsoever that the plaintiff’s . . . claim could have been litigated in the foreclosure action. It was a defense that would have ineluctably precluded foreclosure if the plaintiff’s claims are meritorious.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fletcher, Fernandez, Paez

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.