The newest Torrey Pines judge approved a great writ out of mandate leading the brand new straight down legal to grant the new Bank’s actions having realization judgment. (Torrey Pines, supra, 216 Cal.App.three dimensional. in the p. 824.) They computed res judicata prohibited White’s affirmative protections due to the fact “[s]uch affirmative protections insist an equivalent nucleus away from medical facts and raise the same legal issues while the those so-called in [his] earliest amended grievance however if amount 597676. White’s volunteer dismissal having bias from their suit but if matter 597676 constituted a great retraxit and you can devotion to your merits invoking brand new standards away from res judicata barring relitigation of them items as affirmative protections in case amount N38961.” (Id. during the pp. 819–820.) The latest Torrey Pines legal explained, “White’s dismissal with bias in case number 597676 barred some other step by White up against the Financial according to research by the same informative grounds alleged within his first revised issue” and you will kept “White’s dismissal that have prejudice plus precluded your from asserting people identical points because the affirmative protections to the Bank’s complaint but if count N38961.” (Id.