Drocco v. Ortega
Gary Drocco appeals from a judgment dismissing his complaint against respondents Edward P. Ortega and Trudy H. Ortega for Droccos failure to state facts sufficient to constitute a cause of action. His complaint was dismissed after the court sustained the Ortegas demurrer without leave to amend on the ground that Droccos complaint was barred by the doctrine of res judicata. Drocco contends his complaint was not barred because he is alleging a separate and distinct cause of action that was not litigated in a prior action. Moreover, he says even if the claim was properly barred, the trial court abused its discretion by denying him leave to amend. Court conclude the trial court properly applied res judicata to Droccos complaint, but abused its discretion when it denied Drocco leave to amend. Accordingly, Court reverse the order sustaining the demurrer without leave to amend.
Comments on Drocco v. Ortega