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N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9082
Experience:  since 1983
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We are filing a notice to dismiss pro se. The contractor has

Customer Question

We are filing a notice to dismiss pro se. The contractor has lost a lawsuit and appeal against me
He is now trying to sue my son
What terminology is used to indicate that my son had nothing to do with the work performed at my home except to provide the contractor with my name address and phone number.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  N Cal Attorney replied 1 year ago.
Thank you for your question.
Is the contractor suing for the exact same thing as before?
Customer: replied 1 year ago.

Yes. Is it true that this becomes a different case even though its the same matter

Expert:  N Cal Attorney replied 1 year ago.
Thank you.
My opinion is that you can file an answer stating that his claims are barred by the doctrines of res judicata and, more properly, collateral estoppel, see
http://legal-dictionary.thefreedictionary.com/Collateral+Estoppel
See also
http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=3358&context=lawreview
Contractor could have named son in the first case but did not. He does not get a second bite at the apple.
Please follow up on this with a local attorney.
I hope this information is helpful.