Lim Ruger Wins Appeal To Overturn Judgment Based On Res Judicata

November 12, 2008 – Lim Ruger won an appeal that will allow the Firm’s client, a corporate investor, to proceed with a multi-million dollar claim arising out of the defendants’ breach of contract and related torts. While the investor’s claim was pending in Los Angeles County Superior Court, the United States filed a civil action in federal court seeking forfeiture of certain assets owned by the defendants, which assets were acquired by the defendants with funds wrongfully taken from the investor. After the United States lost the federal action due to evidence authentication issues, the defendants obtained summary judgment in the Superior Court action under an erroneous application of the doctrine of res judicata. The California Court of Appeal reversed, correctly ruling that most of the investor’s claims were not and could not have been raised in the federal action.

Lim Ruger has successfully handled numerous appeals in a wide range of cases in the California and federal appellate systems. Please click here for other examples of Lim Ruger’s appellate work.