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PNC entitled to summary judgment under res judicata

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The Indiana Court of Appeals affirmed the ruling of the Marion Superior Court that granted summary judgment in favor of the defense in Wells Fargo Bank, N.A., f/k/a Wachovia Commercial Mortgage Inc. v. PNC Bank, N.A. f/k/a National City Bank of Indiana, 49A02-1111-PL-1004.

In this lawsuit, Wells Fargo alleged breach of contract, promissory estoppel, unjust enrichment, breach of duty to deal in good faith, tortious injury to property interest, slander of title, and bad faith. The Court of Appeals judges had to decide whether the trial court erred when it found that the claims asserted in Wells Fargo’s complaint are barred by res judicata.

On appeal, Wells Fargo maintained that res judicata did not bar its claims because claim preclusion does not apply because there is no privity of parties or mutuality of estoppel, and Wells Fargo is not asserting the same claims as decided in a prior matter and resolved by the Indiana Supreme Court.

The COA disagreed.

“In sum, National City and (Paula) Phillips are in privity for purposes of the instant action, and the issues are the same for purposes of res judicata. Wells Fargo does not dispute that the other two elements of claim preclusion are satisfied here. The trial court did not err when it concluded that National City is entitled to summary judgment under the doctrine of res judicata,” Judge Edward Najam Jr. wrote, with Judges Patricia Riley and Carr Darden concurring.

The facts and procedural history underlying the instant action were set out in Money Store Investment Corp. v. Summers, 849 N.E.2d 544 (Ind. 2006), in which Paula Phillips sued Neal Summers and the company in which he was sole shareholder regarding the ownership of the trademark/trade name “Paula’s Seafood.” They entered into a written settlement agreement in 1999 and the suit was later dismissed without prejudice. Money Store involves the foreclosure of mortgages owned by Summers.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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