Reidy v. Superior Court of L.A. Cty.

CURTIS, J.

By this proceeding petitioners seek to prohibit the respondent court from proceeding to the trial of an action pending therein entitled

Bank of America National Trust & Savings Assn.

v.

Reidy et al.

Petitioners contend that the issues involved in said action already have been

[112]

tried and determined in a prior action between the same persons who are parties to the second action. In other words, petitioners contend that, as the judgment in the prior action is a bar to the second action, the trial court has no jurisdiction to proceed with the trial of the second action. In this contention the petitioners are in error. While the plea of a former judgment may be a complete defense and a bar to a pending action, the court in which the second action is pending has jurisdiction to pass upon the merits of said plea and determine whether or not it is well taken. This question has been frequently before the appellate courts of this state and has been determined adversely to the contention of the petitioners.

(Baird

v.

Superior Court,

204 Cal. 408, 412 [268 Pac. 640]

; Granger

v.

Superior Court,

159 Cal. 1 [112 Pac. 854];

United States F. & G. Co.

v.

Superior Court,

113 Cal. App. 436 [298 Pac. 63];

Spitzer

v.

Superior Court,

74 Cal. App. 494, 498, 499 [241 Pac. 270].)