|
P0780 If facts giving rise to a cause of action relating to a previously adjudicated matter were not discovered until after the complaint was filed in the adjudicated matter, res judicata does not bar the second cause of action unless the party asserting res judicata establishes that the discovery reasonably should have been made prior to the filing of the complaint in the first matter.
ALLIED v DIEDE (Late Discovery) 127 CA4 150 [See: Mycogen v Monsanto 28 C4 888, P/AT 9/02; Yager v Yager 7 C2 213]
|
|