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Ochoa, Shaumyan in ‘Law 360’ on Published Appellate Win for JP Morgan Chase Bank, N.A.

February 3, 2017

Los Angeles Counsel Richard Ochoa and Associate Alfred Shaumyan were mentioned on Jan. 24 in Law360 for their appellate victory in a published decision by the California Second District Court of Appeal for client JPMorgan Chase Bank, N.A.  The Court of Appeal affirmed Santa Barbara Superior Court Judge Thomas P. Anderle's judgment of dismissal based on res judicata, and on the merits, rejecting the additional arguments by Santa Barbara resident and attorney Douglas Gillies that Chase committed fraud, violated various provisions of the California’s Homeowner’s Bill of Rights and its non-judicial foreclosure statutes, and that the trial court’s denial of injunctive relief was improper.  The three-judge appellate panel held that its prior adverse rulings precluded Gillies from re-litigating, on different theories, the same primary right, stating: “By submitting to the court to resolve a dispute, a litigant who is willing to abide by an order granting relief must be willing to abide by an order denying relief.  This is lost upon Gillies.  The sanctity and integrity of a final judgment must be honored, or there is no such thing as a final judgment.”  Notably, the Court of Appeal also accepted Chase’s arguments to end Gillies’ multiple lawsuits and appeals, emphasizing that “Respondent argued, and the trial court agreed, that appellant is ‘gaming the system.’  The game is over.”