In re Hernandez (Ch. 13 Case No. 18-40430, Adv. No. 18-04017)
This case was before the court on a Rule 12 motion to dismiss. The defendant argued that the complaint failed to state a claim for relief because a prior state-court judgment resolved the claim and thus, res judicata prevented recovery. The court, however, determined that the complaint neither incorporated the state-court judgment nor sufficiently described the state court’s findings to create grounds for dismissal under Rule 12. Because the court would have to consider documents outside the pleadings to determine the merits of a res judicata defense, the court denied the motion.
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Thursday, February 7, 2019