Superama Corporation, Inc. v. Tokyo Broadcasting System Television, Inc.

Summary

The Central District of California orders the defendant to show cause why the action should not be dismissed on res judicata grounds. The court declines to apply claim-splitting because the prior and current actions were not concurrently pending, and holds the motion to dismiss under submission pending briefing on whether the prior judgment was final and on the merits.

Holdings

1. The court declined to apply claim-splitting to dismiss the action because the prior and current actions were not pending simultaneously and the defendant identified no authority applying claim-splitting in that circumstance.
2. The court declined to decide res judicata sua sponte at that time because the parties had not fully briefed whether the prior dismissal constituted a final judgment on the merits.

Questions Presented

1. Whether claim-splitting barred the action when the prior action involving the same parties and underlying events was no longer pending.
2. Whether the court should dismiss or otherwise resolve the action on res judicata grounds without allowing the parties to brief all elements of claim preclusion.

Disposition

other