California, United States of America
The following excerpt is from Hudspeth v. U.S. Bank N.A., E071353 (Cal. App. 2020):
Here, the two actions involved different primary rights for one simple reason: The foreclosure occurred after the judgment in the first action and before the complaint in the second action. "Res judicata is not a bar to claims that arise after the initial complaint is filed. These rights may be asserted in a supplemental pleading, but if such a pleading is not filed a plaintiff is not foreclosed from asserting the rights in a subsequent action. [Citation.] The general rule that a judgment is conclusive as to matters that could have been litigated 'does not apply to new rights acquired pending the action which might have been, but which were not, required to be litigated [citations].' [Citation.]" (Allied Fire Protection v. Diede Construction, Inc. (2005) 127 Cal.App.4th 150, 155.)
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