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3429 REVIEW GRANTED Dismissal of a breach of contract action under the parol evidence rule is a termination on the merits such as may support a subsequent action for malicious prosecution; the CCP section providing that a party who controls an action may be bound by adjudications made in the action simply codifies a common law rule of issue preclusion and does not empower a court to make a non-party personally liable for a judgment rendered in the action.CitationCASA HERRERA v BEYDOUN (Parol Evidence Termination) 103 CA4 83 [See: CCP 1908; Lackner v LaCroix 25 C3 747; Hall v Harker 69 CA4 836, T/AT 3/99; Hillenbrand v INA (RhrgGrtd) 102 CA4 584, T/AT 11/02]
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