I sued a contractor in small claims court for property damage and won due to no show and counter suit was dropped due to no show...then I filed in superior court against the contractors bond for Breach of Contract..per advice from L&I .since the contract was paid...( a lien was paid) and the work was never completed now a motion was filed to try to dismiss this case...stating trial it is res judicata ...But they are different. different evidence...the roofer finished the job (so he stated) then got back on my roof and broke several end tiles thus causing property damage....Any advice???
Lawsuit / Dispute Attorney
I am extremely familiar with trials and appeals relative to the doctrine of res judicata
Yours is a question that will take hours or research and investigation and far exceeds the scope of this general Q and A forum
You need to hire counsel on this.