It seems that the defendants are trying to mislead the court. You can rebut the res judicata defense by stating and demonstrating that the facts of this case are different from the facts in the first case. In pleading res judicata, the burden of proof is upon the defendants to show that the facts, allegations, causes of action and prayers for relief in this case are the same as the ones in the first case. Defendants have not demonstrated how the facts, allegations, causes of action and prayers for relief are similar. I am under the impression that the first case was dismissed without prejudice. Dismissal without prejudice means that although the judge denied your case, he did not take away the right to have it heard again. In case there are any similar facts between the two cases, you can still have them heard again. That would be the basis of my argument. Thank you.
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