Claim & Issue Preclusion

A statement of decision entered in earlier litigation brought against the plaintiff in this suit was a sufficiently final determination to be accorded claim preclusive effect even though the parties thereafter settled and obtained a stipulated order from a different judge vacating key portions of the statement of decision.  The opinion contains a lengthy discussion of authorities on the point… Read More

Distinguishing Law v. Siegel (2014) 134 S.Ct. 1188, this decision holds that a bankruptcy court may apply claim and issue preclusion doctrines to bar later assertion of exemptions it has already denied.  Here, Albert claimed two exemptions when she originally filed her Chapter 13 petition.  A creditor objected, and the bankruptcy court denied the exemptions.  Albert failed to appeal.  Later,… Read More

Applying Semtek Internat. Inc. v. Lockheed Martin Corp. (2001) 531 U.S. 497, this decision holds that a federal district court's dismissal of a 42 USC 1983 claim on the ground it was precluded by the res judicata effect of a state administrative decision denying her claim is not a final judgment entitled to claim preclusive effect under federal common law. … Read More

The prior federal judgment did not bar plaintiff's refiled state law claims because they had been dismissed only because the Eleventh Amendment barred a federal court from awarding damages against a state entity—not because of the actual merits of those claims. Read More

In a criminal prosecution for theft from an elder, defendant stipulated to a restitution amount of $700,000, so she was estopped from denying that damage amount in a later action for double damages under the Probate Code. Read More

In a criminal prosecution for theft from an elder, defendant stipulated to a restitution amount of $700,000, so she was estopped from denying that damage amount in a later action for double damages under the Probate Code. Read More

For res judicata purposes, a person seeking mandate review of a city’s approval of a Walmart store expansion is in privity with an earlier petitioner for similar relief as both sought to represent the public interest. Read More

Class action settlement and judgment in a case brought under the California Labor Code had res judicata effect on a subsequent class action involving same employees and same employer based on the federal Fair Labor Standards Act. Read More

When an appeals court affirms a trial court’s ruling on only one ground, that is only the ground that can be given claim preclusive or issue preclusive effect in subsequent litigation.  Read More

Warning labels required for most alcoholic beverages under Proposition 65 do not need to provide a detailed list of all the harmful chemicals found in the product. Read More