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Claim & Issue Preclusion

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In re Tomkow

A California state court judgment must be given issue preclusive effect on any issue it decides even if it is affirmed by the state Court of Appeal only on other issues.   Read More

Franceschi v. Franchise Tax Board

Plaintiff’s unsuccessful federal 1983 suit against the Franchise Tax Board for publishing plaintiff’s name as one of the top 500 tax debtors barred later state law suit against the FTB for that same act.  Read More

Patel v. Crown Diamonds, Inc.

Res judicata did not bar current because since the current defendants who were not parties to the prior suit and were not in privity with those parties, and because the record did not show the reason why the prior suit was dismissed on the pleadings. Read More

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