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Collateral Estoppel

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Struiksma v. Ocwen Loan Servicing, No. G059223, 2021 Cal. App. LEXIS 574 (Ct. App. July 14, 2021

The res judicata/collateral estoppel effect of a post-foreclosure unlawful detainer judgment extends only to proper conduct of the trustee's sale, not to claims of earlier wrongs committed by the lender that purportedly led eventually to the foreclosure.  Thus, here, the unlawful detainer judgment against the borrowers did not preclude them from later suing on a claim that the lender had… Read More

Shuler v. City of Los Angeles (2021)

Plaintiff sued City in federal court, alleging both federal and state law claims arising from her arrest and strip search by City police officers.  The federal jury rendered a verdict in the City's favor on the federal law claims.  The federal court dismissed the state law negligence claims without prejudice.  Plaintiff refiled those claims in state court.  Following Hernandez v.… Read More