Can a witness be found privy with a party in a subsequent proceeding?
California, United States of America
The following excerpt is from Dyson v. State Personnel Bd., 213 Cal.App.3d 711, 262 Cal.Rptr. 112 (Cal. App. 1989):
6 We recognize that the fact that an individual appears as a witness in an action does not in and of itself support a finding of privity with a party in that action for purposes of the application of collateral estoppel in a subsequent proceeding. (Minton v. Cavaney (1961) 56 Cal.2d 576, 581, 15 Cal.Rptr. 641, 364 P.2d 473.)
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