Does a decision that the Superior Court has no jurisdiction to dismiss a case solely for lack of jurisdiction constitute a decision on the merits for res judicata purposes?

California, United States of America


The following excerpt is from Hi-Desert Med. Ctr. v. Douglas, 190 Cal.Rptr.3d 897, 239 Cal.App.4th 717 (Cal. App. 2015):

Maddern v. Superior Court (1972) 22 Cal.App.3d 998, 10041005, 99 Cal.Rptr. 832 [reiterating that a determination that the court has no jurisdiction to act is not a decision on the merits] are distinguishable. In those cases, the courts recognized that dismissing a case solely for lack of jurisdiction does not amount to a decision on the merits for res judicata purposes; as set forth above, that is not what occurred here.

[239 Cal.App.4th 733]

C. Same Claim

Both the Mission litigation and the instant case revolve around the same claim.

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