Does collateral estoppel prevent a party from relitigating the same cause of action in a subsequent action?

California, United States of America


The following excerpt is from Malkoskie v. Option One Mortg. Corp., 10 Cal. Daily Op. Serv. 12, 485, 115 Cal.Rptr.3d 821, 188 Cal.App.4th 968 (Cal. App. 2010):

4 The parties use the term res judicata. The doctrine of res judicata, or claim preclusion, bars parties from relitigating the same cause of action in a subsequent action. The aspect of res judicata known as issue preclusion or collateral estoppel bars a party from relitigating any issues necessarily included in a prior, final judgment. ( Rice v. Crow (2000) 81 Cal.App.4th 725, 734-735, 97 Cal.Rptr.2d 110.) Collateral estoppel is the more accurate term to use on these facts and we use it accordingly.

5 Defendants asked the trial court to take judicial notice of the unlawful detainer complaint, answer and judgment.

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